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DIRECTIVE PRINCIPLE OF STATE POLICY BY ATRISHEKHAR - Coggle Diagram

- - - - Establish a Welfare State
      - • Provides social justice
      - • Provide Economic justice
      - • Minimize in-equalities
    - - Article 38 To promote the welfare of the people by securing a social order permeated by justice – Social, Economic and Political and to minimise inequalities in inequalities in income, status, facilities and opportuni-ties. not only amongst individuals but also
        amongst groups of people residing in different areas or engaged in different vocations.
        
        Clause 2 of the Article talks about balanced regional development.
      - Article 39 The State shall in particular, direct its policies to secure –
        
        39 (a) Right to adequate means of livelihood for all citizens.
        
        39 (c) Prevent concentration of wealth and means of production.
        
        39 (d) Equal pay for equal work for men and women.
        
        39 (e)Preserve health and strength of workers and children against forcible abuse.
        
        39 (f) Opportunities for healthy development of children.
        
        39(b) the ownership of those resources and materials shall be distributed in such a way that it fulfils the common goal.
      - Article 39A To promote equal justice and to provide free legal aid to the poor
        
        NATIONAL LEGAL SERVICES AUTHORITY
        
        1987 -Legal Services Authorities Act was enacted by the Parliament
        
        Came into force -1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
        
        The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987
        
        To monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.
        
        State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc.
        
        To provide free and competent legal services to the eligible persons.
        
        To organise Lok Adalats for amicable settlement of disputes.
        
        To organise legal awareness camps in the rural areas.
        
        Objectives of Legal Services Authorities
        
        Provide free legal aid and advice.
        
        Spread legal awareness.
        
        Organise lok adalats.
        
        Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
        
        Provide compensation to victims of crime.
        
        Provide compensation to victims of crime.
        
        Women and children
        
        Members of SC/ST
        
        Industrial workmen
        
        Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
        
        Disabled persons
        
        Persons in custody
        
        Those persons who have annual income of less than the amount prescribed by the respective State and less than Rs. 5 Lakhs, if the case is before the Supreme Court.
        
        Victims of Trafficking in Human beings or beggar.
        
        OTHER Initiatives
        
        2 more items...
        
        Basis:Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all
      - Article 41 To secure the right to work, education and public assistance in cases of unemployment old age, sickness, etc.
      - Article 42 To make provision for just and humane conditions of work and maternity relief.
      - Article 43 To secure a living wage, a decent standard of life and social and cultural opportunities for all workers.
        
        Socialistic as well as Gandhian Principle
      - Article 43-A To take steps to secure the participation of workers in the management of industries.
      - Article 47 To raise the level of nutrition and the standard of living of people and to improve public health.
  - - - Article 40 To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.
      - Article 43 To promote cottage industries on an individual or cooperative basis in rural areas.
      - Article 43 B To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
        
        Socialistic as well as Gandhian Principle
      - Article 46 To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation.
      - Article 47 To raise the level of nutrition and the standard of living of its people and secure the improvement of public health and the prohibition of intoxicating drinks and drugs.
      - Article 48 To organize agriculture and animal husbandry on modern andscientific lines and preserve and improve the breeds and prohibit the slaughter of cows,calves and other milch and draught cattle
    - - Based on Gandhian ideology
      - • Truth and nonviolence
      - • Satyagraha - Technique of non-violent public protest
      - • Sarvodaya - Progress of All
      - • Swaraj - Means self-rule
      - • Trusteeship- Socio-economic philosophy
      - • Swadeshi- Means one's own countr
  - - - Article 44 To secure for all citizens a uniform civil code throughout the country.
      - Article 45 To provide early childhood care and education for all children until they complete the age of 6 years.
      - Article 48 To organise agriculture and animal husbandry on modern and scientific lines.
      - Article 48 A To protect and improve the environment and to safeguard the forests and wildlife.
      - Article 49 To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.
      - Article 50 To separate the judiciary from the executive in the public services of the State.
      - Article 51 To promote international peace and security and maintain just and honourable relations between nations
  - - - Article 39(f)-
        
        To secure opportunities for healthy
        development of children
      - Article 39-A
        
        To promote equal justice and to provide free legal aid to the poor
      - Article 43-A
        
        To take steps to secure the participation of workers in the management of industries
      - Article 48-A
        
        To protect and improve the environment and to safeguard forests and wild life
    - - Article 38(1)
        
        minimize inequalities in income, status, facilities and opportunities
    - - Article 21 A
        
        It made elementary education a fundamental right under Article 21 A.
    - - Article 43B
        
        It requires the state to promote
        voluntary formation, autonomous functioning, democratic control and professional
        management of co-operative societies.
    - - • Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts
      - • Article 350A: It shall be the endeavor of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
      - • Article 351: Directive for development of the Hindi language.
      - Implementation of DPSP
        
        ARTICL-39
        
        Clause b and c are implemented through various programs and policies like:
        
        ► Nationalization: It was also indicated by Article 19 (1) (g). Civil aviation sector, Banks and Insurance sector etc. were nationalized by the government.
        
