Chapter 8
Directive principles of state policy
Intro & Part IV,Article 36 to 51
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Irish Constitution
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Spanish constitution
Features - Non justiciable
T Novel features
T DPSP + FR = philosophy of Constitution
> Granville Austin = conscience of the Constitution
> Instrument of instructions
- They are instructions to the legislative and executive
Classification of DPSP
Liberal
Socialist principles
intellectual
Gandhian principles
principles
Article 38, Article 40,
Article 43, Article 44,
Article 39,
Article 43B, Article 45,
Article 39A,
Article 46, Article 48,
Article 41,
Article 47, Article 48A,
Article 42,
Article 48 Article 49,
Article 43,
Article 50,
Article 43A,
Article 51
Article 47, first part
Article 36 = article 12, definition of state
Article 37 = application of the principles contained in this part.
Socialist principles Aim at providing social and economic justice and
set the path towards welfare state
Article 38 : to protect the welfare of the people by minimising inequalities in
income status, facilities, and opportunities
Article 39 : a) right to adequate means of livelihood
b) equitable distribution of resources
c) prevention of concentration of wealth
d) equal pay for equal work
e) preservation of health and strength of workers and children’s
against forcible abuse
f)Opportunities for healthy development of children’s
Article 39A : to promote equal justice and to provide free legal aid to the poor
Article 41 : To secure the right to work, to education, and to public assistance,
in cases of unemployment, old age, sickness, and disablement
Article 42 : To make provision for just and humane condition of work and
maternity relief
Article 43 : To secure a living wage, a decent standard of life and social and
cultural opportunities for all workers.
Article 43A : To take steps to secure the participation of workers in the management
of industries
Article 47 : to raise the level of nutrition and the standard of living of people
and to improve public health.
Gandhian principles Based on Gandhian ideology
Article 40 : To organise village Panchayats and endow them with necessary powers
and authority to enable them to function as units of self government
Article 43 : To promote cottage industries on an individual or cooperation basis in
rural areas.
Article 43B : To promote voluntary formation, autonomous functioning, democratic
control, and professional management of cooperative societies.
Article 46 : to promote the educational and economic interest of SC, ST, and other
weaker section of society and to protect them from social injustice and
exploitation.
Article 47 : To prohibit the consumption of intoxication, drinks and drugs, which
are injurious to health.
Article 48 : To prohibit the slaughter of cows,calves, and other milch and
draught cattle, and to improve their breeds
Liberal-intellectual principles Ideology of liberalism
Article 44 : To secure for all citizen uniform civil code throughout the
country.
Article 45 : To provide early childhood care and education for all children until
they complete the age of six years.
Article 48 : to organise agriculture and animal husbandry on modern and
scientific lines.
Article 48A : To protect and improve the environment and to safeguard forest and wild
Article 49 : To protect monuments, places, and objects of artistic or historic interest
which are declared to be national importance.
Article 50 : to separate the judiciary from the executive in public services of the state.
Article 51 : To promote international peace and security and maintain just on
honourable relations between nations to foster respect for
international law and treaty obligations and to encourage settlement
of international disputes by arbitration.
Amendments
42nd amendment act : Article 39, Article 39A, Article 43A, Article 48A
44th amendment act : Article 38
86th amendment act : Changed the subject matter of Article 45 and made the
elementary education a fundamental right under Article 21A.
97th amendment act : Article 43B
Sanctions behind directive principles.
Sir B.N. Rau, the constitutional advisor to the constituent assembly,
recommended that the rights of an individual should be divided into two
categories, justice, and nonjusticiable, which was accepted by the drafting
committee.
No legal force
Illogical arranged
Criticism of the Directive Principles
Constitutional conflict
Conservative
Conflict between fundamental rights and directive principles
Champakam Dorairajan case : In case of conflict between fundamental rights and
directive principles, the former would prevail.
Difference between fundamental rights and directive principles
Previous year + practice questions accept
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