Directive Principles Of State Policy

The Directive Principles of State Policy, contained in Part IV, Articles 36-51 of the Indian constitution, are broad directives or guidelines to be followed by the state when establishing policies and laws. The state's legislative and executive powers must be exercised in accordance with the Indian Constitution's Directive Principles.

The Indian Constitution was written soon after India gained independence, and its authors were well aware of the shattered state of the Indian economy as well as the fragile state of the country's unity. As a result, they developed a set of guidelines known as Directive Principles for a more inclusive society's development.

 

The Directive Principles, which were inspired by the Irish Constitution, contain the fundamental philosophy of the Indian Constitution, which is to promote the nation's overall development through guidelines on social justice, economic welfare, foreign policy, and legal and administrative matters. The Directive Principles are codified versions of Nehru's democratic socialist order, with a dash of Gandhian thought thrown in for good measure.

 

The Directive Principles, on the other hand, cannot be enforced in a court of law, and the State cannot be sued for non-compliance. This makes the Directive Principles a fascinating and enticing part of the Constitution because, while it stands for the nation's ideals, it does not make these ideals mandatory.

 

There is no classification of Directive Principles in the Constitution. However, they can be divided into three broad categories based on their content and direction: socialist, Gandhian, and liberal–intellectual.

The ideology of socialism is reflected in these principles. They establish the foundations of a democratic socialist state, with the goal of achieving social and economic justice and paving the way for a welfare state. They are in charge of the state:

 

1. To promote people's welfare by ensuring a social order based on justice—social, economic, and political—and reducing income, status, facilities, and opportunities inequalities (Article 38).

 

2. To guarantee (a) all citizens' right to adequate means of subsistence; (b) the equitable distribution of community material resources for the common good; (c) the prevention of wealth and means of production concentration; (d) equal pay for equal work for men and women; (e) the protection of workers' and children's health and strength from forcible abuse; and (f) opportunities for children's healthy development (Article 39).

 

3. To promote equal justice and to provide low-income people with free legal representation (Article 39 A).

 

4. To guarantee the right to work, education, and public assistance in the event of unemployment, old age, sickness, or disability (Article 41).

 

5. To provide for fair and humane working conditions, as well as maternity leave (Article 42).

 

6. To ensure that all workers have access to a living wage, a decent standard of living, and social and cultural opportunities (Article 43).

 

7. Take steps to ensure that workers are involved in the management of industries (Article 43 A).

 

8. To improve people's nutrition and living standards, as well as public health (Article 47).

 

These values are based on Gandhi's philosophy. They represent Gandhi's reconstruction programme, which he advocated during the national movement. Some of Gandhi's ideas were included as Directive Principles in order to realise his dreams. They demand that the government:

 

1. Establish village panchayats and provide them with the necessary powers and authority to function as self-governing units (Article 40).

 

2. To promote cottage industries in rural areas on an individual or cooperative basis (Article 43).

 

3. To encourage the formation, autonomy, democratic control, and professional management of cooperative societies on a voluntary basis (Article 43B).

 

4. To advance the educational and economic interests of SCs, STs, and other disadvantaged members of society, as well as to protect them from social injustice and exploitation (Article 46).

 

5. To make it illegal to consume intoxicating beverages and drugs that are harmful to one's health (Article 47).

 

6. To make it illegal to slaughter cows, calves, and other milch and draught cattle, as well as to improve their breeds (Article 48).

 

 

The liberalism ideology is represented by the principles in this category. They are in charge of the state:

1. To ensure that all citizens in the country have access to a single civil code (Article 44).

 

2. To provide all children with early childhood care and education until they reach the age of six (Article 45).

 

3. Organize agriculture and animal husbandry according to modern and scientific principles (Article 48).

 

4. To safeguard forests and wild life, as well as to protect and improve the environment (Article 48 A).

 

5. To safeguard monuments, places, and objects of artistic or historic significance that have been designated as national treasures (Article 49).

 

6. In the state's public services, the judiciary and the executive must be separated (Article 50).

 

7. To promote international peace and security, as well as just and honourable relations between nations; to promote respect for international law and treaty obligations; and to encourage the use of arbitration in the settlement of international disputes (Article 51).

 

To the original list, the 42nd Amendment Act of 1976 added four new Directive Principles. They demand that the government:

 

1. To provide opportunities for children's healthy development (Article 39).

 

2. To promote equal justice and to provide poor people with free legal assistance (Article 39 A).

 

3. Take steps to ensure that workers are involved in the management of industries (Article 43 A).

 

4. To safeguard forests and wild life, as well as to protect and improve the environment (Article 48 A).

 

The 44th Amendment Act of 1978 added a new Directive Principle, requiring the state to reduce income, status, facilities, and opportunities inequalities (Article 38).

 

Article 45 was changed to make elementarial education a fundamental right under Article 21 A by the 86th Amendment Act of 2002. All children must receive early childhood care and education until they reach the age of six, according to the amended directive.

 

A new Directive Principle relating to co-operative societies was added to the 97th Amendment Act of 2011. It requires the state to encourage co-operative societies' voluntary formation, autonomous functioning, democratic control, and professional management (Article 43B).

 

As previously stated, the Directive Principles lack legal sanction and cannot be enforced in a court of law, unlike the fundamental rights guaranteed by the Indian Constitution. The State, on the other hand, is making every effort to put the Directive Principles into effect in as many sectors as possible. The most notable implementation is the 86th constitutional amendment of 2002, which added a new article, Article 21-A, making compulsory free education for children under the age of 14. Other examples of Directive Principles implementation include the Prevention of Atrocities Act, which protects the interests of SC and ST, several Land Reform Acts, and the Minimum Wage Act (1948). The Indian Army has participated in several UN peacekeeping missions based on the guidelines of the Directive Principles.

 

The Directive Principles of the Indian Constitution are without a doubt moral precepts with educational value that represent the ideals of this great nation. They were powerful instruments in Ambedkar's vision of transforming India from a political democracy to an economic democracy. The directives will assist in determining the best path to a bright future by balancing individual liberty and the common good. This method of instruction should be welcomed with open arms in order to assist India in becoming a progressive and just country.

 

Aside from the Directives in Part IV, there are a few more Directives scattered throughout the Constitution. They are as follows:

 

1. SC and ST Claims to Services: In making appointments to services and posts in connection with the Union or a State, the claims of members of the Scheduled Castes and Scheduled Tribes shall be taken into account, consistent with the maintenance of administrative efficiency (Article 335 in Part XVI).

 

2. Instruction in the mother tongue: Every state and local government within the state shall make every effort to provide adequate facilities for instruction in the mother tongue to children from linguistic minority groups at the primary level of education (Article 350-A in Part XVII).

 

3. Hindi Language Development: It shall be the Union's responsibility to promote the Hindi language's spread and development so that it can serve as a medium of expression for all aspects of India's composite culture (Article 351 in Part XVII).

 

The Directives listed above are also non-justiciable. The judiciary, on the other hand, gives them equal weight and attention because all parts of the constitution must be read together.