Polity Notes - 9

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DPSP Part IV
Article 36 to Article 51 

DPSP comes from Irish Constitution which itself was inspired by Spanish Constitution. 

Features of DPSP

Constitutional instructions to the State 

Instrument of instructions for legislature and executive 

Aim to ideals of justice, liberty, equality and fraternity 

Non justiciable 

Help courts in deciding to constitutional validity of a law. 

Preamble along with Article 38, Article 42, Article 43, and Article 46 & Article 48A promote the social justice. 

A law inconsistent with DPSP can’t be invalid but a law promoting DPSP can be valid.

Article 36 - defines State

Article 37 - DPSP is non-enforceable in courts, but help in governance of country


Classification of DPSP 

Gandhian –

Article 40 - Organisation of Village Panchayats

Article 43 - Promotion of cottage scale industries

Article 43B - Formation, autonomous functioning, democratic control & professional management of cooperatives

Article 46 – promote educational and economic interests of SCs/STs & other weaker sections

Article 47 - prohibit intoxicating drinks and drugs

Article 48 - prohibit slaughter of cow and other milch and draught animals and to improve their breeds

Socialistic

Article 38 – secure a social order with socio economic and political justice

Article 39- secure adequate livelihood for citizens, equitable distribution of resources for common good, prevent concentration of wealth, equal pay for equal work, preservation of health and strength of workers and children against forced abuse, opportunities for healthy development of child

Article 39A - promote equal justice & provide free legal aid to poor

Article 41- secure right to work, education and public assistance for unemployed, old age, sick and disable

Article 42 - provision for just and humane work conditions and maternity relief

Article 43 - secure a living wage, a decent standard of living

Article 43A- participation of workers in management

Article 47- raise nutrition level and living standard of people and improve public health 

Liberal- Intellectual

Article 44 - Secure Uniform Civil Code (UCC)

Article 45 - provide early childhood care & education for children until six years of age

Article 48 - organise agriculture and animal husbandry on modern scientific lines

Article 48A - protect and improve environment, safeguard forest and wildlife

Article 49 - protect monuments, places and objects of historic artistic interest which are of national importance

Article 50- separate judiciary from executive

Article 51- promote international peace, security and maintain just and honourable relations between nations, have respect for international law, encourage settlement of international disputes by arbitration.

42nd amendment added new DPSP - 

Article 39, Article 39A, Article 43A, Article 48A

86th amendment - 

changed Article 45, made elementary education a fundamental right under Article 21-A

97th amendment- 

added a new directive Article 43B.


Relationship between FRs & DPSPs

Principle of harmonious construction

Complementary and supplementary to each other

They form an integrated scheme which is elastic enough to respond to changing needs of society

FRs represents civil & political rights & DPSPs represent social & economic rights (Ashok Kumar Thakur vs UOI, 2008).

DPSPs have broaden the scope of Article 21, a bundle of rights have been derived from Article 21.

DPSPs become relevant for considering reasonableness of restriction under A. 19. Restriction promoting

DPSP would be reasonable.


Relevance of DPSP in the era of Globalisation-

Directive principles are the Constitutional directions to the State. They promote the idea of welfare state and also act as a restraint on those in power.

The advent of globalization has impacted many aspects of the society. There has been an increase in privatisation, disinvestment, and the culture of consumerism.

Development comes at a cost – environmental damages, rise in pollution, exploitation of workers in private factories etc.


DPSP remain relevant in spite of globalisation because -

Inequalities and poverty 

Sustainable development goals

Check monopolistic tendencies

Protection of human rights

Building human capital

Safeguarding the vulnerable section

Good governance and socio economic justice

Uncertainty created by pandemic and natural disasters.  

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