Tuesday 21 February 2017

DIRECTIVE PRINCIPLES OF STATE POLICY

Part IV of the Constitution of India deals with Directive Principles of State Policy. It is one of the most outstanding features of our Constitution.

CLASSIFICATION OF DIRECTIVE PRINCIPLES

Directive Principles are divided into 4 classes:

A. Socio-Economic Principles of National Policy
B. Socio-Political and Administrative Objectives of National Policy
C. Certain Principles for the guidance of International Relations
D. Saving of laws giving effect to certain directive principles

A. SOCIO-ECONOMIC PRINCIPLES OF NATIONAL POLICY - ARTICLES 38,39,41 AND 45-48)

The framers of our Constitution laid down detailed directives.

1. The state shall try to secure for all citizens - both men and women equally:

a. Adequate means of livelihood

b. ownership and control of material resources of the community are so distributed as best to serve the common good

c. that the national wealth shall not get concentrated in the hands of a few

d. that there is equal pay for equal work for both men and women

e. that the health and strength of workers and the tender age of children are not abused

f. that children are given opportunities and facilities to develop in a healthy manner in conditions of freedom and dignity and that they are protected from exploitation.

2. That effective provision for securing the right to work, education and public assistance in cases of unemployment, old age, sickness and disablement shall be made by the state within its limits of economic capacity and development.

3. State shall make provisions for securing just and humane conditions of work and maternity relief.

4. The state shall endeavour (try) to secure, by economic organisation or in any other way, work, a living, wage, a decent standard of life and full enjoyment of leisure and social and cultural opportunities for all workers and promotion of cottage industries.

5. State shall try to provide free and compulsory education for all children till the age of 14 years withing ten years of commencement of the constitution i.e. from 1950-1960.

6. The state shall promote with special care the educational and economic interests of the weaker sections of society, particularly schedule castes and tribes and shall protect them from social injustice and all forms of exploitation.

7. One of the primary duties of the state shall be to raise the level of nutrition and standard of living of its people and to introduce prohibition of consumption of intoxicating drinks and of drugs which are injurious to health, except for medicinal purposes.

8. The state shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and preserve and improve the breeds and prohibit the slaughter of cows and calves.

9. The state shall strive to minimise inequalities in income and eliminate inequalities in states and provide facilities and opportunities for all.

B. SOCIO-POLITICAL AND ADMINISTRATIVE OBJECTS OF NATIONAL POLICY - ARTICLE 39 A, 44, 49, 40 AND 50

These directives reflect the socio political and administrative aims of national policy.

1. The state shall promote justice for all on equal terms.

2. The state shall organise village panchayats and help them to function as units of self-government.

3. The state shall secure for all citizens a uniform civil code throughout India.

4. The state shall protect every monument or place of artistic and historic interest that is of national importance.

C. PRINCIPLES FOR THE GUIDANCE OF INTERNATIONAL RELATIONS - ARTICLE 51

1. To promote international peace and security

2. To maintain just and honorable relations between nations

3. To foster respect for international law and treaty obligations.

4. To encourage settlement of international disputes by arbitration (settlement of disputes by the decision of somebody chosen to be the judge)

D. SAVING OF LAWS GIVING EFFECT TO CERTAIN DIRECTIVE PRINCIPLES - ARTICLE 31C

No law that gives effect to the policy of the state towards securing Directive Principles can be taken away or abridged (shortened) e.g. rights dealing with right to freedom, equality before law.
The court can examine the matter if challenged under fundamental rights.

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