DPSPS PART 04 ART 36 TO 51 (The Directive Principles, although confer no…
DPSPS PART 04 ART 36 TO 51
ART 39 CERTAIN PRNCPLS OF POLICY TO BE FOLLOWED BY THE STATE
THE STATE SHALL DIRECT ITS POLICY TO SECURE
To secure opportunities for healthy
development of children.
it was added to the Article 39 of DPSP's through the 42nd Amendment Act,
Equal pay for equal work for men and
women part of Article 39 of the original Constitution
To promote equal justice and to provide
free legal aid to the poor
it was added to the Constitution through the 42nd Amendment Act,1976 , thus
putting a new Article 39A.
securing the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement.
Old age pension schemes for people
above 65 years.
The Mahatma Gandhi National Rural
Employment Guarantee Program
calls for the separation of judiciary and
The Criminal Procedure Code (1973) separated the judiciary from the executive in the
public services of the state. Thus, the judicial powers vested with the district authorities like
Collectors,Tehsildars etc was taken away.
calls for the modernization
of Agriculture and Animal Husbandry
The Pradhan Mantri Krishi Seenchayi
The Directive Principles, although confer no legal rights and creates no legal remedies, are significant
and useful in the following ways:
They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty,
equality and fraternity.
They facilitate stability and continuity in domestic and foreign policies in political, economic and
social spheres in spite of the changes of the party in power.
They form the dominating background to all State action, legislative or executive and also a guide to
the courts in some respects.
They are supplementary to the fundamental rights of the citizens. They are intended to fill in the
vacuum in Part III by providing for social and economic rights.
They have served as useful beacon-lights to the courts. They have helped the courts in exercising
their power of judicial review, that is, the power to determine the constitutional validity of a law.
the courts can only uphold the validity of a law on the ground that it was
enacted to give effect to a directive principle. They cannot declare a law invalid for violation of DPSPs
Their implementation creates a favourable atmosphere for the full and proper enjoyment of the
fundamental rights by the citizens. Political democracy, without economic democracy, has no
They are like an 'Instrument of Instructions' or general recommendations addressed to all authorities
in the Indian Union. They remind them of the basic principles of the new social and economic order,
which the Constitution aims at building.
They enable the opposition to exercise influence and control over the operations of the
government. The Opposition can blame the ruling party on the ground that its activities are
opposed to the Directives
the DPSP's are guiding principles for the state to follow. They cannot be
implemented without legislation unlike the Fundamental Rights
They serve as a crucial test for the performance of the government. The people can examine the
policies and programmes of the government in the light of these constitutional declarations.
Constitution makers, refrained from giving
legal enforceability to the Directive
Principles of State Policy because:
because the Constitution makers believed that a State which was elected by
people can hardly ever ignore these ideals. Since there were difficulties owing to the lack of resources,
vastness and diversity of the country, they left it on the wisdom of the people to get these ideals
enforced as laws in due course of time
Apart from the DPSP's mentioned in Part IV of the Constitution, there are certain other provisions of the
Constitution which are in the form of Directive Principles for the state. These directives are the related
to the claims of SC's, ST's to services, instruction in mother tongue and development of Hindi language.
They are also not justiciable as Part IV.
Instruction in mother tongue.
this is under Article 350A, in Part XVII of the Constitution
Claims of SC's and ST's to services and
posts of the State
this is under Article 335, in Part XVI of the Constitution
art 43 a
Participation of workers in management