Misplaced Pages

Directive Principles: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editContent deleted Content addedVisualWikitext
Revision as of 12:42, 27 January 2011 edit123.201.77.44 (talk)No edit summary← Previous edit Latest revision as of 06:07, 17 January 2025 edit undo14.139.51.178 (talk) Citation nameTag: Visual edit 
(359 intermediate revisions by more than 100 users not shown)
Line 1: Line 1:
{{Short description|Governing principles of government divisions in India}}
{{Use dmy dates|date=June 2016}}
{{Use Indian English|date=April 2019}}
{{Indian Constitution TOC}}
{{Politics of India}} {{Politics of India}}
The '''Directive Principles of State Policy of India''' are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State<ref name=State>The term "State" includes all authorities within the territorial periphery of India: the ], the ], the Government and legislature of the ].


The '''Directive Principles of State Policy''' are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the ], are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State<ref name=State>The term "State" includes all authorities within the territory of India. It includes the ], the ], the Government and legislature of the ]. It also includes all local or other authorities such as Municipal Corporations, Municipal Boards, District Boards, ]s etc. To avoid confusion with the term ], State (encompassing all the authorities in India) has been capitalized and the term ] is in lowercase.</ref> to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the ] and also by the principles of ]; and relate to ], ], ], and legal and administrative matters. To avoid confusion with the term ], State (encompassing all the authorities in India) has been capitalized, and the term ] is in lower case.</ref> to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the ] which are related to ]''', ], ]''', and legal and administrative matters.


Directive Principles are classified under the following categories: ], economic and socialistic, political and administrative, justice and legal, environmental, protection of monuments and peace and security.<ref>].</ref> Directive Principles are classified under the following categories: Economic and Socialistic, Political and Administrative, Justice and Legal, Environmental, Protection of Monuments, Peace and Security.


The ], particularly the ]; hence, the Directive Principles of the Indian constitution have been greatly influenced by the ].<ref>Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-39</ref> The idea of such policies "can be traced to the ] proclaimed by ] and the Declaration of Independence by the American Colonies."<ref name="MVPylee">{{cite book
== History ==
| last = Pylee | first = M.V. | year = 1999

| title = India's Constitution
{{see also|Indian independence movement}}
| publisher = S. Chand and Company | location = New Delhi

The concept of Directive Principles of State Policy was borrowed from the ]. The makers of the ] were influenced by the ]. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the ].<ref>Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-39</ref> The idea of such policies "can be traced to the ] proclaimed ] and the Declaration of Independence by the American Colonies."<ref name="MVPylee">{{cite book
| last = Pylee
| first = M.V.
| year = 1999
| title = India’s Constitution
| publisher = S. Chand and Company
| location = New Delhi
| isbn = 81-219-1907-X | isbn = 81-219-1907-X
}}</ref> }}</ref>
The Indian constitution was also influenced by the ] ]. The Indian constitution was also influenced by the ] ].
In 1919, the ] gave extensive powers to the British government and police, and allowed indefinite arrest and detention of individuals, warrant-less searches and seizures, restrictions on public gatherings, and intensive censorship of media and publications. The public opposition to this act eventually led to ] throughout the country demanding guaranteed civil freedoms, and limitations on government power. Indians, who were seeking independence and their own government, were particularly influenced by the independence of Ireland and the development of the Irish constitution. Also, the directive principles of state policy in Irish constitution were looked upon by the people of India as an inspiration for the independent India's government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.


Indians, who were seeking independence from British rule and their own government, were particularly influenced by the independence of Ireland from British rule and the development of the Irish constitution. Also, the Directive Principles of State Policy in the Irish Constitution were looked upon by the people of India as an inspiration for the independent Indian Government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.
In 1928, the ] composing of representatives of Indian political parties proposed constitutional reforms for India that apart from calling for ] status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, the ] (the largest Indian political party of the time) adopted resolutions committing itself to the defense of fundamental civil rights, as well as socio-economic rights such as the ] and the abolition of ] and ].<ref>{{cite book

| last = Gandhi
In 1928, the ] composing of representatives of all Indian political parties, proposed constitutional reforms for India that apart from calling for ] status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, the ] (the largest Indian political party of the time) adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as the ] and the abolition of ] and ],<ref>{{cite book
| first = Rajmohan
| title = Patel: A Life | last = Gandhi | first = Rajmohan
| page = 206 | title = Patel: A Life | page = 206
}}</ref> committing themselves to ] & ].
}}</ref> Committing themselves to ] in 1936, the Congress leaders took examples from the ], which inspired the fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges.

When India obtained Independence on 15 August 1947, the task of developing a constitution for the nation was undertaken by the ], composing of elected representatives under the presidency of ]. While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws.<ref name="constitution">{{cite web
| last = UNI | author-link = United News of India
| url = http://www.rediff.com/freedom/22patel.htm
| title = Sardar Patel was the real architect of the Constitution
| website = ] | access-date = 15 May 2006
}}</ref> Notably, ] became the chairperson of the drafting committee, while ] and ] became chairperson of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the ] ] adopted the ] and called upon all member States to adopt these rights in their respective constitutions.


Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by the ].
When India obtained independence on 15 August 1947, the task of developing a constitution for the nation was undertaken by the ], composing of elected representatives under the presidency of ]. While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws.<ref name="constitution">{{cite web
| last = UNI
| authorlink = United News of India
| url = http://www.rediff.com/freedom/22patel.htm
| title = Sardar Patel was the real architect of the Constitution
| publisher = ]
| accessdate = 2006-05-15
}}</ref> Notably, ] became the chairperson of the drafting committee, while ] and ] became chairpersons of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the ] ] adopted the ] and called upon all member states to adopt these rights in their respective constitutions.