        ► Land Reforms
        
        ► Five Year Plan
        
        ► Monopolies and Restrictive Trade Practices Act, 1969
        
        Clause d has been implemented by the Equal Remuneration Act, 1976
        
        Clause e has been implemented by:
        
        ► Child Labour (Prohibition and Regulation) Act, 1986.
        
        ► National Commission for Protection of Child Rights.
        
        ► Protection of Children from Sexual Offences Act, 2012.
        
        Article 39A
        
        The Legal Services Authorities Act, 1987:
        
        Article 40:
        
        73rd Constitutional Amendment Act 1992 added part IX and Schedule XI in the Constitution.
        
        Article 41:
        
        o National Rural Employment Guarantee Act, 2005.
        
        o National Policy for Older Persons, 1999.
        
        o Old age homes in several Districts.
        
        o Senior citizens are given concessions in airfare, railway fare etc.
        
        o Maintenance and Welfare of Parents and Senior Citizens Act, 2007
        
        o Rights of Persons with Disabilities Act, 2016 and affirmative actions for them (Reservation).
        
        Article 42:
        
        o Factories Act, 1948.
        
        o Maternity Benefit Act, 1961.
        
        • Article 43:
        
        o Minimum Wages Act, 1948.
        
        o Labor Laws Code
        
        o Khadi and Village Industries Commission, Handloom Board, Silk Board etc. were set up regarding Cottage Industries.
        
        • Article 43A:
        
        o Trade Unions Act, 1926.
        
        • Article 43B:
        
        o Cooperative Societies Act at central level and other Cooperative Acts at State level.
        
        o Part IX-B of the Constitution.
        
        • Article 45:
        
        o Earlier provision of this Article was provided by including Article 21A in the Constitution by the 86th
        
        Amendment Act 2002. The Right to Education Act, 2009 provides for its implementation.
        
        o For current provision there is Integrated Child Development Scheme (ICDS).
        
        • Article 46:
        
        o Whole gamut of Affirmative Actions is the best illustration of implementation of this Article.
        
        • Article 47:
        
        o National Rural Health Mission.
        
        o National Urban Health Mission.
        
        o Ayushman Bharat Program.
        
        o Swacch Bharat Scheme.
        
        har ghar jal etc
        
        • Article 48:
        
        o MSP policies.
        
        o Institutions like Indian Council for Agriculture Research, National Dairy Research Institute.
        
        Dedicated agriculture institutions in the States.
        
        Article 48A:
        
        o Wildlife Protection Act, 1972.
        
        o Forest (Conservation) Act, 1980.
        
        o National Green Tribunal
        
        o Environmental Impact Assessment process
        
        o Bharat Stages VI norms
        
        o Project Tiger etc.
        
        Article 49:
        
        o Ancient and Historical Monuments and Archaeological Sites and remains (declaration of national importance) Act,1951
        
        • Article 50:
        
        o Code of Criminal Procedure, 1973 took away the power of District Magistrate to conduct Criminal trials as he is part of the Executive.
        
        Hence the separation has been done by taking away the judicial power from the District Bureaucracy (executive).
        
        Article 51:
        
        Panchsheel Principles.
        
