fm testbook.com Directive Principle Of The State Policy- UPSC Polity Notes 2021/08/05 ‘The Directive Principles of State Policy constitute very comprehensive social, economic, and political programme for a modern and welfare state. These principles generally emphasise that the State shall try to promote the welfare of the citizens or the people by providing them with basic facilites like shelter, food, and clothing. Unlike the other Fundamental Rights, the Directive Prineiples of State Policy which is also commonly known as DPSP are non-binding in nature which means they are not enforceable by the courts for the violation of their rules. However, we can say that the Constitution itself declares that ‘these principles are fundamental in the governance of the country and it shall also be the duty of the state as well to apply these principles in making laws. Hence we see that they impose a moral obligation that too on the state authorities for their implementation. The Directive Principles of State Policy are a set of important principles that the government is given in order for it to function in line with them and refer to them while crafting laws and policies, as well as to build a just society. ‘These themes are mentioned in Part IV of the Constitution, from Articles 36 to 51. Judicial review is not available for Directive Principles. These, on the other hand, are widely recognized as significant players in the state's governance. These principles strive to create an environment in which citizens can live happy lives in a peaceful and harmonious setting. The directive principles are used to evaluate the state’s performance in order to achieve the aims set forth in the preamble of the Indian Constitution. The definition of the term “state” is covered in Article 36. Unless the case requires otherwise, the idea of “the State” is the same as it is in Part III, which addresses Fundamental Rights. The definition of the state in Article 12 applies to this part as well, stating that the state comprises of the following: The Indian government The National Assembly of India The government of each state is in control of its own affairs. The Legislative Assembly of each state All authorities, local or otherwise, that are part of Indian territory or are administered by the government. Article 37 of the DPSP emphasizes two critical aspects: It can’t be enforced in a court of law. They are also fundamental and essential to the country’s governance. Know more about Fundamental Duties in India here.Directive Principle Of The State Policy (UPSC Polity Notes): Download PDF Here! What Are The Directive Principle Of State Policy In 1945 the Sapru Committee suggested two categories of individual rights. The right which is justiciable are said tobe the Fundamental rights whereas on the other hand the non-justiciable ones are the Directive Principles of State Policy.The DPSP are the ideals which are specifically meant to be kept in mi \d by the state when it formulates enact laws and policies. We should know that there are various definitions to Directive Principles of State which are mentioned below: In 1936 it was said that they are an ‘instrument of instructions’ which are enumerated in the Government of India Act. They generally seek to establish social democracy and economics. The directive principle of state policies or the DPSPs are ideals which are not legally enforceable by the courts for their violation. ‘The questions were asked from this section of Indian Polity in UPSC Prelims and UPSC Mains before. Classification of Directive Principle Of State Policy ‘The Constitution of India has not originally classified Directive Principle Of State Policy but on the basis of their directions and content they are usually classified into three types which are mentioned below: The Socialistic Principles The Gandhian Principles The Liberal-Intellectual Principles. ‘The Indian Constitution does not formally classify the Directive Principles of State Policy but for our better understanding and this is on the basis of content and direction. Which can be classified into three major categories: the Socialistic Principles, the Gandhian Principles, and the Liberal-Intellectual Principles. Socialistic Principles: ‘These principles are said to contemplate the ideology of socialism and then lay down the framework of a state which is democratic socialist. The envisaged concept is providing social and economic justice to people so that the state should achieve the optimum norms of the welfare state. They generally direct the state through- Article 38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47. Article 38: This article discusses social, political, and economic justice. The state is responsible for minimizing inequalities among people based on criteria like as income, status, facilities, and opportunities, according to Article 38(2).Article 39 enumerates all of the policy concepts to which the government is required to follow. Every man, woman, and citizen should have the right to adequate living conditions. Article 39A: This article covers the availability of free legal services. It specifies that the state shall promote justice with the objective of administering justice on an equal