Directive Principles - Wikipedia
Relationship between Fundamental Rights and Directive Principles of State Policy – Explained! Article shared by. Despite being part of the same constitution, . the Directive Principles of State Policy and their relationship with the Fundamental Rights in the Constituent Assembly at the time of framing the Constitution. The Constitution lays down certain Directive Principles of State Policy, which just and honourable relations between nations; respect for international law;.
Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 high lighting its inevitable implementation.
The word 'strive' which occurs in the Draft Constitution, in judgement, is very important.
We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'.
Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. Also, the State shall strive to minimise the inequalities in income and endeavour to eliminate 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 per Article 38 2.
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 per Article 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 per Article 39A.
The State shall also work for organisation of village panchayats and help enable them to function as units of self-government per Article The State shall endeavour to provide the right to workto education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of economic capacity per Article 41 as well as provide for just and humane conditions of work and maternity relief per Article 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 per Article 43 The State shall take steps to promote their participation in management of industrial undertakings per Article 43A Also, the State shall endeavour to secure a uniform civil code for all citizens per Article 44 and provide free and compulsory education to all children till they attain the age of 14 years per Article This directive regarding education of children was added by the 86th Amendment Act, It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting slaughter of cowscalvesother milch and draught cattle per Article This directive, regarding protection of forests and wildlife was added by the 42nd Amendment Act, Finally 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.
Implementation[ edit ] There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article as they are already enshrined in the constitution. The State has made few efforts till now 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.
Profile - Directive Principles Of State Policy - Know India: National Portal of India
The 86th constitutional amendment of inserted a new article, Article A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. These include programmes such as boys' and girls' hostels for scheduled castes ' or scheduled tribes ' students. Duringa sum of Rs. In this view, constitutionality of 1st Amendment Act was hailed as valid. The Government passed 24th and 25th Amendment Act The 24th Constitution Amendment Act made it clear that the Parliament has power to amend any provision of the Constitution, including the fundamental Rights.
The 25th Constitution Amendment Act introduced Article 31 c which provides that in case of implementing Article 39 b and c if there is axorrflict with fundamental right, thelaw shall not be declared null and void.
During the period of Emergency Parliament passed the 42nd Amendment Act, which provided for implementation of directives other than only under Article 39 b and c. This abrogated the view of giving precedence to the directives over fundamental rights.
Significance of Directive Principles of State Policy: Firstly, they are intended to usher an egalitarian order, once the limitations or resources is overcome and state is competent enough to fulfill them. For, most of the directives are resource consuming.
Secondly, they have exercised an important check on the government. They have significant educative value. Fourthly, they emphasize the goal of welfare state and social justice that are warranted in Indian polity and keep check on elitist or populist measures.
It has been seen with optimism by leadership as well as people to be of paramount importance.