Directive Principles are affirmative directions and are non - justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the application of Directive Principles provided under Article 36 to ].
Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), being prepared by the ].


== Characteristics == == Characteristics ==


DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a ]. They act as a check on the ], theorized as a yardstick in the hands of the people to measure the performance of the government and vote it out of power if it does not fulfill the promises made during the ]. The Directive Principles are non-justiciable ]s of the people. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the Directive Principles.<ref name="25amact">.</ref> If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In case of a conflict between Fundamental Rights and DPSP's, if the DPSP aims at promoting larger interest of the society, the courts shall have to uphold the case in favour of the DPSP.<ref name="art31C">].</ref> The Directive Principles, though not justiciable, are fundamental in the governance of the country. It shall be the duty of the State<ref name=State/> to apply these principles in making laws.<ref>].</ref> Besides, all ] should also be guided by these principles. Even the ] has to keep them in mind in deciding cases.<ref>Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-39 to A-40</ref><ref>Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005), ''Social Science – Part II'', pg. 29</ref> While debating can lead a good life. They also aim to establish social and economic democracy through a ]. Though the Directive Principles are non-justiciable ] of the people but fundamental in the governance of the country, it shall be the duty of the State to apply these principles in making laws per ]. Besides, all ] of union and states should also be guided by these principles.<ref name=State/> Even the ] has to keep them in mind in deciding cases.<ref>Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-39 to A-40</ref><ref>Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005), ''Social Science – Part II'', pg. 29</ref>

An existing policy in line with DPSP can not be reversed, however it can be expanded further in line with DPSP. The policy changes applicable


==Directives== ==Directives==


The directive principles ensure that the State<ref name=State/> shall strive to promote the ] by promoting a social order in which ], ] and political justice is informed in all institutions of life. Also, the State shall work towards reducing ] as well as inequalities in status and opportunities, not only among individuals, but also among groups of people residing in different areas or engaged in different vocations.<ref>].</ref> The State shall aim for securing right to an adequate means of livelihood for all citizens, both men and women as well as ] for both men and women. The State should work to prevent concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. ] and exploitation of workers should be prevented. Children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment.<ref>].</ref> The directive principles ensure that the State<ref name=State/> shall strive to promote the ] by securing a social order in which ], ] and political justice is animated/informed in all institutions of life as per ].<ref name= animated>{{cite web |url=https://indiankanoon.org/doc/682692/ |title=Constituent Assembly of India – Volume VII |date=19 November 1948 |access-date=31 August 2017}}</ref> Dr. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 highlighting its inevitable implementation.

The State shall provide free ] to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities.<ref name="art39A">].</ref> The State shall also work for organisation of village ]s and help enable them to function as units of self-government.<ref>].</ref> The State shall endeavour to provide the ], ] and to public assistance in cases of ], old age, sickness and disablement, within the limits of economic capacity,<ref name="art41">].</ref> as well as provide for just and humane conditions of work and maternity relief.<ref>].</ref>
{{Blockquote|text=''... The word 'strive' which occurs in the Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go.''}}

Also, the State shall strive to minimise the inequalities in income and endeavour to eliminate ] as well as inequalities in status and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations per ]. The State shall aim for securing the right to an adequate means of livelihood for all citizens, both men and women as well as ] for both men and women. The State should work to prevent the concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. ] and ] should be prevented. Children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment per ]. The State shall provide free ] to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities per ]. The State shall also work for the organisation of village ]s and help enable them to function as units of self-government per ]. The State shall endeavour to provide the ], ] and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity per ] as well as provide for just and humane conditions of work and maternity relief per ].

The State should also ensure a living wage and proper ]s for workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion of ] in rural areas is one of the obligations of the State per ] The State shall take steps to promote their participation in the management of industrial undertakings per ].

Also, the State shall endeavour to secure a ] for all citizens per ] and provide early childhood care and education for all children until they complete the age of six years per ]. This directive regarding education of children was updated by the ].<ref name="86amact">.</ref><ref>{{Cite web|url=https://www.india.gov.in/my-government/constitution-india/amendments/constitution-india-eighty-sixth-amendment-act-2002|title=The Constitution (Eighty-sixth Amendment) Act, 2002 {{!}} National Portal of India|website=www.india.gov.in|access-date=2020-02-13}}</ref> It should work for the economic and educational upliftment of ]s, ]s and ] of the society per ].


The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes per ]. It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting the slaughter of ], ], other milch and draught cattle per ].<ref>{{Cite web|url=http://www.servat.unibe.ch/icl/in00000_.html|title=ICL - India - Constitution|website=www.servat.unibe.ch|access-date=2019-07-05}}</ref> It should protect and improve the environment and safeguard the forests and wildlife of the country per ]. This directive, regarding the protection of forests and wildlife, was added by the ].<ref name="42amact"></ref>
The State should also ensure living wage and proper ]s for workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion of ] in rural areas is one of the obligations of the State.<ref>].</ref> The State shall take steps to promote their participation in management of industrial undertakings.<ref>].</ref>


Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage per ] and separation of judiciary from the executive in public services per ] are also the obligations of the State as laid down in the directive principles.
Also, the State shall endeavour to secure a ] for all citizens,<ref>].</ref> and provide free and compulsory education to all children till they attain the age of 14 years.<ref name="art45">].</ref> This directive regarding education of children was added by the ].<ref name="86amact">.</ref> It should and work for the economic and educational upliftment of ]s, ]s and ] of the society.<ref>].</ref>


Finally ] ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.
The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes.<ref>].</ref> It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of ], ], other milch and draught cattle<ref></ref><ref>].</ref> It should protect and improve the environment and safeguard the forests and wild life of the country.<ref name="art48A">].</ref> This directive, regarding protection of forests and wildlife was added by the ].<ref name="42amact"></ref>


The judiciary is not part of the state as defined in Article 36 to claim non-applicability of DPSP (Part IV of the constitution) under Article 37 wherever applicable to it.
Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage,<ref>].</ref> and separation of judiciary from executive in public services<ref name="art50">].</ref> are also the obligations of the State as laid down in the directive principles. Finally, the directive principles, in Article 51 ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.<ref>].</ref>


==Implementation== ==Implementation==
There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per ] as they are already enshrined in the constitution. The State has made few efforts till now to implement the '''Directive Principles'''.


The State has made many efforts to implement the '''Directive Principles'''. The Programme of Universalisation of Elementary Education and the ] has been accorded the highest priority in order to provide free ] to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years.<ref name="86amact"/> Welfare schemes for the weaker sections are being implemented both by the Central and state governments. These include programmes such as boys' and girls' ]s for ]' or ]' students.<ref name="pgA44">Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-44</ref> The year 1990-1991 was declared as the "Year of Social Justice" in the memory of ].<ref>{{cite web The Programme of Universalisation of Elementary Education and the ] has been accorded the highest priority in order to provide free ] to all children up to the age of 14 years. ] of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years.<ref name="86amact"/> Welfare schemes for the weaker sections are being implemented both by the Central and State governments. These include programmes such as boys' and girls' ]s for ]' or ]' students.<ref name="pgA44">Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-44</ref> The year 1990–1991 was declared as the "Year of Social Justice" in the memory of ].<ref>{{cite web
| url = http://ambedkarfoundation.nic.in/html/bharat.htm |url = http://ambedkarfoundation.nic.in/html/bharat.htm
| title = Dr. Bhimrao Ambedkar |title = Dr. Bhimrao Ambedkar
| publisher = |website = ambedkarfoundation.nic.in
|publisher = Dr. Ambedkar Foundation
| accessdate = 2006-06-29
|access-date = 29 June 2006
}}</ref> The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002-2003, a sum of ] 4.77 ] was released for this purpose.<ref name="pgA45">Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-45</ref> In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the ''Prevention of Atrocities Act'' in 1995, which provided severe punishments for such atrocities.<ref>{{cite web
|url-status = dead
| url = http://www.hrw.org/reports/1999/india/India994-18.htm
|archive-url = https://web.archive.org/web/20060505044856/http://ambedkarfoundation.nic.in/html/bharat.htm
|archive-date = 5 May 2006
|df = dmy-all
}}</ref> The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002–2003, a sum of ] 47.7&nbsp;million was released for this purpose.<ref name="pgA45">Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-45</ref> In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the ], which provided severe punishments for such atrocities.<ref>{{cite web
| url = https://www.hrw.org/reports/1999/india/India994-18.htm
| title = ''Prevention of Atrocities Act'', 1995 | title = ''Prevention of Atrocities Act'', 1995
| publisher = | website = hrw.org
| publisher = Human Rights Watch
| accessdate = 2006-06-29
| access-date = 29 June 2006
}}</ref>
}}</ref>


