· The Directive Principles of State Policy are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies.
· These provisions, contained in Part IV (articles 36 to 50,)of the Constitution of India, 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 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 and also by the principles of Gandhism and relate to social justice, economic welfare, foreign policy, and legal and administrative matters.
· Articles related to The Directive Principles of State Policy are from articles 36 to 50,
· 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. However, the number of members voting should not be less than the simple majority of the house – whether the Lok Sabha or Rajya Sabha.
· Directive Principles are classified under the following categories:
2. Gandhian &
Principal among this category of directives are
a) Securing welfare of the people (Art. 38)
b) Securing proper distribution of material resources of the community as to best sub serve the common-good, equal pay for equal work, protection of childhood and youth against exploitation. Etc. (Art.39),
c) Curing right to work, education etc. Art. (41),
d) Securing just and humane conditions of work and maternity relief (Art. 42) etc.
Such directives are spread over several Arts. Principal among such directives are
a) To organize village panchayats (Art. 40),
b) To secure living wage, decent standard of life, and to promote cottage industries (Art.43),
c) To provide free and compulsory education to all children up to 14 years of age (Art. 45),
d) To promote economic and educational interests of the weaker sections of the people, particularly, the scheduled castes and scheduled tribes,
e) To enforce prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and animal husbandry on scientific lines (Arts. 46-48).
Principal among such directives are
Principal among such directives are
a) To secure uniform civil code throughout the country (Art.44),
b) To separate the judiciary from the executive (Art.50),
c) To protect monuments of historic and national importance and
d) To promote international peace and security.
Sir B. N. Rau regards DPSP as “moral precepts” with an educative value.
Ambedkar considered them as powerful instruments for the transformation of India from a political democracy into an economic democracy.
The directive principles according to Granville Austin, are “positive obligations”
Differences between Fundamental Rights and Directive Principles of State Policy
1. The Fundamental Rights can be enforceable by a court against the State on the other hand The Directive Principles of State Policy can not be enforceable by any Court i.e. the Directives are non-justiciable while Fundamental rights are justiciable.
2. The Fundamental Rights constitute limitations upon State actions while The directives are a set of positive directions. The state is urged to do something to transform India into a social and economic democracy.
3. In case of any conflict between the Fundamental Rights and Directives, the Fundamental Rights shall prevail , unless the conflict arises out of a law to implement the Directives in Art. 39 (b)-(c), i.e. for the socialisation of the means of production and the material resources of the nation.
4. FRs can be suspended except the rights mentioned in Article 20 and 22 during emergencyon the other hand DPSPs can never be suspended under any condition.