footing, and that the state shall provide free legal assistance by any suitable legislation or programs deemed appropriate by the state. Article 41: This article discusses welfare government. It declares that the state must make comprehensive preparations to defend the right to work, and that it must provide public assistance in the event of unemployment, old age, disability, or any other scenario that affects the state's economic capability and development. Article 42: Article 42 discusses securing adequate and humane work and maternity assistance, Article 43: Article 43 discusses fair wages and a reasonable standard of living. ._ Article 47: Nutrition, living standards, and public health are diseussed in this article. Know more about India’s Fundamental Rights here. Gandhian Principles In order to fulfil the dreams of Gandhi there were some of his ideas which were included in DPSP and they direct the state through- Article 4o, Article 43, Article 43 B, Article 46, Article 47 and Article 48. Article 40: The subject of Article 40 is the organization of Panchayats. Article 43: Article 43 discusses fair wages and a reasonable standard of living. Article 43B: Article 43B is concerned with the promotion of cooperatives. Article 46: The purpose of Article 46 is to protect SCs, STs, and weaker sections ftom exploitation, Article 47: Nutrition, living standards, and public health are discussed in this article. Article 48: This article discusses scientific agriculture and animal husbandry. The Liberal-Intellectual Principles ‘These principles have been formed aiming at the ideology of liberalism and are secured through the following articles Article 44 (Need for uniform civil code) Article 45 (gives freedom to reside and move) Article 48 (bans the consumption of beef) Article 48 A (forest and wildlife safeguard) Article 49 (Protection of heritage and monuments) Article 50 (separation of judiciary from the executive) Article 51 (promoting international peace and security) Amendments to the DPSP include the following:Changing the Directive Principles demands a Constitutional amendment that requires a special majority of both houses of Parliament to pass. A two-thirds majority of those present and voting, as well as an absolute majority of the house — whether the Lok Sabha or the Rajya Sabha — must accept an amendment. By revising Article 31-C, the 42nd Amendment Act of 1976 attempted to update the DPSPs. Legislation passed to give effect to any of the Directive Principles that override Fundamental Rights shall not be found unlawful because it abridges Fundamental Rights. In Minerva Mills v. Union of India, the Supreme Court ruled that the 42nd Amendment Act to Article 31C is unlawful and unconstitutional. Articles 38 (2), which directs the state to secure Equal justice and free legal aid, were added by the Forty- forth Amendment Act, 1976 of the Constitution. Article 43, which directs the state to secure the Participation of workers in industry management, was added by the Forty-second Amendment Act, 1976 of the Constitution. Article 43B, which directs the state to strive for Promotion, was added by the 97th Amendment Act, 1976 of the Constitution. Article 45 of the 86th Amendment Act of 2002 provides that children have access to free and compulsory education. Article 48A of the Forty-second Amendment Act of 1976 mandated environmental conservation and enhancement, as well as the preservation of forests and wild species. The Constitution's Seventh Amendment Act of 1956 modified Articles 49. The DPSP and Fundamental Rights: Directive principles cannot be justified and cannot supersede fundamental rights, whilst the latter are upholdable. Political rights are provided by fundamental rights, whereas social and economic rights are provided by the DPSP, Sections 12 through 35 are devoted to fundamental rights, whereas paragraphs 36 through 51 are devoted to directive principles. The following seven fundamental rights are recognized by the Indian Constitution: |, Opportunity Equality The right to personal liberty Religious liberty is protected by the United States Constitution. ‘The right to be exploited-free Constitutional remedies for the rights to culture and education are guaranteed. The right to privacy is a fundamental right (recently added) Principles of State Policy Directive Implementation: Anumber of statutes and policies were established from 1950 onwards to give effect to the Directive Principles. The specifics are as follows: The Federal Minimum Wage Act establishes minimum wages for workers (1948) Child labor is prohibited and regulated by the Child Labor Prohibition and Regulation Act (1986) The Maternity Benefits Act (MBA) is a federal law that protects women who are expecting a child (1976) Boards such as the Handloom Board, Handicrafts Board, Coir Board, Silk Board, and others have been established to promote the growth of cottage industries in the country.Integrated Rural Development Program (1978) Jawahar Rozgar Yojana (Jawahar Rozgar Yojana) is a welfare scheme in India (1989) ‘Swarnajayanti Gram Swarozgar Yojana The government's Sampoorna Gram Rozgar Yojana (Sampoorna Gram Rozgar Yojana) (2001) Mahatma Gandhi’s National Rural Employment Guarantee