Several Land Reform Acts were enacted to provide ownership rights to poor farmers.<ref></ref> Up to September 2001, more than 20,000,000 acres (80,000&nbsp;km²) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas.<ref>{{cite web Several Land Reform Acts were enacted to provide ownership rights to poor farmers.<ref></ref> Up to September 2001, more than 20,000,000 acres (80,000&nbsp;km<sup>2</sup>) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas.<ref>{{cite web
| url = http://indiabudget.nic.in/es97-98/chap32.pdf | url = http://indiabudget.nic.in/es97-98/chap32.pdf
| title = Banking Policy and Trends | title = Banking Policy and Trends
| website = indiabudget.nic.in
| format = PDF
| publisher = | publisher = Union Budget and Economic Survey
| access-date = 29 June 2006
| accessdate = 2006-06-29
| archive-url = https://web.archive.org/web/20070701042602/http://indiabudget.nic.in/es97-98/chap32.pdf
| archive-date = 1 July 2007
| url-status = dead
}}</ref> The ] of 1948 empowers government to fix minimum wages for employees engaged in various employments.<ref>{{cite web }}</ref> The ] of 1948 empowers government to fix minimum wages for employees engaged in various employments.<ref>{{cite web
| url = http://www.advocatekhoj.com/library/bareacts/minimumwages/index.php?Title=Minimum%20Wages%20Act,%201948 |url = http://www.helplinelaw.com/bareact/index.php?dsp=min-wages
| title = ''Minimum Wages Act'', 1948 |title = ''Minimum Wages Act'', 1948
|website = helplinelaw.com
| publisher =
|access-date = 29 June 2006
| accessdate = 2011-01-07
|url-status = dead
}}</ref> The '']'' provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer.<ref>{{cite web
|archive-url = https://web.archive.org/web/20060615184845/http://helplinelaw.com/bareact/index.php?dsp=min-wages
| url = http://www.advocatekhoj.com/library/bareacts/consumerprotection/index.php?Title=Consumer%20Protection%20Act,%201986
|archive-date = 15 June 2006
| title = ''Consumer Protection Act'', 1986
|df = dmy
| publisher =
}}</ref> The ] provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer.{{Citation needed|date=February 2011}} The ''Equal Remuneration Act'' of 1976, provides for equal pay for equal work for both men and women.<ref>{{cite web
| accessdate = 2007-10-05
|url = http://www.indialawinfo.com/bareacts/equal.html
}}</ref> The ''Equal Remuneration Act'' of 1976, provides for equal pay for equal work for both men and women.<ref>{{cite web
|title = ''Equal Remuneration Act'', 1976
| url = http://www.advocatekhoj.com/library/bareacts/equalremuneration/index.php?Title=Equal%20Remuneration%20Act,%201976
|website = indialawinfo.com
| title = ''Equal Remuneration Act'', 1976
|access-date = 29 June 2006
| publisher =
|url-status = dead
| accessdate = 2011-01-07
|archive-url = https://web.archive.org/web/20060322114700/http://www.indialawinfo.com/bareacts/equal.html
}}</ref> The ''Sampoorna Grameen Rozgar Yojana'' was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the ].<ref>{{cite web
|archive-date = 22 March 2006
|df = dmy-all
}}</ref> The ''Sampoorna Grameen Rozgar Yojana'' was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the ].<ref>{{cite web
| url = http://rural.nic.in/book01-02/ch-2.pdf | url = http://rural.nic.in/book01-02/ch-2.pdf
| title = ''Sampoorna Grameen Rozgar Yojana'', 2001 | title = ''Sampoorna Grameen Rozgar Yojana'', 2001
| format = PDF | website = rural.nic.in
| publisher = | publisher = Ministry of Rural Development, India
| access-date = 29 June 2006
| accessdate = 2006-06-29
| archive-url = https://web.archive.org/web/20070701042602/http://rural.nic.in/book01-02/ch-2.pdf
| archive-date = 1 July 2007
| url-status = dead
}}</ref> }}</ref>


] now covers almost all ].<ref>{{cite web ] now covers almost all ].<ref>{{cite web
| url = http://www.empowerpoor.org/backgrounder.asp?report=164 | url = http://www.empowerpoor.org/backgrounder.asp?report=164
| title = Panchayati Raj in India | title = Panchayati Raj in India
| publisher = | website = empowerpoor.org
| publisher = Poorest Areas Civil Society
| accessdate = 2006-06-29
| access-date = 29 June 2006
| archive-url = https://web.archive.org/web/20070730124131/http://www.empowerpoor.org/backgrounder.asp?report=164
| archive-date = 30 July 2007
| url-status = dead
}}</ref> One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case of ], half the seats have been reserved for women.<ref></ref><ref>{{cite web }}</ref> One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case of ], half the seats have been reserved for women.<ref></ref><ref>{{cite web
| url = http://www.newpaltz.edu/asianstudies/nycas/2004%20UG%20Ryan%20Prize%20Alexandra%20Geertz.pdf |url = http://www.newpaltz.edu/asianstudies/nycas/2004%20UG%20Ryan%20Prize%20Alexandra%20Geertz.pdf
| title = Seat Reservation for Women in Local Panchayats |title = Seat Reservation for Women in Local Panchayats
|pages = 2
| format = PDF
|access-date = 29 June 2006
| pages = 2
|url-status = dead
| accessdate = 2006-06-29
|archive-url = https://web.archive.org/web/20070205213518/http://www.newpaltz.edu/asianstudies/nycas/2004%20UG%20Ryan%20Prize%20Alexandra%20Geertz.pdf
}}</ref> Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer.<ref name="art39A"/> ] has been separated from the executive in all the states and Union territories except ] and ].<ref name="art50"/><ref name="pgA45"/>
|archive-date = 5 February 2007
|df = dmy-all
}}</ref> Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. ] has been separated from the executive in all the states and Union territories except ] and ].<ref name="pgA45"/>


India's Foreign Policy has also to some degree been influenced by the DPSPs. India has in the past condemned all acts of ] and has also supported the ]’ peace-keeping activities. By 2004, the ] had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better cooperation between the ] and the troop-contributing countries.<ref>{{cite web India's Foreign Policy has also to some degree been influenced by the DPSPs. India, in the past has condemned all acts of ] and has also supported the ]' peace-keeping activities. By 2004, the ] had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better co-operation between the ] and the troop-contributing countries.<ref>{{cite web
| url = http://www.un.int/india/india_and_the_un_pkeeping.html |url = http://www.un.int/india/india_and_the_un_pkeeping.html
| title = Indian and United Nations |title = Indian and United Nations
| publisher = |publisher = Permanent Mission of India to the United Nations
|access-date = 29 June 2006
| accessdate = 2006-06-29
|url-status = dead
|archive-url = https://web.archive.org/web/20060504184925/http://www.un.int/india/india_and_the_un_pkeeping.html
|archive-date = 4 May 2006
|df = dmy-all
}}</ref> India has also been in favour of nuclear disarmament.<ref name="pgA45"/> }}</ref> India has also been in favour of nuclear disarmament.<ref name="pgA45"/>