        The whole gamut of foreign policy of the Government of India
  - - - Conservative:
      - Constitutional Conflict
      - No Legal Force:
      - Lack of Clarity
- - - - The apex court ruled that in case of any conflict
        between the Fundamental Rights and the Directive Principles, the former would prevail.
      - It declared that the Directive Principles have to
        conform to and run as subsidiary to the Fundamental Rights.
      - It also held that the Fundamental Rights could
        be amended by the Parliament by enacting constitutional amendment acts.
    - - In this case, the Supreme Court ruled that
        Fundamental Rights could not be amended by the Parliament even for implementation of Directive Principles
    - - The apex court overruled its Golak Nath (1967)
        verdict and declared that Parliament can amend any part of the Constitution but it cannot alter
        its “Basic Structure”
    - - In this case, the Supreme Court reiterated that
        Parliament can amend any part of the Constitution but it cannot change the “Basic Structure” of the Constitution.
    - - In the case of conflict involving Articles other than Article 14 and 19 the court will resolve the issue
        using theory of Harmonious Construction or Harmonization.
      - They can
        also be viewed as means (Fundamental Rights) and ends (DPSP).
      - They both complement and supplement each other.
      - Part Ill and Part IV
        constitute the Conscience of the Constitution.
    - - Due to their non-justiciable nature they have been termed:
        
        o Window Dressing
        
        o Pious superfluities
        
        o Cheque which will not be encashed till the time the bank has money.
        
        o Like New Year resolutions which have been forgotten on the next day.
      - Unsystematic enumeration and a lot of repetitions.
      - Some of them lack clarity.
        
        This is also a positive thing as lack of clarity allows the government to
        interpret the principle in light of emergent circumstances.
      - Some principle are reactionary in nature:
        
        Reactionary means increased focus on the past and revival of old methods, traditions, morals etc.
        
        It means some of the principles are unfit for the present modern times, for example ban on alcohol
        and ban on cow slaughter.
      - Lack of consistency in the provisions:
      - According to some experts there is no conceptual difference between part Ill and Part IV. Shifting of
        any principle mentioned in the Part IV to Part Ill automatically makes it a Right,
        
        e.g. Article 21A. It is very easy to convert the principle into a Right.
      - Part IV is combining abstract principles like Justice with those which look like concrete policy
        prescriptions like ban on alcohol
        
        Hence not all the provisions of Part IV can be considered as principles as principles are very broad and abstract.
      - There is a lack of clarity in the interpretation of the word 'Duty of the State'. It is not clear whether it is
        moral duty or legal duty.
      - The President and Governor take the oath to preserve, protect and defend the Constitution.
        
        Whenever the Central Government/States violate the directives of DPSP then there may arise constitutional conflict between President and Council of Ministers and between governor and State council of ministers.
- - - - o Hindu Adoption Act, 1956
      - o Hindu Minority and Guardianship Act, 1956
      - o Hindu Marriage Act, 1955
      - o Hindu Succession Act, 1956
      - OTHER LAWS
        
        • After the amendment in Anand Marriage Act 1909 in 2012 Sikh marriages can also be registered under this Act also.
        
        • For Christian there is Christian Marriage Act, 1872 and for Pars is there is Parsi Marriage and Divorce Act, 1936.
        
        • Principle Acts which govern the Muslim Personal Law are The Muslim Personal Law (Shariat) Application Act, 1937 and Dissolution of Muslim Marriage Act, 1939.
        
        Special Marriage Act, 1954 is the Act under which the civil marriages are performed and this Act is
        Religion neutral and Caste neutral. Usually the interfaith marriages are registered under this Act.
        
        Under this Act, a 30 day notice period is given to allow any objection to that particular marriage. But this 30 day notice period is being exploited by the family or relatives to pressurize or threaten the The Allahabad High Court in 202 1 made this provision of 30 day notice optional.
    - - • UCC is desirable but sudden implementation may produce some adverse consequences for the Unity and Integrity of the Country.
      - • In Democracy there should be progressive and gradual changes.
      - • The Court cannot direct the legislature to make Law for the implementation of UCC.
      - Shah Bano Case, 1985:
        
        o Section 125 of CrPC is religion-neutral section which provides for the maintenance of wife by the husband on monthly basis in case of divorce subject to the condition that she does not remarry .
        
        o Section 127 of CrPC mentions that if under the personal law wife is entitled to some kind of maintenance payment then the Section 125 that shall not apply.
        
        o The issue that was raised in this case was that does the Mahr (Money) that is being pledged by the Muslim Husband for the Wife during the marriage is divorce payment or not (Section 125 applies or not). Muslim husband has to maintain the wife for the lddat Period of only 3 month along with
        payment of Mahr.
        
        o The Court ruled that the Mahr is not Divorce payment and Section 125 will apply to the Muslim
        Couple. Court also ruled that the Mahr amount is very less and the lddat Period of 3 month is not sufficient.
        
