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constitutional_law:directive_principles_of_state_policy_185612019

Directive Principles of State Policy

The Directive Principles of State Policy (DPSP) are contained in part IV, articles 36 to 50, of the Indian Constitution. Many of the provisions correspond to the provisions of the ICCPR. For instance, Article 43 provides that the state shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities, and in particular the state shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas. An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be “fundamental in the governance of the country,” they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble.

Nature and justiciability of the Directive Principles

The Forty-second Amendment, which came into force in January 1977, attempted to raise the status of the Directive Principles by stating that no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights. The amendment simultaneously stated that laws prohibiting “anti national activities” or the formation of “anti national associations” could not be invalidated because they infringed on any of the Fundamental Rights. It added a new section to the constitution on “Fundamental Duties” that enjoined citizens “to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities.” However, the amendment reflected a new emphasis in governing circles on order and discipline to counteract what some leaders had come to perceive as the excessively freewheeling style of Indian democracy. After the March 1977 general election ended the control of the Congress (Congress (R) from 1969) over the executive and legislature for the first time since independence in 1947, the new Janata-dominated Parliament passed the Forty-third Amendment (1977) and Forty-fourth Amendment (1978). These amendments revoked the Forty Second Amendment's provision that Directive Principles take precedence over Fundamental Rights and also curbed Parliament's power to legislate against “anti national activities.”

The Directive Principles of State DPSP are Policy (contained in part IV, articles 36 to 50) of the Indian Constitution. Many of the provisions correspond to the provisions of the ICESCR. For instance, article 43 provides that the state shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities, and in particular the state shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas. This corresponds more or less to articles 11 and 15 of the ICESCR. However, some of the ICESCR rights, for instance, the right to health (art. 12), have been interpreted by the Indian Supreme Court to form part of the right to life under article 21 of the Constitution, thus making it directly enforceable and justiciable. As a party to the ICESCR, the Indian legislature has enacted laws giving effect to some of its treaty obligations and these laws are in turn enforceable in and by the courts.

Important Articles

Article 39 - Certain principles of policy to be followed by the State

The Supreme Court appointed Justice Amitava Roy (retd.) Committee has given recommendations to reform prisons. Article 39-A of the Constitution directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way.

Article 39A National Legal Service

Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.

Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all.

The National Legal Services Day is celebrated on 9th November every year to spread awareness for ensuring reasonable fair and justice procedure for all citizens.NLSD was first started by the Supreme Court of India in 1995 to provide help and support to poor and weaker sections of the society.Free legal services are provided in matters before Civil, Criminal and Revenue Courts, Tribunals or any other authority exercising judicial or quasi judicial functions.

  • Provide free legal aid and advice.
  • Spread legal awareness.
  • Organise lok adalats.
  • Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms like Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
  • Provide compensation to victims of crime.

Article 41 - Right to work, to education and to public assistance in certain cases

The Chhattisgarh Cabinet has approved an amendment to the State Panchayati Raj Act, 1993, which makes mandatory the presence of a person with disabilities in all panchayats across the state. This implies that if differently abled members are not elected through the electoral process, then one member, either male or female, would be nominated by the government.

Article 43 - Living wage, etc., for workers

Recently the government has enacted Wage Code Act to ensure minimum wage to the workers.

Article 44 - Uniform civil code for the citizens

The Supreme Court in a case concerning the question of whether succession and inheritance of a Goan domicile is governed by the Portuguese Civil Code, 1867 or the Indian Succession Act of 1925, held that the Constitution in Article 44 requires the State to strive to secure for its citizens a Uniform Civil Code (UCC) throughout India, but till date, no action has been taken in this regard.

Created on 2020/10/19 23:13 by • Last modified on 2020/12/11 08:56 by LawPage