Per ], ] by courts is part of animating judiciary.<ref>{{cite web|title=Rule of law index, 2016|url=http://data.worldjusticeproject.org/|access-date=3 June 2017|archive-date=29 April 2015|archive-url=https://web.archive.org/web/20150429071718/http://data.worldjusticeproject.org/|url-status=dead}}</ref> Rendering prompt justice is the foremost purpose of the constitution as enshrined in the ] also.<ref name= animated/> However the judiciary is failing dismally in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty.<ref>{{cite news|title=What causes judicial delay? Judgements diluting time frames in Code of Civil Procedure worsen the problem of adjournments|newspaper=The Times of India |date=25 August 2016|url=http://blogs.timesofindia.indiatimes.com/toi-edit-page/what-causes-judicial-delay-judgments-diluting-timeframes-in-code-of-civil-procedure-worsen-the-problem-of-adjournments/|access-date=13 September 2017 |last1=Ranjan |first1=Brajesh }}</ref>


== Amendments == == Amendments ==
Changes in Directive Principles require a ] which has to be passed by a special majority of both houses of the ]. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the ] of the house &mdash; whether the ] or ]. Changes in Directive Principles require a ] which has to be passed by a special majority of both houses of the ]. This means that an amendment requires the approval of two-thirds of the members present and voting and by the ] of the house – whether the ] or ].


*'''Article 31-C''', inserted into the Directive Principles of State Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs.<ref name="25amact"/> If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights.<ref name="art31C"/> *'''Article 31-C''', amended by the ] seeking to upgrade the DPSPs. If laws are made to give effect to any of the Directive Principles overriding ], they shall not be invalid on the grounds that they take away the Fundamental Rights. In ] case, ] ruled that 42nd Amendment Act to the Article 31C is not valid and ].
*'''Article 45''', which ensures ''Provision for free and compulsory education for children'',<ref name="art45"/> was added by the ].<ref name="86amact"/> *'''Articles 38 (2)''', was added by the ] of the Constitution
*'''Article 48-A''', which ensures ''Protection and improvement of environment and safeguarding of forests and wild life'',<ref name="art48A"/> was added by the ].<ref name="42amact"/> *'''Articles 39A''', which directs the state to secure ''Equal justice and free legal aid'', was added by the ] of the Constitution
*'''Articles 43A''', which directs the state to secure ''Participation of workers in management of industries'', was added by the ] of the Constitution
*'''Articles 43B''', which directs the state to strive for ''Promotion of co-operative societies'', was added by the Ninety-Seventh Amendment of the Constitution of India<ref>{{Cite web|url=http://pib.nic.in/newsite/erelease.aspx?relid=81715|title=Press Information Bureau|website=pib.nic.in|access-date=2019-07-05}}</ref>
*'''Article 45''', which ensures ''Provision for early childhood care and free education for all children until they complete six years of age'', was added by the ].<ref name="86amact"/><ref>{{Cite web |title=The Gazette of India |url=https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/2002_0.pdf |archive-url=http://web.archive.org/web/20231004021119/https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/2002_0.pdf |archive-date=2023-10-04 |access-date=2025-01-17 |website=www.education.gov.in}}</ref>
*'''Article 48A''', which ensures ''Protection and improvement of environment and safeguarding of forests and wild life'', was added by the ]
*'''Articles 49''', was modified by the ] of the Constitution


== See also == == See also ==
{{wikisource|Constitution of India/Part IV}}
*] *]
*] *]
*]
*] *]
*] *]
*]
*] *]


== Notes == == Notes ==
{{reflist|2}} {{reflist|30em}}


== References == == References ==
{{columns-list|colwidth=30em|
{{col-begin}}
{{col-2}}
<div class="references-small">

* {{Citation * {{Citation
| last = Basu | first = Durga Das | year = 1988
| surname = Basu
| given = Durga Das
| year = 1988
| title = Shorter constitution of India | title = Shorter constitution of India
| place = New Delhi | place = New Delhi | publisher = Prentice Hall of India
}}
| publisher = Prentice Hall of India
}}

* {{Citation * {{Citation
| surname = Basu | last = Basu | first = Durga Das
| given = Durga Das
| year = 1993 | year = 1993
| title = Introduction to the constitution of India | title = Introduction to the constitution of India
| place = New Delhi | place = New Delhi | publisher = Prentice Hall of India
}}
| publisher = Prentice Hall of India
}}

* {{cite web
| url = http://www.worldlii.org/int/cases/ICHRL/1995/69.html
| title = ''Bodhisattwa Gautam vs. Subhra Chakraborty''; 1995 ICHRL 69
| publisher =
| accessdate = 2006-05-25
}} Date of ruling 15 December 1995

* {{cite web
| url = http://en.wikipedia.org/Basic_structure#The_Kesavananda_Case_of_1973
| title = ''Kesavananda Bharati vs. The State of Kerala''; AIR 1973 S.C. 1461, (1973) 4 SCC 225
| publisher = ]
| accessdate = 2006-05-25
}} In this case, famously known as the "Fundamental Rights case", the ] decided that the basic structure of the ] was unamendable.

* {{Citation * {{Citation
| last = Laski | first = kpsc home | author-link = kpsc home
| surname = Laski
| given = Harold Joseph | year = 2019
| title = Directive principle of state policy key notes
| authorlink = Harold Laski
| place = Delhi | publisher = kpsc home
| year = 1930
| title = Liberty in the Modern State
| place = New York and London
| publisher = Harpers and Brothers
}} }}
* '']''; AIR 1978 S.C. 597, (1978).

* ''] v. Union of India''; AIR 1978 S.C. 597, (1978).

