Directive principles of state policy

Directive Principles of State Policy

These elements have been incorporated in the Indian Constitution from the Constitution of Ireland.

These elements are the basic elements of governance.

It is necessary for the state to use or keep these elements in mind in law making.

These are mentioned in Part 8, Article 36 to 51 of the Constitution.

These elements explain the ideals by

which true democracy can be established in India by achieving social and economic goals.

Definition:-

According to M. Pyali,

“Collectively, the directive principles of the state lay the foundation stone of India.

This is a part of the ideals and aspirations of the Indian people,

which the state will try its best to achieve in a limited period.”

Nature of elements:-

These elements are helpful in establishing economic and practical democracy.

These are the principles of morality,

although there is no legal power behind them, that is,

the state is not bound to follow them,

nor does the court protect them, yet no state can disregard them

because following them is the moral duty of the state.

If a government does not act according to these,

then the people will not elect them in the next elections.

In fact, these elements tell the citizens what tasks the government should do.

The criterion of evaluation of the government is in the hands of the public.

These elements have been included in the Constitution

so that through these elements a public welfare state can be established in India.

To every person

Equality, justice and freedom can be achieved.

Apart from this, cooperation can be provided in establishing the values and ideals of national life.

According to Dr. BR Ambedkar:

The basic objective of establishing Directive Principles of Policy is to establish economic democracy.

These are not permanent and rigid but contribute fully to the development of the state by

establishing the changed thoughts of the Indian mind.

Their main objective is to strengthen the foundation of a public welfare state through social, economic and political development.

Type Or Classification

-The following policy directive elements have been included in the Indian Constitution-

1. Economic elements.

2. Administrative and justice related elements.

3. Social and educational elements.

4. Elements related to international peace and security.

5. Other elements.

These elements give instructions to the legislature and the executive as to how they should use their powers.

1. Economic elements:-

are mentioned in Article 39 of the Constitution which is as follows:-

1. There should be such control over the ownership of physical resources that

they are used in the public interest and there should be no centralization of the means of production.

2. All citizens should be given equal pay for equal work and means of earning livelihood should be available

and workers should participate in industrial institutions.

3. Workers, men, women and children should be given work according to their age and strength.

Infancy and adolescence should be free from exploitation,

women should be given maternity leave.

4. Free legal aid should be provided to economically weaker and backward classes.

Citizens incapable of unemployment, old age or disability should be provided assistance by the state.

5. Agriculture and cottage industries should be encouraged.

Animal slaughter should be stopped, breed improvement should be done in animal husbandry.

2. Administrative and justice related elements:-

Government power should be decentralized in a democratic manner i.e.

Panchayati State should be established.

Local self-government should be established.

Judiciary should be independent.

The state should create a uniform code of conduct for all citizens.

There should be no interference by the executive and judiciary in public services.

3. Social and educational elements:-

The following elements have been included for social development and educational development –

1. Make arrangements for free and compulsory primary and secondary education for all boys

and girls above 14 years of age in the state.

2. Scheduled Castes and Scheduled Tribes should be protected from all types of exploitation.

3. On the consumption of harmful substances to improve the living standards and health protection of the citizens of the state.

Impose restrictions.

4. Elements related to international peace and security: –

According to Article 51 of the Constitution: –

1. The State shall promote international peace and security.

2. Will establish friendly relations between nations.

3. International disputes will be settled by peaceful means through arbitration.

4. The state will respect international treaties and agreements.

5. Other elements:-

1. According to article 49

There will be no buying and selling of places and objects declared by the Parliament as national monuments:-

1. It is the duty of the state to save and nurture them.

2. According to the 42nd amendment of the Constitution, it is the duty of the state to protect and promote the environment and wildlife.

Evaluation of Directive Principles:-

For their proper evaluation, it is necessary to understand their advantages and disadvantages.

So look at both sides:-

Importance and Utility (arguments in favor)

1. These elements are helpful in establishing a public welfare state.

2. These elements establish economic, social, political, freedom and equality and are the basis of democracy.

3. Behind these elements is the power of public opinion, that is,

if any state does not follow them,

then the public can remove them through elections.

4. These elements establish moral cultural values and give shape to the idea of Ram Rajya.

5. These elements are the guides for the executive, legislature and judiciary.

Criticism (Opposition) Politicians and intellectuals criticize these elements on the basis

that these elements are not practical because there is no legal power behind them,

these elements are vague and are not in accordance with Indian democracy,

it is not appropriate to limit the path of development.

Although there are some shortcomings in these,

still M.C. Chagla says that

“India can be made a paradise by using these elements.

These equality complements freedom and acts as a balm in constitutional remedies.”

Difference in Directive Principles of Fundamental Rights Policy

Process of amending the Constitution:

Fundamental rights	Directive Principles of State Policy
1. Fundamental rights belong to the citizens.	1. Directive principles of policy relate to the state.
2. There is judicial power behind the fundamental rights, hence their observance is necessary.	2. There is power of public opinion behind them, not judicial power, hence it is optional.
3. These rights are restrictive because they tell the state what it should not do.	3. Directive principles are positive because they tell what functions the state should perform.
4. The President can suspend it during emergency	4. These remain applicable even during emergency, there is no restriction on them.
5. Their scope is limited because they relate only to citizens.	5. The scope of policy directive principles is wide and expansive.

The procedure for amendment in the Indian Constitution is as follows in Article 368 of the Constitution.

A bill to amend the Constitution as per the requirements and circumstances can be introduced in any

House of the Parliament (Rajya Sabha, Lok Sabha) by a special majority of the Parliament.

When the bill is passed in both the Houses by a majority of the total members

and 2/3rd majority of the members present and voting,

then the amendment bill is considered passed after the signature of the President.

Amendments to the specific majority of the Parliament and the approval of the State Legislatures:-

There are some articles in the Constitution on which the specific majority of both

the Houses of the Parliament and the approval of the Legislative Assemblies of half of the states are required.

These subjects are the election of the President,

the powers of the Executive,

the Central Government and High courts of the states,

legislative relations between the center and the states and determination of the number of representatives etc.

Amendments to the Constitution are considered amended after the signature of the President.

There are 22 articles of the Constitution which are amended by

the Parliament in the same process as ordinary laws are passed.

memorable point

Formation of the Indian Constitution:

Formation of the Constituent Assembly,

proposal for the meeting of the Constituent Assembly,

formation of the drafting committee, draft of the Constitution.

Preamble of the Constitution of India

“We the people of India resolve to constitute India into a sovereign democratic republic and to secure to all its citizens social,

economic and political justice, freedom, dignity

and equality of opportunity for expression of opinion, belief, religion and worship.”

Having resolved to promote within it the fraternity

which ensures the dignity of the individual and the unity of the nation,

in this Constituent Assembly this 26th November, 1949 AD (Miti Margashirsha Shukla Saptami Samvat 2006 Vikram)

do hereby adopt, enact and dedicate this Constitution.”