Directive principles of state

Socialist Principles

• Article 38 – The state shall strive to promote social order by ensuring social, economic and political justice and eradicating the inequalities in income, status, facilities and opportunities.
• Article 39 – The state shall direct policy towards securing:
  • Adequate means of livelihood to all the citizens equally.
  • Distribution of ownership and control of material resources for common good.
  • No concentration of wealth
  • Equal pay for equal work
  • Protection of health and strength of worker
  • Development of children in healthy manner and avoid exploitation of the children

  Gandhian Principles

  • Article 40 – The state shall endeavor to take steps to organize villagepanchayat as units of Local Self Government.
  • Article 43 – The state shall strive to promote the cottage industry on an individual and cooperative basis.
  • Article 43B - To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
  • Article 46 - The State shall promote the educational and economic interestsof theweaker sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.
  • Article 47 - The State shall opt measures improve public health and prohibitconsumption of intoxicating drinks and drugs that are injurious to health.
  • Article 48 – The state shall restrict the slaughter of cows, calves, and other milch and draught cattle and improve their breeds.

  Liberal and Intellectual Principle

  • Article 44 - The state shall strive to establish for the citizens a Uniform Civil Code throughout the territory of India.
  • Article 45 - The state shall endeavor to provide early childhood care and education for all children until they reach the age of six years.
  • Article 48 - The state shall endeavor to organize agriculture and animal husbandry on modern and scientific lines.
  • Article 48A - The state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
  • Article 49 - The State shall protect every monument or place of artistic or historic interest.
  • Article 50 - The State shall take steps to separate judiciary from the executive in the public services of the State.
  • Article 51 - It declares that to establish international peace and security the State shall endeavor to:
    1. Maintain just and honorable relations with the nations.
    2. Foster respect for international law and treaty obligations.
    3. Encourage settlement of international disputes by arbitration.

  Amendments to the Directive Principles of State Policy

  • Several new articles have been added to guide the state for good governance.
  • The amendments and incorporated articles are mentioned below:
  • • Article 39: To secure opportunities for healthy development of children
    • Article 39A: To provide free legal aid to the poor.
    • Article 43A: To take steps to ensure participation of workers in management of Industries.
    • Article 48A: To protect and improve the environment.

    44 th Amendment Act,1978

    • • Article 38: to minimize inequalities in income, status, facilities and opportunities.

      86 th Amendment Act, 2002

      • • The substance of Article 45 was changed and Article 21A included the right to elementary education as a fundamental right.

        97 th Amendment Act, 2011

        • • The concept of cooperative societies was added under Article 43B .

          Landmark Case laws

          The court of law interpreted the nature in the following judgments:

          • Champakam Dorairajan v. the State of Madras (1951) - The Supreme Court stated that the DPSP are subsidiary to Fundamental Rights and in case of a conflict Fundamental Rights will prevail.
          • Golaknath v. the State of Punjab (1967) - The Supreme Court held that Fundamental Rights cannot be amended by any act of parliament even for the implementation of DPSP.
          • Kesavananda Bharati v the State of Kerala (1973) - Provision of article31C, which provided immunity to laws giving effect to DPSP was declared nulland void.
          • Unni Krishnan v. State of A.P. (1993) - Fundamental Rights and DPSP aresupplementary and complementary to each other.

          Criticism of Directive Principles of State Policy

          • Non-justiciable nature
          • Illogically Arranged
          • Conflicting in nature
          • Might lead to vagueness
          • Orthodoxy

          Conclusion

          • The significance of DPSPs cannot be looked down upon just because it is not enforceable in any court of law.
          • These principles were added to facilitate the governance and smooth functioning of the country.
          • It was added to meet the main objectives and the goal of a country, i.e., to work for the welfare of its citizens.