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Directive Principles in India

2007 Schools Wikipedia Selection. Related subjects: Politics and government

   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
   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.

   They aim at achieving social and economic democracy for establishing a
   welfare state. Directive Principles are classified under the following
   categories: Gandhian, economic and socialistic, political and
   administrative, justice and legal, environmental, protection of
   monuments and peace and security.

History

   The concept of Directive Principles of State Policy was borrowed from
   the Irish Constitution. The makers of the Constitution of India were
   influenced by the Irish nationalist movement. Hence, the Directive
   Principles of the Indian constitution have been greatly influenced by
   the Directive Principles of State Policy. The idea of such policies
   "can be traced to the Declaration of the Rights of Man proclaimed
   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. Under the
   educational system of British Raj, students were exposed to ideas of
   democracy, human rights and European political history. The Indian
   student community in England was further inspired by the workings of
   parliamentary democracy and British political parties.

   In 1919, the Rowlatt Acts 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 mass campaigns of
   non-violent civil disobedience 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.

   In 1928, the Nehru Commission composing of representatives of 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 defense 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 in 1936,
   the Congress leaders took examples from the constitution of the
   erstwhile USSR, which inspired the fundamental duties of citizens as a
   means of collective patriotic responsibility for national interests and
   challenges.
   The chairman of the constitution drafting committee — B. R. Ambedkar
   Enlarge
   The chairman of the constitution drafting committee — B. R. Ambedkar

   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 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 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 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), being prepared by the Drafting
   Committee.

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 welfare state. They act as a check on the
   government, 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 elections. The
   Directive Principles are non-justiciable rights of the people. Article
   31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the
   Directive Principles. 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. The Directive Principles, though
   not justiciable, are fundamental in the governance of the country. It
   shall be the duty of the State to apply these principles in making
   laws. Besides, all executive agencies should also be guided by these
   principles. Even the judiciary has to keep them in mind in deciding
   cases.

Directives

   Gandhian philosophy, originally propounded by Mahatma Gandhi has great
   influence on the Directive Principles.
   Enlarge
   Gandhian philosophy, originally propounded by Mahatma Gandhi has great
   influence on the Directive Principles.

   The directive principles ensure that the State shall strive to promote
   the welfare of the people by promoting a social order in which social,
   economic and political justice is is informed in all institutions of
   life. Also, the State shall work towards reducing 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. The State shall aim for
   securing 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 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.

   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. The State shall also work
   for organisation of village panchayats and help enable them to enable
   them to function as units of self-government. 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, as well as provide for just and humane
   conditions of work and maternity relief.

   The State should also ensure 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. The State shall take steps to
   promote their participation in management of industrial undertakings.

   Also, the State shall endeavour to secure a uniform civil code for all
   citizens, and provide free and compulsory education to all children
   till they attain the age of 14 years. This directive regarding
   education of children was added by the 86th Amendment Act, 2002. It
   should and work for the economic and educational upliftment of
   scheduled castes, scheduled tribes and other weaker sections of the
   society.

   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. It should also organise
   agriculture and animal husbandry on modern and scientific lines by
   improving breeds and prohibiting slaughter of milch and draught cattle
   It should protect and improve the environment and safeguard the forests
   and wild life of the country. This directive, regarding 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, and
   separation of judiciary from executive in public services 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.

Critical analysis

   The State has made many efforts 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. 4.77 crore 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 in 1995, 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 200 lakh acres 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 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 teritories except Jammu and
   Kashmir and Nagaland.

   India's Foreign Policy has also to some degree been influenced by the
   DPSPs. India has in the past 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 cooperation between the Security Council and the
   troop-contributing countries. India has also been in favour of nuclear
   disarmament.

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. However, the number of
   members voting should not be less than the simple majority of the house
   — whether the Lok Sabha or Rajya Sabha.
     * Article 31-C, inserted into the Directive Principles of State
       Policy by the 25th Amendment Act of 1971 seeks to upgrade the
       DPSPs. 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.
     * Article 45, which ensures Provision for free and compulsory
       education for children, was added by the 86th Amendment Act, 2002.
     * Article 48-A, which ensures Protection and improvement of
       environment and safeguarding of forests and wild life, was added by
       the 42nd Amendment Act, 1976.

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