OF STATE POLICY

THE ROOTS
• The idea of including these principle was to ensure justice for every member of the country. • While framing the Directive Principle they were much inspired by the “Principle of Social Policy” laid down in Irish constitution for the guidance of the legislature. • But the idea of such principles, says M.V. Pylee,” can be traced to the declaration of

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the rights of man proclaimed by revolutionary France and the declaration of independence by the American Colonies ”. • The makers of the Indian Constitution got inspiration from the UN “Declaration of Human Rights” as well.

MEANING AND PURPOSE
• The Directive Principle are in the nature of direction or instruction that tell the Legislature and the executive what to do. They serve as a beacon-light to the Courts as well.

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• The directive principles lay down the positive obligations of the State to give to every person what he wants, that is, a living wage ,humane conditions of work, education for children, a clean environment and equal justice. • Most of these directive proclaim that Indian state is a SOCIAL SERVICE STATE or a WELFARE STATE.

Nature and characteristics
• The directive principle of state policy possess the following characteristics:
– Non-justiciable rights of the people. These provisions shall not be enforceable by any court. – Fundamental in the governance of the country. It shall be the duty of the state to apply these principles in making laws. – Article 31C inserted by the 25th amendment act (1971) Seeks to upgrade the directive Principles.

Classification
• Classified under: – Gandhian Principles • The state shall promote with special care the educational and economic interests of the weaker section of the society and in particular the interest of SC and the ST. • The state shall make an effort to prevent the consumption of liquor and other harmful drugs except for medicinal purposes. • Steps should be taken to organize village panchayats

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 And endow them with such powers and authority as may be necessary to enable them to function as units of self government.  To attack village poverty Gandhi wanted cottage industries, particularly home spinning to flourish. Our Constitution says “The State Shall Endeavour To Promote Cottage Industries In Rural Areas.”

Free Education

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• The state shall attempt to provide for free and compulsory education to all children up to the age of fourteen Years.

Principles That Promote Economic Equality
• B.R.Ambedkar told the constitution assembly that “While We Have Established Political Democracy It Is Also The Desire That We Should Lay Down As Our Ideal Economic Democracy” • The framers of the constitution suggested the following Socialistic Measures:

– The state should ensure for it’s people adequate means of livelihood.

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 Their should be fair distribution of wealth.  Their should be equal pay for equal work for both men and women.  Childhood and youth should be protected against exploitation.  The state is directed to ensure to the people:
 Right to work  Right to education

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– Right to state assistance in cases of unemployment, old age, sickness and disablement.

• The State is directed to secure to the workers, ” A Living Wage”. • The state should ensure the participation of workers in the management of industries and other organization.

Principles Relating to Political and Administrative Matters
• There are certain directions dealing with political and administrative matter also. • We have already referred to state’s obligation to organize village Panchayats. • Another directive instructs the state to separate the Judiciary from the Executive.

Principles Relating To Justice and Legal Matters.
• It means that in matter like marriage, divorce, inheritance and succession all the Indians, Irrespective of their gender or religion, should be governed by the same laws.

Protection and Improvement of Environment
• A new Directive was added to the Constitution by Forty-second Amendment Act,1976. • It speaks about state’s duty ”To protect and improve the environment and to safeguard the forests and wild life of the country.”

Protection of Monument and Objects of National Importance.
• The state is duty-bound to protect every monument or object of artistic or historic importance. • Places and things of national importance should be protected from spoliation, disfigurement, destruction, removal, disposal or export.

Principles which Promote International Peace and Security
• Some of the Directive Principles are aimed at promoting international peace and security. The state shall Endeavour to:  Promote international peace and security.  Maintain just and honorable relations between nations.  Foster respect for international law and obligations  Encourage settlement of international disputes by arbitration.

Criticism
1. The directive principles are criticized on the following grounds:
 Vague and not Properly Classified:
 The directive principles are both vague and repetitive. Thus article 39(a) requires the state to ensure for its people” adequate means of livelihood”. The same things is repeated in article-43 which speaks about “living wage, etc for workers”.

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• Non-justiciable rights:
– These provision are not enforced by any court. Thus if the state provides no assistance to people who are unemployed, no legal remedy is available to them. The critics say that most of the directive principles are “mere empty vessels” or ”pious hopes unlikely to be achieved” .

Article 31c creates more problem than it solves
• Article 31c shall create conflicts between the directive principle and the fundamental rights. This article treats directive principles as being more important than some of the fundamental rights.

Importance and Utility
• There is much truth in the viewpoint of the critics but we are not prepare to admits than the directive have no utility at all.
– The directive principles highlight the national objectives: Although the directives are not justiciable they reflect the “national conscience”. They tell us about the social and economic programmed of a modern welfare state.

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• Directive principles tell us that political democracy is not enough:
Our object in framing this constitution was really two-fold: (i) political democracy and (ii) economic democracy .The directive principles pre -scribe that the material resource of the country should sub serve the common good.

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• The principles provide an element of permanence in a democracy:
In a democracy power changes hands very frequently .Whichever party captures power it shall have to implement these directives . These principles “will pull back the revolutionary and push forward the reactionary”.

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• Sanctions behind the directive principles:
It is wrong to say that the directive principles have no binding force at all. The sanctions behind the directives are of two kind: (i) political and (ii) legal.

Implementation
• The efforts of the state to implement the directive principles need to be analyzed in detail. :
– SOCIAL JUSTICE: The programmed of universalisation of elementary education has been accorded the highest priority in order or provide free and compulsory education to all children up to the age of 14 years.

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• Economic welfare:
Several land reform acts were enacted to provide ownership rights to the poor farmers. By now millions of acres of land has been distributed to SCs and STs and the landless rural people.

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• Legal and administrative matters:
Panchayati raja now covers almost all states and union territories. One – third of the total number of seats have been reserved for women in Panchayats.

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• Foreign policy:
The main principles underlying India’s foreign policy are peaceful coexistence, disarmament and fight against colonialism and racialism. India fully supported the UN’s peace keeping activity. Up to 2004 the Indian army had participated in 37 UN peace-keeping missions.

Fundamental Rights and the Directive Principles complement each other

• In fact the fundamental rights and the directive principles complement and supplement each other. The rights proclaim that India is a Liberal democracy whereas the directive principles lay down the path of country’s social and economic progress.

Directives Principles distinguished from Fundamental Rights
• The directive principles differ from the Fundamental Rights in these respect:
– Whereas Rights are Justiciable the Directive Principles are NonJusticiable. – Rights mainly protect Civil Liberties, the Directive Principles lay down “Economic Democracy” as our Ideal. – Rights Constitute Limitations upon State action, the Directive Principles are in the nature of Positive Direction.

Conflict between the Fundamental Rights and Directives Principles
• There may be a conflict between the fundamental rights of citizen and a law enacted to implement the directive principles. In that case which of the two shall prevail? 1) Normally the directives cannot take precedence over fundamental rights. 2)The general welfare should prevail over the individual rights. 3)Article 31c enhances the value of the directive principles.

By Manthan & Shyam

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