Programs (2006) The National Forest Policy is a set of guidelines that governs how the country manages its forests (1988) Article 21-A of the 86th amendment provides free education for children under the age of 14. SCs and STs have their rights protected by the Prevention of Atrocities Act. ‘There have been a number of Land Reform Acts passed. Reflection Of Preamble: ‘The Indian Constitution is the fundamental law of land, It is an economic, socio, and political instrument with a revolutionary thrust. Like the other Constitutions the Indian Constitution also commences with a Preamble which is a preface and it reflects the ideals, aspirations and expectations of the Indian people. The preamble is said to contain the aims and objectives of the Indian Republic and enshrines the whole philosophy of the Constitution of Indian in a nutshell ‘The Preamble begins with the words, that are: ‘We, the people of India. .’. Tt suggests to the people that sovereignty resides with the people or the citizens and the faet that all powers of government flow from the people, The Indian national freedom movement had represented the freedoms spirit of the citizens of India, ‘Therefore we concluded that it had a moral legitimacy to use the word, those start with: ‘we the people’ in the Preamble to the Constitution of India. ‘The usage of the words that are : Sovereign, Socialistic, Secular, Democratic and Republic reflects the expectations and aspirations of people about how independent India should be. The word sovereign is a reflection of the spirit of independence attained after centuries of subordination to rule of foreign. The word which is: Socialistie generally signifies that the ownership & control of the material resources of the community are distributed as best to subserve the common good & decentralization of material resources of wealth. Learn about the Right to Equality here. Features Of Directive Principle Of State Policy It denotes us the ideals that the State should keep important things in mind while they are forming or formulating policies and enacting laws. It resembles the ‘Instrument of Instructions’ which is the enumerated form of Government of India Act of 1935. In the words of Dr B R Ambedkar, it is understood that ‘the Directive Principles are like the instrument of instructions. In 1935 these words were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act.Itis said to constitute a very comprehensive economic as well as the social and political programme for a democratic State that is modern, Which in turn aims at realising the high ideals of justice, and liberty, and equality and fraternity as outlined in the Preamble to the Constitution. They included the concept ofa ‘state welfare which was absent during the colonial era, For those who are planning to get success in different competitive exams then they are at best e-learning platforms. The Testbook family is on the top due to our products like: live tests, mocks, Content pages,GK and current affairs videos and much more. They target various competitive exams specially government exams like UPSC, CDS, Banking, SSC and many more. Download the Testbook app as fast as possible to make your life a suceess story. Also check related Polity articles in the table below: Election Laws in India Kothari commission Vice president of india National Human Rights Commission Central Information Commission NITI Aayog Directive Principles of State Policy FAQs Q.1 What are Directive Principles of State Policy in the Constitution? Ans.1 The Directive Principles Of State Policy or the DPSP under the Indian Constitution are said to be the non- justiciable part of the Constitution. This suggests that a person or citizens cannot enforce them in the Court. Q.2 What are the 15 directive principles in India? Ans.2 Directive Principles of state policies are classified under the following categories: these are the economic and socialistic, the political and administrative, the justice and legal,the environmental, the protection of monuments, the peace and security. Q.3 What are the objectives of Directive Principles of State Policy? Ans.3 The main objective of the DPSPs is to better the economic and the social conditions of society so people or the citizens can live a good life. The knowledge of DPSPs usually helps a citizen to keep a check on the government. A citizen can use the DPSPs as a measure of the performance of the government and can identify the scope where it lacks and where itis fulfilled. Q.4 What are the three types of directive principles? Ans.4 The Indian Constitution does not formally classify the DSDP or the Directive Principles of State Policy. But wwe can say that for better understanding and on the basis of content and direction they can be classified into three categories: that is the Socialistic Principles, the Gandhian Principles, and the Liberal-Intellectual Principles. Q.5 How many times has Directive Principles of State Policy been amended? Ans.5 The Constitutional amendments whieh were made in DPSPs are the (42nd, 44th, 86th and 97th) 38, 39, aoA 494 AQA 4c and 49OR were added later.testbook Supercoaching CRACK UPSC CSE with 20+ Super Teachers tee Enroll Now Pas The Complete Exam Preparation alt) Bret