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DPSP PART -4 ARTICLE 36-51
u ‘DPSP‘ denotes the ideals that the State should keep in mind while fomulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
u Idea taken from the Irish Constitution (which borrowed from the Spanish constitution)
u Resemble the Instrument of Instructions of the GOI Act 1935.
u BR Ambedkar : “Novel feature” of our constitution.
u The DPSP along with FRs contain the philosophy of the Constitution and is the soul of the Constitution.
u DPSP seeks to Establish – ‘Welfare State’
u Sir BN Rao: Constitutional Advisor to the Constituent Assembly – Recommended two categories for individual rights
Ø Justiciable and non- Justiciable.
Ø Justiciable: FR.
Ø Non- Justiciable: DPSPs.
u Granville Austin – DPSP and FRs as the ‘Conscience of the Constitution’.
u K.T. Shah – ‘pious superfuities’ and compared them with ‘a cheque on a bank, payable only when the resources of the bank permit.
u Nasiruddin – New year’s resolutions.
u Sir Ivor Jennings – ‘pious aspirations’.
Art 36 – Defintion of ‘ State’ same Article 12.
Art 37 – Non- Justiciable but fundamentalism in Governance.
SOCIALIST
38 – Promote the welfare of the people by securing a social order permeated by justice – social, economic and political
u Minimise inequalities in income, status, facilities and opportunities. 44th CAA,1978.
39 –
1. Right to adequate means of livelihood.
2. Equitable distribution of resources.
3. Prevention of Concentration of wealth.
4. Equal pay for equal work for men and women – Randher Singh Case.
5. preservation of health and strength of workers and children against forcible abuse.
6. opportunities for healthy development of children and protection of childhood and youth against exploitation. 42nd CAA 1976
39(A) – Promote equal Justice and to provide free legal aid to the poor‘ 42nd CAA 1976.
41 – secure the right to work, to education & to public assistance in cases of unemployment, old age, sickness & Disablement.
42 – Provision for just and humane conditions of work and maternity relief.
43 – Secure a living wage, a decent standard of life and social and cultural opportunities for all workers
43A – participation of workers in the management of industries. 42nd CAA,1976.
47 – Raise the level of nutrition and standard of living of people and to improve public health.
GANDHIAN
40 – organise village panchayats
It becomes part of Constitution by the proposal of K. Santhanam.
43 – To promote cottage industries on an individual or co-operation basis in rural areas
43B – Management of co-operative societies. 97nd CAA 2011.
46 – Promote the educational and economic interests of SCs, STs, and other weaker sections. and protect them from social injustice and exploitation.
47 – Prohibition of intoxicating drinks and drugs
48 – Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
LIBERAL & INTELLETUAL
44 – Uniform civil Code
45 -Early childhood care and education until they complete the age of six years. [Earlier it was {6-14}, amended by 86th CAA,2002]
48 – organise agriculture & animal husbandry on modern lines
48A – Improve the environment and to safeguard forests & wildlife. 42nd CAA,1976.
49 – Protect monuments, places and objects of historic interest.
50 – Separate Judiciary from executive.
51 – Promote international peace and security
u Champakam Dorairajan case (1951) :SC said – Conflict between the FRs and DPSP, the former would prevail & held that the FRs could be amended by the Parliament.
u Golaknath case ( 1967) : SC said – Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In other words, the Court held that the FRs cannot be amended for the implementation of the Directive Principles.
Parliament Reaction – 24th CAA 1971 = Parliament can amend FRs
– 25th CAA 1971 = Added Article31C
Article 31 C – 2 Provisions :
1. No law which seeks to implement Article 39 (b) and (C) shall be void on the ground of contravention with Art 14,19 &31
2. No such law can be questioned in any Court.
u Kesavanamla Bharati case ( 1973 ), the SC declared the above First provision was constitutional and valid. And 2nd provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution.
u Minerva Mills case ( 1980) : DPSP made subordinate to FRS. But the FRs conferred by Article 14 &19 were accepted as subordinate to DPSP. SC also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.
u Directives Out side Part -4
üClaims of SCs and STs to Services: Artic1e 335 in Part XVI
üInstruction in mother tongue: Artic1e 350-A in Part XVII
üDevelopment of the Hindi Language: Article 351 in Part XVII