</div>
{{col-2}}
<div style="font-size: 85%">

* {{Citation * {{Citation
| surname = Pylee | last = Pylee | first = M.V.
| given = M.V.
| year = 1999 | year = 1999
| title = India’s constitution | title = India's constitution
| place = New Delhi | place = New Delhi | publisher = S. Chand and Company
| isbn = 81-219-1907-X
| publisher = S. Chand and Company
| id = ISBN 81-219-1907-X
}} }}

* {{Citation * {{Citation
| last1 = Sinha | first1 = Savita | last2 = Das | first2 = Supta
| surname1 = Sinha
| last3 = Rashmi | first3 = Neeraja
| given1 = Savita
| surname2 = Das
| given2 = Supta
| surname3 = Rashmi
| given3 = Neeraja
| year = 2005 | year = 2005
| title = Social Science – Part II Textbook for Class IX | title = Social Science – Part II Textbook for Class IX
| place = New Delhi | place = New Delhi
| publisher = ], India | publisher = ], India
| id = ISBN 81-7450-351-X | isbn = 81-7450-351-X
}} }}

* {{Citation * {{Citation
| last1 = Singh | first1 = J. P. | last2 = Dubey | first2 = Sanjay
| surname1 = Singh
| last3 = Rashmi | first3 = Neeraja | last4 = Srinivasan | first4 = M. V.
| given1 = J. P.
| surname2 = Dubey
| given2 = Sanjay
| surname3 = Rashmi
| given3 = Neeraja
| surname4 = Srinivasan
| given4 = M. V.
| year = 2005 | year = 2005
| title = Social Science – Part II Textbook for Class X | title = Social Science – Part II Textbook for Class X
| place = New Delhi | place = New Delhi
| publisher = ], India | publisher = ], India
| id = ISBN 81-7450-373-0 | isbn = 81-7450-373-0
}} }}

* {{Citation * {{Citation
| last1 = Tayal | first1 = B.B. | last2 = Jacob | first2 = A.
| surname1 = Tayal
| given1 = B.B.
| surname2 = Jacob
| given2 = A.
| year = 2005 | year = 2005
| title = Indian History, World Developments and Civics | title = Indian History, World Developments and Civics
| place = District ], ] | place = District ], ]
| publisher = Avichal Publishing Company | publisher = Avichal Publishing Company
| id = ISBN 81-7739-096-1 | isbn = 81-7739-096-1
}} }}

* {{Citation * {{Citation
| last1 = O'Flaharty | first1 = W.D. | last2 = J.D.M. | first2 = Derrett
| surname1 = O'Flaharty
| given1 = W.D.
| surname2 = J.D.M.
| given2 = Derrett
| year = 1981 | year = 1981
| title = The Concept of Duty in Asia; African Charter on Human and People's Right of 1981 | title = The Concept of Duty in Asia; African Charter on Human and People's Right of 1981
}} }}

* Article 29 of ]. * Article 29 of ].


}}
{{col-end}}

{{good article}}


] ]

]
]

Latest revision as of 06:07, 17 January 2025

Governing principles of government divisions in India

Part of a series on the
Constitution of India
Preamble
PartsI ∙ II ∙ III ∙ IV ∙ IVA ∙ V ∙ VI ∙ VII
VIII ∙ IX ∙ IXA ∙ IXB ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV
XIVA ∙ XV ∙ XVI ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI
XXII
SchedulesFirst ∙ Second ∙ Third ∙ Fourth ∙ Fifth
Sixth ∙ Seventh ∙ Eighth ∙ Ninth
Tenth ∙ Eleventh ∙ Twelfth
AppendicesI ∙ II ∙ III ∙ IV ∙ V
AmendmentsList ∙ 1 ∙ 2 ∙ 3 ∙ 4 ∙ 5 ∙ 6 ∙ 7 ∙ 8 ∙ 9 ∙ 10 ∙ 11 ∙ 12 ∙ 13 ∙ 14 ∙ 15 ∙ 16 ∙ 17 ∙ 18 ∙ 19 ∙ 20 ∙ 21 ∙ 22 ∙ 23 ∙ 24 ∙ 25 ∙ 26 ∙ 27 ∙ 28 ∙ 29 ∙ 30 ∙ 31 ∙ 32 ∙ 33 ∙ 34 ∙ 35 ∙ 36 ∙ 37 ∙ 38 ∙ 39 ∙ 40 ∙ 41 ∙ 42 ∙ 43 ∙ 44 ∙ 45 ∙ 46 ∙ 47 ∙ 48 ∙ 49 ∙ 50 ∙ 51 ∙ 52 ∙ 53 ∙ 54 ∙ 55 ∙ 56 ∙ 57 ∙ 58 ∙ 59 ∙ 60 ∙ 61 ∙ 62 ∙ 63 ∙ 64 ∙ 65 ∙ 66 ∙ 67 ∙ 68 ∙ 69 ∙ 70 ∙ 71 ∙ 72 ∙ 73 ∙ 74 ∙ 75 ∙ 76 ∙ 77 ∙ 78 ∙ 79 ∙ 80 ∙ 81 ∙ 82 ∙ 83 ∙ 84 ∙ 85 ∙ 86 ∙ 87 ∙ 88 ∙ 89 ∙ 90 ∙ 91 ∙ 92 ∙ 93 ∙ 94 ∙ 95 ∙ 96 ∙ 97 ∙ 98 ∙ 99 ∙ 100 ∙ 101 ∙ 102 ∙ 103 ∙ 104 ∙ 105 ∙ 106
Related topics
This article is part of a series on the
Politics of India
Constitution
Government
Parliament
Lok Sabha (18th)
  • Vacant
  • Utpal Kumar Singh
Rajya Sabha (Members)
Ministry of Parliamentary Affairs
Law and judiciary
Law of India
Supreme Court of India
Ministry of Law and Justice
Elections and politics
Election Commission
Elections
Administrative divisions
States and union territories (Capitals)
Federalism
Executive
Legislative
Local Government
Foreign relations
Ministry of External Affairs
Foreign Relations
Foreign Policy
flag India portal

The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to social justice, economic welfare, foreign policy, and legal and administrative matters.