        The Government enacted Muslim Women (Protection of Rights on Divorce) Act, 1986 to reverse the Court Judgment and maintaining status quo.
        
        o In the Danial Latifi Case, 2001 the Court upheld this Act and also ruled that the maintenance
        payment paid in the lddat Period should be large enough to sustain the Wife for the substantial part of her life
        
        Shayara Bano Case 2017:
        
        o There are many un-lslamic elements in the laws governing the personal law for Muslims. Triple Talaq is one such practice. Underthis judgment the Court declared this practice illegal.
        
        o The Government also passed Triple Talaq Act, 2019 which made it criminal offence. This Act was also criticized on the basis that civil offence should be considered as criminal offence and the Court had already delegitimised it.
        
        o Moreover, a Muslim man would no longer pronounce triple talaq due to the fear of imprisonment, but
        he would now just abandon his wife without pronouncing triple talaq..There is a need for a law dealing with the abandonment of the wife by the Husbands in the Country.
        
        POLYGAMY
        
        • Shariat law allowed Polygamy subject to following conditions:
        
        o This is done for the purpose of social service to help destitute women.
        
        o The person will treat all wives equally.
        
        • Bigamy is offence under Section 494 of IPC. It is not applicable to Muslim male up to marriage to 4 wives.
        
        • For justifying multiple marriage people often convert to Islam.
        
        • Sarla Mudgal Case, 1995: The Court said that conversion of non-Muslim person into Islam to legitimize the second marriage is not legal and the section 494 will be applicable on them.
        
        • In the Lily Thomas Case, 2000 the Court reiterated the Sarla Mudgal Judgment.
        
        • According to National Family Health Survey (NFHS- 2011) the people who have more than one surviving wives are :
        
        o Muslim-2.5% of their Population
        
        o Christian -2. 1 % of their Population
        
        o Hindu-1.7% of their Population.
        
        Shariat courts:
        
        • The All India Muslim Personal Law Board (AIMPLB) is an NGO set up in 1973 to preserve and protect Muslim personal law in India.
        
        • Under its ambit, a number of Sharia Courts have been set up which are also referred to as 'Dar-ul-Qaza'. However, these are not legally recognized courts.
        
        • When a matter comes up to the Sharia court, it issues a 'fatwa' which is nothing more than an expression of opinion
        
        • In the V.L. Madan case of 2014, the apex court said that these 'fatwas' are not directions or orders but are opinions, which are non-binding in nature.
        
        • Such fatwas are also not enforceable in the court of law. The Sharia courts are also not allowed to issue fatwas unilaterally without the parties actually involved approach the sharia court to get its opinion.
        
        The apex court also directed the sharia courts against issuing fatwas that specially go
        against fundamental rights.
        
        Benefits of Uniform Civil Code
        
        Reduce burden of legal system:
        
        • Promote national consolidation:
        
        • Promote secularism:
        
        • Address women's rights issue:
        
        Problems with uniform civil code:
        
        6 more items...
    - - Violation of religious freedom
      - Existing secular laws
      - Imposition of ‘Hinduised’ Code
      - Diversity in personal laws
      - arguments for the uniform civil code
        
        Constitutional mandate
        
        Promotion of gender justice and equality
        
        Strengthening of national integration
        
        Evolution of progressive jurisprudence
        
        Precedent of Goa’s Civil Code
      - tribals
    - - It promotes Corruption in administration
      - Organized Crime/Smuggling rackets:
        
        There is illegal sell and consumption of liquor in the States where it is banned which leads to organized crime and smuggling rackets.
      - Ineffective:
        
        There is not a single example of successful implementation of prohibition from anywhere in the world. It was not even successful in western countries where it led to the rise of organized crime and smuggling rackets.
      - Against Liberalism: Liquor and some of the drugs are legalized in most parts of the World.
        
        Also in States like Gujarat liquor is allowed in Special Economic Zones (SEZ's). It should be left to freedom of choice whether one wants to consume it or not.
        
        Even in the States where it is banned the members of Armed forces are allowed to consume.
      - Cigarette not banned
        
        : Cigarettes are equally harmful but they are not banned by the government.
      - States Revenue:
        
        Around 20% of the total revenue of the States from taxes comes from the tax on liquor, thus it is a huge source of income for the States.
      - Victimize poor:
        
        The poor are not able to purchase the high priced illegal liquor, thus they are dependent on spurious/poisonous liquor prepared in unhygienic conditions.
      - It has been reported that the drug consumption in the States under prohibition is increasing.
      - In 2014 Kerala Government released a new policy regarding liquor consumption which only allowed
        the liquor consumption in 5 star hotels and though government registered sellers and banned consumption and sale in small bars and hotels.
        
