➢ Understand state directive principles and fundamental duties.
- 1. Module-2 DIRECTIVE PRINCIPLES OF STATE POLICY 1
- 2. LEARNING OUTCOME Understand state directive principles and fundamental duties. 2
- 3. INDEX Directive principles of state policies Difference between Fundamental Rights and Directive Principles of State Policy Fundamental Duties 3
- 4. Directive Principles of State Policy Guidelines for the framing of laws by the government Part IV, Articles 36-51 of the Indian constitution constitutes the Directive Principles of State Policy which contain the broad directives or guidelines to be followed by the State while establishing policies and laws. They are not made legally enforceable 4
- 5. History The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of the Constitution of India were influenced by the Irish nationalist movement. The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign policy, and legal and administrative matters. 5
- 6. Characteristics DPSPs aim to- create social and economic conditions under which the citizens can lead a good life. establish social and economic democracy through a welfare state. They act as a, yardstick in the hands of the people to measure the performance of the government. The Directive Principles are non-justiciable rights of the people. The Directive Principles, though not justiciable, are fundamental in the governance of the country. 6
- 7. Classification of Directives Socialistic Directives Gandhian Directives Liberal Intellectual Directives 7
- 8. Socialistic Directives: These principles contemplate the ideology of socialism and lay down the framework of a democratic socialist state. The concept envisages providing social and economic justice, so that state should achieve the optimum norms of welfare state. They direct the state through- Article 38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47. 8
- 9. Gandhian Directives: • These principles reflect the programme of reconstruction enunciated by Gandhi during the national movement. • In order to fulfil the dreams of Gandhi, some of his ideas were included in DPSP • They direct the state through- Article 40, Article 43, Article 43 B, Article 46, Article 47 and Article 48. 9
- 10. Liberal Intellectual Directives • These principles inclined towards the ideology of liberalism • They direct the state through- Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50 and Article 51. 10
- 11. Scope of the Directive • Duty of the state to follow principles both in the matter of administration and making of laws. • Aims at the establishment of the economic and social democracy which is pledged for in the preamble 11
- 12. Directives Article 36:- Definition of state: “The State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Article 37:- Application of the principles. 12
- 13. Directives Article 38:- State to secure a social order for the promotion of welfare of the people. Article 39:- Certain principles of policy to be followed by the State. equal rights to men and women. ownership of resources. equal pay for equal work. protection of children 13
- 14. Directives Article 39 A:- Equal justice and free legal aid. - to citizens having economic or other disabilities. Article 40:- Organization of village panchayats. Article 41: Right-to work, to education and to public assistance in certain cases. 14
- 15. Directives Article 42:- •Provision for just and humane conditions of work and maternity relief . Article 43:- •Living wage, good working conditions etc. , for workers . Article 43 A:- •Participation of workers in management of industries. 15
- 16. Directives Article 44:- Uniform civil code for the citizens. Article 45:- Provision for free and compulsory education for children. Article 46:- Promotion of educational and economic interests of Scheduled castes , Scheduled Tribes and other weaker sections. 16
- 17. Directives Article 47:- Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Article 48:- Organization of agriculture and animal husbandry. Article 48 A:- Protection and improvement of environment and safeguarding of forests and wildlife. 17
- 18. Directives Article 49:- Protect ion of monuments and places and objects of national importance. Article 50:- Separation of judiciary from executive. Article 51:- Promotion of international peace and security. 18
- 19. Implementation of DPSPs through… • Land Reform Acts. • Banking policy. • Fixation minimum wages for employees engaged in various employments. • Welfare schemes for the weaker sections. • Nuclear disarmament. 19
- 20. Implementation of DPSPs through… • Panchayati Raj. • The Equal Remuneration Act of 1976. • Consumer Protection Act of 1986. • The 86th constitutional amendment of 2002 inserted a new article, Article 21-A. 20
