Directive Principles of State Policy B.ed Notes

DIRECTIVE PRINCIPLES OF STATE POLICY

In the Indian constitution, the directive principles of state policy have been obtained from Ireland and this means that both the central and the state governments have been directed by the constitution to take into account the directive principles of the constitution in the matter of making anything about the people or making any law.

Any work should be done within them and they may be mentioned in the Indian constitution in the section 36 to section 51 and part 4.

When the constitution was being drafted, B. N. Roy advisory to the constituent assembly. Rao advised the constituent assembly to have two types of fundamental rights in the constitution.

The first type of fundamental rights are those which can be immediately enforced and are regarded as convertible in the court and the other types of fundamental rights which can be gradually enforced by the government.

B.N. Rao 's views were accepted but the fundamental rights which were coming under the convertible ideologies of the court were called fundamental rights and those which were not covered by the convertible ideologies of the court were called directive principles of state policy.

The directive principles of state policy refers to the kinds of facilities which the government should offer to the public, what the government should do, the same relevant provisions have been described in the Indian constitution as the directive principles of state policy.

As per the directive principles of state policy of government, as of fundamental rights, we cannot challenge the government in the courts.

Objectives of the directive principle of state policy

 1.  The objective of the establishment of a public welfare state is to take into account the greatest interests of the people, to make an effort to provide facilities to them in different parts of their lives.

 2.  To establish economic and social democracy.

Importance of directive principle of state policy 

 1.  To guide the government towards its duties.

 2.  To give basis to the public to evaluate the works of the government and to obtain information.

Section 36 to 51, which is the directive principles of state policy, those articles have been combined with three ideologies, these three streams are as follows:

1. Gandhism

2. Socialist

3. Liberalist

We will now read the paragraphs describing the directive principles of state policy, which are as follows:

 Section 36

 The definition of state describes the directive principles of state policy as to what they are.

 Section 37

 It states that these directive principles are not convertible into courts of law.

 Section 38

 To establish social, economic, and political justice, it lays the obligation of the government to establish social, economic, and political justice.

Section 39

 Proper distribution of resources means that there should be no concentration of resources and proper distribution of resources in all the people, it should not be that a single person should have all the resources and that the rest are not resources.

Normal pay for normal work means normal pay for normal work in men and women.

Section 39 (a) 

 This provision was added to the constitution by forty - second amendment 1976 to provide justice on the basis of common opportunity.

Section 40

 A provision has been made in connection with the establishment of panchayats at the village level.

Section 41

 It states that in certain cases like disease, poverty, old age, etc. one has the right to be employed.

Section 42

 It states that where the person works there should be just work there and there should be human conditions, good conditions should be there, circumstances should be such that the person can work there.

Section 43

 Subsistence wage means that a person should get the same wage to cut off his or her life, and if the government does not work or work, then the government should increase the number of cottage industries (home industry).

Section 44

 A uniform civil code means that the responsibility of the government is that of social law, i. e. criminal law, which is one for all religions, and that the laws dealing with domestic matters like marriage, talaq, etc., are different according to religions, the responsibility for equality of all laws is given to the government.

 Section 45

 Provide education to the government to children under 6 years of age.

 Section 46

 The government should make some special provisions or arrangements in respect of the scheduled castes, scheduled tribes in respect of their education, economic interests, social justice.

Section 47

 The government has been given the duty of prohibition, which means that the government has the duty to ban narcotics like alcohol, etc., and that the government will make arrangements for nutrition and health care.

 Section 48

 It provides provisions relating to agriculture, animal husbandry and milch animals like cow, buffalo, etc and is entrusted with the responsibility of supplementing them to the government.

Section 48 (a) 

 This provision was incorporated in the constitution by 42nd constitutional amendment 1976 to provide for environmental protection, promote environment and activities like plantations.

Section 49

 The government is entrusted with the responsibility of protecting monuments, sites of national importance like qutub minar, red fort, etc.

Section 50

 The separation of the executive and the judiciary must act differently.

Section 51

 Enhance international security, promote international peace, enhance security.

The potential conflict between the rights of the individual and therefore the needs of the community was sought-after to be resolved-hence Directive Principles of State Policy.

It shall be the duty of the State to use these principles in creating laws.

Directive Principles : Directive Principles of State Policy embrace the subsequent provisions with reference to education:

(i) Provision for complimentary and mandatory Education for Children':

The State shall endeavour to supply inside a amount of 10 years from the commencement of die constitution, for complimentary and mandatory education for all youngsters till they complete the age of fourteen years (Art. 45).

(ii) Provision of instructional and Economic Interest of regular Castes':

 

The State shall promote with special care the academic and economic interest of the weaker sections of the individuals and, above all of the Scheduled Caste and die scheduled Tribes and shall shield them from social injustice and every one kinds of exploitation (Art. 46).

(iii) "Right to work, Right to Education and Right to Public encouragement in sure Cases':

The State shall inside the bounds of its economic capability and development create effective provisions for securing the correct to figure, to education and to public help in cases of state, old age, illness and poor shape and in different cases of unmerited wish (Art. 41).

(iv) "Protection of Monuments and Places and Objects of National Importance':

It shall be the duty of the State to shield each monument or places or objects of creative or historic interest, declared by or underneath law created by Parliament, to be of national importance from spoliation, disfigurement, destruction, removal, disposal or export, because the case is also (Article 49).

Under the Constitution, these directive principles area unit elementary within the governance of the country, however they can not be enforced through courts of law (Article 47).

However, the Supreme Court has taken the directive principles in a very liberal manner and even enforced a number of them underneath applicable things.

The Directive Principles were to be treated as positive mandates and half and parcel of the human rights provisions of the constitution.

 

The directive principles weren't enforceable by the courts.

Justice K. S. Hegde : "The purpose of the basic rights is to make associate impartial society, to free all voters from harassment or restriction by society and to create freedom accessible for all.

The aim of the Directive Principles is to mend sure social and economic goals for immediate attainment by delivery a couple of non-violent social revolution.

Through such a social revolution, the constitution seeks to fulfil the essential wants of the common person and to vary the structure of our society.

It aims at creating the Indian plenty free within the positive sense.

All men and girls have the correct to associate adequate suggests that of support. The correct to figure, education and public help within the event of state, old age, sickness, etc.

It is the duty of the State to boost the extent of nutrition and therefore the normal of living improve public health and promote international peace and security.

The constitution (42 amendment) Act, 1976 else sure new directives:

 

(i) The kids are given opportunities and facilities to develop during a healthy manner and in conditions of Liberty and dignity.

(ii) That the operation of the system promotes justice, on a basis of civil rights, and above all the State provides free legal aid in cases of economic or different incapacity.

(iii) That the participation of the staff in management of industries is secured.

(iv) That the setting is protected and improved and therefore the forests and wild life area unit safeguarded.

• The Fundamental Rights and therefore the Directive Principles complement and supplement one another.
• Freedom of trade doesn't mean freedom to take advantage of.
• No people shall be discriminated against within the use of public places like outlets, wells, roads, farm homes, etc. on account of his faith, race, caste, sex or place of birth.
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• The whole effort is to make sure that the basic Rights of the voters don't degenerate into the liberties of the few against the interests of the various.