        This was a clear violation of Article 14 but the Kerala High Court and Supreme Court upheld it.
      - Narula Case, 1967:
        
        The Court said that if State considers any profession, occupation, trade and
        business is inappropriate then it can be banned, but the Court further said that if it is allowed then State cannot allow it selectively
        
        The ban should be equally imposed on everyone without any distinction.
      - Khoday Distilleries Case, 1995
        
        Apex Court said that nobody has the Fundamental Right to trade in liquor. The same logic is applied by the Court in Upholding Kerala Government Policy.
      - Article 48 and Issue related to Cow Slaughter
        
        The Article 48 mentioned that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
        
        Many constitutional experts believe that the later part of the Article should be interpreted in the
        context of the former part of the constitution.
        
        As the discussion for including the provision of
        prohibition on slaughter of cows was completely based on economic consideration.
        
        The preservation, protection and improvement of Stock and prevention of Animal diseases is \mentioned in State list under Schedule 7, thus the Central government cannot ban cow slaughter on national level.
        
        There is complete ban in UP, Maharashtra, Gujarat and Karnataka.
        
        Partial ban is there in West Bengal. This includes slaughter of unfit and unproductive animals after
        acquiring a certificate.
        
        There is no ban in the States like Meghalaya, Nagaland and Mizoram.
        
        Hanif Quareshi Case, 1958
        
        Court said that complete ban will be violation of Article 19 (1) (g) as there will be disproportionate burden on farmers for maintaining unproductive animals.
        
        It held that while the complete prohibition on slaughter of cows was constitutionally valid, the ban on slaughter of bulls, bullocks, and buffaloes can only be up to a certain age, or be based on their usefulness (for milk, draught, or reproduction).
        
        Court also said that \a complete ban will be against the larger public interest as beef is a source of protein for a large section of the population in the Country.
        
        Mirzapur Moti Kureshi Case, 2005:
        
        In 2005, a seven-judge constitutional bench of the Supreme Court upheld this complete prohibition on slaughter of bulls and bullocks under the Gujarat amendment law, in contrast with the earlier judgment
        
        Despite being banned from slaughter, the rate of growth of the cattle population is slower than the rate of growth of the buffalo population (Around 40% of the buffalo population is slaughtered every year).
        
        Despite being banned from slaughter in Maharashtra and UP the Cow population declined in these States since the last animal census.
        
        Due to increased financial burden on farmers for maintaining the unproductive Cows the farmers are becoming reluctant to domesticate Cows, thus producing the exact opposite results from as expected by ban on cow slaughter. This also leads to stray cattle menace.
        
        There should be a partial ban on cow slaughter and the slaughter should be allowed in a controlled
        way.
        
        Recently, a cow protection law (Assam Cattle Preservation (Amendment) Act, 2021) that Assam enforced less than a year ago has led to an acute beef crisis in Meghalaya.
        
        It is important to note that north-eastern states such as Arunachal Pradesh, Meghalaya, Mizoram and Nagaland do not have any such law regulating cattle slaughter.
        
        The Act prohibits the slaughter of cows.
        
        It permits the slaughter of other cattle (bulls, bullocks and buffaloes) if the cattleIt permits the slaughter of other cattle (bulls, bullocks and buffaloes) if the cattle deformity
        
        It also restricts intra-state and inter-state transport of cattle, and sale of beef except at permitted locations.
        
        The relevant authority may inspect and seize cattle and vehicles used for offences
        
        Upon conviction, the seized cattle and vehicles will be forfeited to the state gov
        
        In recent years, states such as Chhattisgarh (2004), Madhya Pradesh (2004), Maharashtra (2015), Haryana (2015), and Karnataka (2021) have also prohibited the slaughter of bulls and bullocks of all ages.
- - - - Marxism/Communism
        
        Fabian Socialism
        
        The objectives can be achieved by evolution with gradual implementation of State Policies
        
        Mixed economy but the State would regulate it
        to subserve larger public good .
        
        State Bureaucracy is the principal instrument to bring change.
        
        Democracy.
        
        The objective of socialism can be achieved by Revolution.
        
        State control of all means of production.
        
        Stateless and Classless society, antipathy towards
        State Bureaucracy. It considers the Bureaucracy as the extension of the elite class only
        
        Totalitarian Government.