Session 8 & 9 DPSP

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DEFINITION OF DIRECTIVE PRINCIPLE OF STATE POLICY —aaanaza-— Part IV of the Indian constitution(Art 36 to 51) describes ‘Directive Principle of State Policy (DPSP) . This/ section of the Indian constitution prescribes the fundamental obligations of the state | to its citizens and the planning commission tunder (Article 38) DIRECTIVE PRINCIPLE OF STATE POLIC The constitution of India aims to establish not only political democracy but also socio-economic justice to the people to establish a welfare state. These provisions are given in Part IV of Indian Constitution. + Through these principle are non-justiciable , they are fundamental in the governance of the country . The idea of DPSP has been taken from Irish Republic The DPSP were incorporated in our constitution in order to provide economic justice and avoid concertation of wealth in hand of few people. *¢ The constitution covers from Article 36 to 51 as Directive Principles of State Policy They describe as the ‘conscience of the constitution’ ‘In the “State of Tamil Nadu etc. Vs L.Abu Kavur Bai” case in 1984 , the Supreme Court held that although directive principle of state policy are not enforceable, yet the court should not avoid them. Gandhian Principles Liberal Principles SOCIALIST PRINCIPLES THESE PRINCIPLES REFLECTS THE IDEOLOGY OF SOCIALISM. THEY LAW DOWN THE FRAME WORK OF A DEMOCRATIC SOCIALIST STATE, AIM AT PROVIDING SOCIAL AND ECONOMIC JUSTICE AND SET THE PATH TOWARDS WELFARE STATE. THE ARTICLES WHICH CONTAINS SOCIALIST PRINCIPLES ARE: > ARTICLE 38 : TO PROMOTE THE WELFARE OF THE PEOPLE BY SECURING A SOCIAL ORDER PERMEATED BY JUSTICE-SOCIAL ,ECONOMIC AND POLITICAL AND TO MINIMIZE INEQUALITIES.IN INCOME ,STATUS ,FACULTIES AND OPPORTUNITIES . > ARTICLE 39 : TO SECURE (LIVELIHOOD,EQUAL PAY FOR MEN AND WOMEN OPPORTUNITIES FOR HEALTHY DEVELOPMENT OF CHILDREN, » ARTICLE 39 (A) : TO PROMOTE EQUAL JUSTICE ® ARTICLE 41 :TO SECURE RIGHT TO WORK, TO EDUCATION, ASSISTANCE IN CASES OF UNEMPLOYMENT AND OLD. AGE » ARTICLE 42 : TO MAKE PROVISIONS FOR JUST AND HUMANE CONDITIONS FOR WORK AND MATERNITY RELIEF . GANDHIAN PRINCIPLES These principles are based on Gandhian ideology They represent the programme of reconstruction enunciated by Gandhi during the National Movement. In order to fulf dreams of Gandhi, some of his ideas were included as Directive Principles. These are , v Article 40 : To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government. il the v Article 43 : To promote cottage industries on an individual or co-operation basis in rural areas vArticle 43 B:To promete voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. v Article 46 : To promote educational and economic industries of SC & ST and other weaker section of the society and protect them from injustice and exploitation. vArticle 47 :To prohibit the consumption of intoxicating drinks and drugs which are injurious to health. vArticle 48 :To prohibits the slaughters of cows, claves and others milch and draught cattle and to improve their breeds. LIBERAL PRINCIPLES THESE PRINCIPLES REPRESENTS THE IDEOLOGY OF LIBERALISM. THESE ARE QARTICLE 44 : THE STATE WILL TRY TO SECURE FOR THE CITIZENS A UNIFORM CIVIL CODE THROUGHOUT THE TERRITORY OF INDIA. QARTICLE 45 : THE STATE SHALL ENDEAVOUR TO PROVIDE EARLY CHILDHOOD CARE AND EDUCATION FOR ALL CHILDREN UNTIL THEY COMPLETE THE AGE OF SIX YEARS. QARTICLE 48 :TO ORGANISE AGRICULTURE AND ANIMAL HUSBANDRY ON MODERN AND. SCIENTIFIC LINES . QARTICLE 48 A: TO PROTECT AND IMPROVE THE ENVIRONMENT AND TO SAFEGUARD. FORESTS AND WILDLIFE . QARTICLE 49 : TO PROMOTE MONUMENTS ,PLACES AND OBJECTS OF ARTISTIC OR HISTORIC INTERESTS WHICH ARE DECLARED TO BE OF NATIONAL IMPORTANCE . ARTICLE 50 : THE STATE SHALL SEPARATE THE JUDICIARY FROM THE EXECUTIVE IN THE PUBLIC SERVICES OF THE STATE QARTICLE 51 :TO PROMOTE INTERNATIONAL PEACE AND SECURITY . AMMENDE °**“r\"" Article 39 : To secure opportunities for healthy MENT ACT development of children . — Article 39 A : To promote equal justice and provide IN DPSP Penlessi ents nen Article 43 A :To secure the participation of workers in management of industries — Article 48 A : To safeguard of forest and wild life. * 44!" Amendment act , 1978: Article 38 * 86 Amendment Act ,2002 : It changes Art 45 and made elementary education a fundamental rights under Art 21 A. + 97% amendment Act ,2021: Article 43 B eae Rela Se UR Ue eee liquor. “Promotion of cottage industries. PI Ere acme Reet a SNe are eee Goals MO Ra eer ae political justice. Censure Ve cay era nse cece Promotion of international peace. Difference Between DPSPs and Furidamental Rights + They are not justiciable by + 1. Fundamental Rights the court + 2. They are negative in + They are for state use. nature. + They are positive in + 3. Used by the Citizens. nature . + 4.They establish political + They establish economics democracy . and social democracy. + 5. They have legal power . + They have only moral power.

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