Está en la página 1de 37

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
Cont…..
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.
Contd……
• 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
Cont…..
 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
Cont...
• 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.
Cont…..
 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
Cont….
– 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”.
Cont….
• 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.
Cont….
• 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.
Cont….
• 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”.
Cont….
• 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.
Cont….
• 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.
Cont….
• 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.
Cont….
• 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 Non-
Justiciable.
– 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