DIRECTIVE PRINCIPLES

PAWAN KUMAR JOSHI ROLL NO- 24 MBA- 1st

DIRECTIVE PRINCIPLES
Dr. Ambedkar observed: The Directive Principles are like the instuments of instructions which were issued to the GovernorGeneral and the Governors of colonies, and to those of India by the British Government under the 1935 Government of India Act. What is called Directive Principles is merely another name for the instruments of instructions to the legislature and executive. Whoever captures power will not be free to do what he likes with it. In the exercise of it, he will have to respect these Instruments of Instructions which are called Directive Principles. He cannot ignore them. Pylee observed: The Directive Principles enshrine the fundamentals for the realisation of which the State in India stands. They guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims: Justice-social, economic and political, liberty, equality and fraternity.

CLASSIFICATION
1. Provisions dealing with Welfare (Art. 38, 42, 45, 47). 2. Provisions dealing with Social Justice (Art. 39, 41, 43, 46). 3. Provisions promoting Democracy (Art. 40, 44, 45). 4. Miscellaneous Provisions (Art. 48, 49, 50, 51).

ARTICLE 38
1. Lays down that the State shall promote the welfare of the people by securing a social order in which justice- social, economic and politicalshall inform all the institutions of national life. Justice and welfare are the twin objectives of our Constitution. 2. Lays down that the state shall strive to minimize the inequalities in income, and eliminate inequalities in status, facilities and opportunities, not only among individuals but among groups of people.

ARTICLE 39
Emphasizes that the State shall direct its policy towards securing: (a) adequate means of livelihood to all citizens; (b) a proper distribution of concentrated material resources of the community to the common good; (c) the prevention of concentration of wealth to the common detriment; (d) equal pay for equal work for both men and women; (e) the protection of the strength and health of workers and avoiding circumstances which force the citizens to enter avocations unsuited to their age or strength; and (f) the protection of childhood and youth against exploitation.

ARTICLE 41
Lays down that the State shall, within the limits of its economic capacity and development, make provisions for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.

ARTICLE 42
States that the State shall make provision for securing just and humane conditions of work and for maternity relief.

ARTICLE 43
Emphasizes the necessity of an adequate or living wage in all sectors of economic activity. It enjoins that healthy conditions of work should be provided and a decent standard of living should be guaranteed. Also stresses the right to leisure for all working people. 43(A) states that the State shall take steps to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.

ARTICLE 46
The state shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.

ARTICLE 48(A)
The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

FUNDAMENTAL RIGHTS Vs DIRECTIVE PRINCIPLES

Fundamental Rights are justiciable but Directive Principles are non-justiciable. The Directive Principles are subsidiary to the Fundamental Rights. FR are negative in character whereas DP are positive in character.

TIME TO CHANGE
Constituent assembly was dominated by lawyers, men of affluence and education. We should recognize that the Indian Constitution is not helping the country to attain the goals it was meant to achieve. It is no use saying that the Constitution is perfect but it is the men who have failed.- Indian Express, Feb. 15, 1987. The founding fathers failed to visualize the society and polity that would emerge in the decades to follow. The constitution of the early years cannot be relevant for 21st century. Capitalism instead of socialism is prevalent.

REQUIRED CHANGES
Should give clear directions to the polity and the economy. Change the preamble. Remove the DP. Restore the right to property(Art. 31).

REFERENCES
http://india.gov.in/govt/constitution_of _india Essentials of Business Environment- K. Aswathappa Business environment- Francis Cherunilam

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