Directive Principles are classified under the following categories: Economic and Socialistic, Political and Administrative, Justice and Legal, Environmental, Protection of Monuments, Peace and Security.

The History of Ireland, particularly the Irish Home Rule Movement; hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of Social Policy. The idea of such policies "can be traced to the Declaration of the Rights of Man and of the Citizen proclaimed by Revolutionary France and the Declaration of Independence by the American Colonies." The Indian constitution was also influenced by the United Nations Universal Declaration of Human Rights.

Indians, who were seeking independence from British rule and their own government, were particularly influenced by the independence of Ireland from British rule and the development of the Irish constitution. Also, the Directive Principles of State Policy in the Irish Constitution were looked upon by the people of India as an inspiration for the independent Indian Government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.

In 1928, the Nehru Commission composing of representatives of all Indian political parties, proposed constitutional reforms for India that apart from calling for dominion status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, the Indian National Congress (the largest Indian political party of the time) adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom, committing themselves to socialism & Gandhian philosophy.

When India obtained Independence on 15 August 1947, the task of developing a constitution for the nation was undertaken by the Constituent Assembly of India, composing of elected representatives under the presidency of Dr. Rajendra Prasad. While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws. Notably, Bhimrao Ramji Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairperson of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member States to adopt these rights in their respective constitutions.

Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by the Drafting Committee.

Directive Principles are affirmative directions and are non - justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the application of Directive Principles provided under Article 36 to Article 51.

Characteristics

While debating can lead a good life. They also aim to establish social and economic democracy through a welfare state. Though the Directive Principles are non-justiciable rights of the people but fundamental in the governance of the country, it shall be the duty of the State to apply these principles in making laws per Article 37. Besides, all executive agencies of union and states should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases.

An existing policy in line with DPSP can not be reversed, however it can be expanded further in line with DPSP. The policy changes applicable

Directives

The directive principles ensure that the State shall strive to promote the welfare of the people by securing a social order in which social, economic and political justice is animated/informed in all institutions of life as per Article 38 (1). Dr. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 highlighting its inevitable implementation.

... The word 'strive' which occurs in the Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go.

Also, the State shall strive to minimise the inequalities in income and endeavour to eliminate economic inequality as well as inequalities in status and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations per Article 38 (2). The State shall aim for securing the right to an adequate means of livelihood for all citizens, both men and women as well as equal pay for equal work for both men and women. The State should work to prevent the concentration of wealth and means of production in a few hands, and try to ensure that ownership and control of the material resources is distributed to best serve the common good. Child abuse and exploitation of workers should be prevented. Children should be allowed to develop in a healthy manner and should be protected against exploitation and against moral and material abandonment per Article 39. The State shall provide free legal aid to ensure that equal opportunities for securing justice is ensured to all, and is not denied by reason of economic or other disabilities per Article 39A. The State shall also work for the organisation of village panchayats and help enable them to function as units of self-government per Article 40. The State shall endeavour to provide the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity per Article 41 as well as provide for just and humane conditions of work and maternity relief per Article 42.

The State should also ensure a living wage and proper working conditions for workers, with full enjoyment of leisure and social and cultural activities. Also, the promotion of cottage industries in rural areas is one of the obligations of the State per Article 43 The State shall take steps to promote their participation in the management of industrial undertakings per Article 43A.

Also, the State shall endeavour to secure a uniform civil code for all citizens per Article 44 and provide early childhood care and education for all children until they complete the age of six years per Article 45. This directive regarding education of children was updated by the 86th Amendment Act, 2002. It should work for the economic and educational upliftment of scheduled castes, scheduled tribes and other weaker sections of the society per Article 46.

The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes per Article 47. It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting the slaughter of cows, calves, other milch and draught cattle per Article 48. It should protect and improve the environment and safeguard the forests and wildlife of the country per Article 48A. This directive, regarding the protection of forests and wildlife, was added by the 42nd Amendment Act, 1976.

Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage per Article 49 and separation of judiciary from the executive in public services per Article 50 are also the obligations of the State as laid down in the directive principles.

Finally Article 51 ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.

The judiciary is not part of the state as defined in Article 36 to claim non-applicability of DPSP (Part IV of the constitution) under Article 37 wherever applicable to it.

Implementation

There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the constitution. The State has made few efforts till now to implement the Directive Principles.

The Programme of Universalisation of Elementary Education and the five-year plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. Welfare schemes for the weaker sections are being implemented both by the Central and State governments. These include programmes such as boys' and girls' hostels for scheduled castes' or scheduled tribes' students. The year 1990–1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar. The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002–2003, a sum of Rs. 47.7 million was released for this purpose. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the Prevention of Atrocities Act, which provided severe punishments for such atrocities.

Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to September 2001, more than 20,000,000 acres (80,000 km) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas. The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees engaged in various employments. The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions.

