CH-8-Directive principles of state policy (Implementation of DPSP…
CH-8-Directive principles of state policy
The Directive principles of state policy are written in the part 4 of the constitution from article 36 to 51.
The indian constitution makers borrowed the DPSP from the Irish constitution.
Austin said that”The DPSP and FR are the conscience of the Indian constitution”.
Features of the DPSP
1).When the state make the policies and laws then the DPSP provide them the ideal and philosophy on which basis laws and policies form.
2).The DPSP are like instrument of instruction of the GOI act 1935.
3). The Aim of the DPSP are to establish the welfare state.
4).The DPSP are non justiciable in nature.
5).The DPSP are non justiciable but it helps the court to give their judgement that the particular law is constitutional or not.
Reasons behind non justiciable nature
1).The country do not have significant financial resources to their implementation.
2).The vast diversity and backwardness stand in the way of their implementation.
3).During the independence,The country did not able to enforce them if he do that then the state was crashed into the burden of their implementation.
Classification of the DPSP
Article-36-Defination of state
Article-37-According to the article 37 these principles are fundamental for the good governance and it is the duty of the state to apply these principles while making laws.
Article-38-Under article 38 promote the welfare of the state-
[38(1)].To establish the justice-Socially,Economically and political.
[38(2)].To minimise the inequalities in wealth,income and opportunity,etc.
Article-39-Under article 39 provide six principles for implementation such as-
(a)The right to live adequate livelihood of the principles.
(b).That the ownership and control of the material resources of the community are so distributed as best to serve the common good.
(c).Prevention of concentration of wealth and means of production.
(d)To equal wages for equal work for men and women,etc.
(f).To secure the health development of children.
Article-39A-To promote equal justice and to provide free legal aid to the poor.
Article-41-It provide,Right to work and Education and public assistance for unemployed,old ages,sickness and disablement.
Article-42-Under the article 42,provides just and humane conditions for work and for Maternity Relief.
Article-43-It provide the living wages for the worker of their better livelihood.
Article-43A-It provide,The participation of the workers in the management of industry.
Article-47-Under this article, It is the duty of state to increase the nutrition level in the society and improve the public health.
Article-40-It promote the panchayat and gave them fully authority on local level govt.
Article-43-Article 43 also promoted the cottage industries in rural area.
Article-43B- It promoted the cooperative societies.
Article-46-It promotes the educational and Economic interests of the SC/STs and OBCs and to protect them from the social injustice and exploitation.
Article-47-Prohibits the drinking of alcohol and drugs and other intoxic acid.
Article-48-To prohibits the slaughter of the cows and animals.
Article-44-It consist the uniform civil code in the territory of India.
Article-45-It provide the child care and free education from up to 6 years.
Article-48-To organise the agriculture and animal husbandry with the new scientific line.
Article-48A-It provides protection to the environment and safeguard the forest and wild life.
Article-49-It protect the monuments,places and object and historical interest which was declared as a national importance.
Article-50-Separation of judiciary from executive.
Article-51-It promotes,the international peace and security and maintain the just relations with the other countries of the world.
Amendments in the DPSP
42th amendment act,1976
1).Under article 39,To secure the healthy development of children.[39(f)]
2). Article 39A.
44th amendment act,1978
Article 38(2) to minimise the inequities in the income,status,etc.
Reason-Right To Property.
86th amendment act,2002
Article 45 changed into the article 21A and now article 45 promotes the education under the age of six years.
97th amendment act,2011
Criticism and significance of the DPSP
1).No Legally force—The Directive principles also criticed on the basis of of its non justiciable.
2).Illogically arranged—Some critics also said that DPSP are illogical arranged.
3).Constitutional conflict—some critics also said that the DPSP are also conflicting between the centre and state.
Implementation of DPSP
Planning commission(1950)—To minimise the inequities in the income,wealth,etc.
The Bonded labour act,1976 and the Child labour act ,1986 and many more for the interest of labour section.
The Legal service authority act(1987) establish the Lok adalat for the purpose of equal and fair justice.
Under the article 48A —The wildlife protection act (1972) and The Forest (conservation) Act,1980.
Under the article 40 —Local level govt. through the 73rd and 74th amendment act.
The govt.also started some schemes such as MNREGA for the employment.
The ancient and historical monuments and archaeologists sites and remains act(1951).ETC.