- 21. Amendments to DPSPs • An amendment requires the approval of two-thirds of the members present and voting. Major amendments Article 31-C, inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs. Article 48-A, which ensures Protection and improvement of environment and safeguarding of forests and wild life, was added by the 42nd Amendment Act, 1976. 21
- 22. Major amendments Article 45, which ensures Provision for free and compulsory education for children, was added by the 86th Amendment Act, 2002. 22
- 23. Fundamental Duties • Fundamental Duties were incorporated in the Indian Constitution by the 42nd amendment. • There are 11 Fundamental Duties for Indian Citizens drafted on the lines of moral, ethical and culture code of conduct followed by people. • The duties are educative in nature and direct the citizens to behave in a virtuous and honourable manner. 23
- 24. List of Fundamental Duties Abide by the Constitution and respect national flag & National Anthem Follow ideals of the freedom struggle Protect sovereignty & integrity of India Defend the country and render national services when called upon Sprit of common brotherhood Preserve composite culture 24
- 25. List of Fundamental Duties Preserve natural environment Develop scientific temper Safeguard public property Strive for excellence Duty fo all parents/guardians to send their children in the age group of 6-14 years to school. 25
- 26. Difference between Fundamental Rights and Fundamental Duties • Fundamental rights can be defined as privileges granted to each individual of the country to enjoy • Fundamental Duties are the moral responsibilities which one needs to carry out in order to respect the rights of another individual and perform social obligations 26
- 27. Difference between Fundamental Rights and Fundamental Duties Fundamental Rights Fundamental Duties Fundamental Rights are the freedoms guaranteed by the constitution which can’t be taken away from a citizen. Fundamental Duties are the legal responsibilities bestowed upon the citizens to perform. Fundamental Rights are considered to be the normative rules of liberty and freedom for every citizen in order to achieve a harmonious and a free lifestyle Fundamental Duties are the moral responsibilities of all the citizens that need to be performed by them in order to achieve prosperity and uphold the unity of the nation. Fundamental Rights are universally available to all citizens regardless of their race, caste, religion, sex or place of birth and are justiciable in nature, i.e. they can be taken to the court of law. Fundamental Duties are non- justiciable and hence can’t be taken to the court of law. 27
- 28. Difference between FundamentalRights and Directive Principles of State Policy(DPSP) Fundamental Rights Directive Principles of State Policy Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deals with Fundamental Rights. Directive Principles are written in Part 4 of the Constitution of India. They are given in Articles 36-51 of the Constitution of India. The basic rights that are guaranteed to Indian citizens by the Constitution of India are known as Fundamental Rights Directive Principles of Indian constitution are the guidelines to be followed by the Government while framing policies. Political Democracy is established in India with the help of Fundamental Rights given in the Constitution of India. Economic and Social Democracy is established with the help of Directive Principles of State Policy Welfare of each and every citizen is promoted through the Fundamental Rights Welfare of the entire community is fostered with the help of Directive Principles. As per the law, violation of Fundamental Rights is punishable. Violation of Directive Principles is not a punishable crime unlike violation of Fundamental Rights 28
- 29. Difference between FundamentalRights and Directive Principles of State Policy(DPSP) Fundamental Rights are justiciable as they can be enforced legally by the courts if there is a violation. Directive Principles are not justiciable as they cannot be enforced by the courts if there is a violation. If there is a law which is in violation of fundamental rights then the courts can declare it as invalid and unconstitutional. If there is a law in violation of Directive Principles, then the courts do not have the power to declare it as invalid and unconstitutional. Fundamental Rights are sometimes considered as a kind of restrictions imposed on the State. Directive Principles are directions for the Government in helping it to achieve some particular objectives. Fundamental rights can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended. Directive Principles of State Policy can never be suspended under any circumstances. Fundamental Rights was borrowed from the Constitution of United States of America Directive Principles of State Policy was borrowed from the Constitution of Ireland which was in turn copied from the Constitution of Spain. 29