Panchayati Raj now covers almost all states and Union territories. One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case of Bihar, half the seats have been reserved for women. Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland.

India's Foreign Policy has also to some degree been influenced by the DPSPs. India, in the past has condemned all acts of aggression and has also supported the United Nations' peace-keeping activities. By 2004, the Indian Army had participated in 37 UN peace-keeping operations. India played a key role in the passing of a UN resolution in 2003, which envisaged better co-operation between the Security Council and the troop-contributing countries. India has also been in favour of nuclear disarmament.

Per Article 38 (1), prompt rendering of the justice by courts is part of animating judiciary. Rendering prompt justice is the foremost purpose of the constitution as enshrined in the Preamble to the constitution also. However the judiciary is failing dismally in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty.

Amendments

Changes in Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses of the Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting and by the absolute majority of the house – whether the Lok Sabha or Rajya Sabha.

  • Article 31-C, amended by the 42nd Amendment Act of 1976 seeking to upgrade the DPSPs. If laws are made to give effect to any of the Directive Principles overriding Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In Minerva Mills v. Union of India case, Supreme Court ruled that 42nd Amendment Act to the Article 31C is not valid and ultra vires.
  • Articles 38 (2), was added by the Forty-fourth Amendment Act, 1978 of the Constitution
  • Articles 39A, which directs the state to secure Equal justice and free legal aid, was added by the Forty-second Amendment Act, 1976 of the Constitution
  • Articles 43A, which directs the state to secure Participation of workers in management of industries, was added by the Forty-second Amendment Act, 1976 of the Constitution
  • Articles 43B, which directs the state to strive for Promotion of co-operative societies, was added by the Ninety-Seventh Amendment of the Constitution of India
  • Article 45, which ensures Provision for early childhood care and free education for all children until they complete six years of age, was added by the 86th Amendment Act, 2002.
  • Article 48A, which ensures Protection and improvement of environment and safeguarding of forests and wild life, was added by the Forty-second Amendment Act, 1976
  • Articles 49, was modified by the Seventh Amendment Act, 1956 of the Constitution

See also

Notes

  1. ^ The term "State" includes all authorities within the territorial periphery of India: the Government of India, the Parliament of India, the Government and legislature of the states of India. To avoid confusion with the term states and territories of India, State (encompassing all the authorities in India) has been capitalized, and the term state is in lower case.
  2. Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-39
  3. Pylee, M.V. (1999). India's Constitution. New Delhi: S. Chand and Company. ISBN 81-219-1907-X.
  4. Gandhi, Rajmohan. Patel: A Life. p. 206.
  5. UNI. "Sardar Patel was the real architect of the Constitution". Rediffmail.com. Retrieved 15 May 2006.
  6. Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-39 to A-40
  7. Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005), Social Science – Part II, pg. 29
  8. ^ "Constituent Assembly of India – Volume VII". 19 November 1948. Retrieved 31 August 2017.
  9. ^ 86th Amendment Act, 2002.
  10. "The Constitution (Eighty-sixth Amendment) Act, 2002 | National Portal of India". www.india.gov.in. Retrieved 13 February 2020.
  11. "ICL - India - Constitution". www.servat.unibe.ch. Retrieved 5 July 2019.
  12. 42nd Amendment Act, 1976
  13. Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-44
  14. "Dr. Bhimrao Ambedkar". ambedkarfoundation.nic.in. Dr. Ambedkar Foundation. Archived from the original on 5 May 2006. Retrieved 29 June 2006.
  15. ^ Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-45
  16. "Prevention of Atrocities Act, 1995". hrw.org. Human Rights Watch. Retrieved 29 June 2006.
  17. 40th Amendment Act, 1976
  18. "Banking Policy and Trends" (PDF). indiabudget.nic.in. Union Budget and Economic Survey. Archived from the original (PDF) on 1 July 2007. Retrieved 29 June 2006.
  19. "Minimum Wages Act, 1948". helplinelaw.com. Archived from the original on 15 June 2006. Retrieved 29 June 2006.
  20. "Equal Remuneration Act, 1976". indialawinfo.com. Archived from the original on 22 March 2006. Retrieved 29 June 2006.
  21. "Sampoorna Grameen Rozgar Yojana, 2001" (PDF). rural.nic.in. Ministry of Rural Development, India. Archived from the original (PDF) on 1 July 2007. Retrieved 29 June 2006.
  22. "Panchayati Raj in India". empowerpoor.org. Poorest Areas Civil Society. Archived from the original on 30 July 2007. Retrieved 29 June 2006.
  23. 73rd Amendment Act, 1992
  24. "Seat Reservation for Women in Local Panchayats" (PDF). p. 2. Archived from the original (PDF) on 5 February 2007. Retrieved 29 June 2006.
  25. "Indian and United Nations". Permanent Mission of India to the United Nations. Archived from the original on 4 May 2006. Retrieved 29 June 2006.
  26. "Rule of law index, 2016". Archived from the original on 29 April 2015. Retrieved 3 June 2017.
  27. Ranjan, Brajesh (25 August 2016). "What causes judicial delay? Judgements diluting time frames in Code of Civil Procedure worsen the problem of adjournments". The Times of India. Retrieved 13 September 2017.
  28. "Press Information Bureau". pib.nic.in. Retrieved 5 July 2019.
  29. "The Gazette of India" (PDF). www.education.gov.in. Archived from the original (PDF) on 4 October 2023. Retrieved 17 January 2025.

References

Category:
Directive Principles: Difference between revisions Add topic