If you are searching the notes of the Indian Political subject, then in this post, we are providing the classroom notes of the Directive Principles of State Policy, which will be very useful for the civil service examination as well as other competitive examinations. If you are sitting at home and preparing for the second exam through notes, then you should read continuously with the notes being provided by us.
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Directive Principles of State Policy
● The Directive Principles of State Policy have been mentioned in Part–4 and Article–36 to 51 of the Constitution.
● In fact, the Directive Principles have been described in Article–38 to 51. Article 36 lays down the definition of a state. Article 37 describes the importance and nature of the Directive Principle.
● They cannot be enforced by the court.
● In the Indian Constitution, the concept of Directive Principle of State Policy has been adopted from Ireland.
⇒ Key statements about Directive Principles of Policy –
● Naseeruddin– “The promises of the first day of the new year which are forgotten on the second day”.
● Grenville Austin– “The Directive Principle of Policy is the soul of the state.”
● K T Shah– “Directive principle of policy is like a check the payment of which has been left at the will of the bank.”
● Dr. B R Ambedkar– “Unique feature of the Constitution”
● T T Krishnamachari– “The Directive Principle of Policy is a temporary waste container of the needs and aspirations of the State.”
● KC Wheeler– “The Directive Principle of Policy is a Manifesto of Feelings and Objectives”.
Goals of Directive Principles of Policy
● The main objective of their establishment was to establish a welfare state in India.
● They actually establish social and economic democracy in the country.
Paragraphs relating to Directive Principles of Policy
| Article | Subject Matter | |||
| 36 | Definition of state | |||
| 37 | Applying the principles contained in this part | |||
| 38 | Promoting social order by the state for the welfare of the people. | |||
| 39 | Some policy principles to be followed by the state | |||
| 39A | Equal Justice and Free Legal Aid | |||
| 40 | Organization of Gram Panchayats | |||
| 41 | Right to work, right to education and public assistance in certain cases | |||
| 42 | Provision for just and humane working conditions and maternity assistance. | |||
| 43 | subsistence salary etc. to the employees. | |||
| 43A | Participation of employees in the management of industries | |||
| 43B | Promotion of Co–operative Societies | |||
| 44 | Uniform Civil Code for Citizens | |||
| 45 | Antenatal care and education of children below 6 years of age | |||
| 46 | To promote the educational and economic interests of Scheduled Castes, Scheduled Tribes and weaker sections | |||
| 47 | The duty of the government to raise the level of nutrition, improve the standard of living and improve the condition of public health. | |||
| 48 | Organization of Agriculture and Animal Husbandry | |||
| 48A | Environment protection and promotion and protection of forests and wildlife | |||
| 49 | Protection of monuments and places and objects of national importance | |||
| 50 | Separation of the judiciary from the executive | |||
| 51 | Promotion of international peace and security | |||
| Directive Principles of Policy Added Later | ||||
| Sr.No | Constitution Amendment Act | Added Directive Principles | ||
| 1. | 42nd Amendment act –1976 | 1. Article–39(a) was added in which provision was made for equal justice and free legal aid.2. Article–39(f) was added in which a provision was added to protect children from exploitation and to secure opportunities for healthy development.3. Article 43 (a) was added, through which the participation of workers in the management of industries was ensured.4. Article 48 (a) was added, which included the duty to protect and improve the environment and protect the forest and wild life. | ||
12 Schedules of Indian Constitution | भारतीय संविधान की 12 अनुसूचियाँ
The Major Awards of India | भारत के प्रमुख पुरस्कार
Difference between Fundamental Rights and Directive Principles of Policy
| Fundamental Right | Directive Principle |
| These are taken from the Constitution of the United States of America. | These are taken from the Constitution of Ireland. |
| These are described in Part 3 of the Indian Constitution. | These are described in Part 4 of the Indian Constitution. |
| These are enforceable by court. Hence they are litigious. | These are enforceable by court. Hence these are not litigious. |
| These are for the rights of the individual. | These are for the betterment of the society. |
| There is a legal belief behind the Fundamental Rights. | There is a political belief behind the Directive Principles of Policy. |
| They reduce the importance of government. | They increase the duties of the government. |
| These rights are automatically acquired by the citizens. | These rights are available to the citizens only after implementation by the state government. |
| Their implementation is mainly dependent on the awareness and awareness of the person. | The Directive Principles of Policy are implemented by the state. |
| Reasonable restrictions can be imposed on Fundamental Rights. | The Directive Principles of Policy are free from such restrictions. |
| Fundamental rights can be suspended in emergency. (exception–paragraphs 20 and 21) | Directive principles remain in place in both normal and emergency situations. |
1. State of Madras Vs Champakam Dorairajan (1951), the Supreme Court ruled that Fundamental Rights would be given priority over Directive Principles.
● The court said that the Directive Principles of State Policy will be in line with the Fundamental Rights and in the form of Subsidiary.
2. Golaknath vs State of Punjab (1967), the Court held that the Fundamental Rights cannot be amended to implement the Directive Principles. Fundamental rights are unmodifiable.
3. In Kesavananda Bharati vs State of Kerala, the Supreme Court struck down the above second provision (ii amendment) as void and unconstitutional.
4. In the case of Minerva Mills vs Union of India (1980), the Supreme Court declared the above extension given by the 42nd Constitutional Amendment to be unconstitutional and void.
● The Court also held that, “It is not necessary to abrogate the Fundamental Rights to implement the Directive Principles, both are complementary to each other. In fact, Directive Principles are the goals which we have to achieve and Fundamental Rights are the means through which those goals should be achieved. The mean balance of Parts 3 and 4 is the cornerstone of the Constitution.”
5. Thus now the policy of Fundamental Rights are given preference over Directive Principles but two [Articles 39(b) and 39(c)] Directive Principles have priority over Fundamental Rights.
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