Directive Principles of State Policy

• Part-II of the Constitution of India, Article 36 to Article 51, discusses the Directive Principles of State Policy.

• In the Constitution of India this idea is taken from the Constitution of Ireland.

• Dr.Bhimrao Ambedkar has termed the Directive Principles of State Policy as a "special feature of the Constitution". Dr. According to Bhimrao Ambedkar, “Directive Principles of State Policy We have tried to establish political democracy in our constitution. Political democracy is incomplete without socio-economic democracy. These principles guide the state to make the necessary efforts to establish social and economic democracy. ”

• According to KC Weir, “the policy-directing element will escalate the conflict between Parliament and the judiciary".

• Dr. According to MV Payali, “This principle lays the foundation stone of a democratic India. And when the Indian government can get them married in practice, India can be a true welfare state. "

• M.C. Sitalwad, "The policy-directing element of the state is like a beacon for the court."

• Alladi Krishna Swami Aiyar, "No popular cabinet can violate the provisions of Part-II of the Constitution.

• As they guide the state, they are called "Directive Principles of State Policy". Their main objective is to establish a "welfare state".

• Article 36: In Part-III, the word "State" shall have the same meaning as in Part-III relating to fundamental rights.

• Article-37: Principles contained in this part (Part-4) may not be enforced by the Court. And it will be the duty of the state to apply these principles while making laws.

The main difference between fundamental rights and the Directive Principles of State Policy.

• Violations of fundamental rights by the state can go to the Supreme Court for their protection. And they can be enforced by the courts, while the state cannot go to the Supreme or High Court for their protection for violating the Directive Principles of State Policy and they cannot be enforced by the courts. The nature of fundamental rights is negative. That is, how many functions of the state it prevents, when the policy directive elements motivate the state to do some positive deeds. During a crisis, fundamental rights (Article 20 and Article 21) can be suspended except when the directive elements of politics are suspended. Can't be

 

Importance and characteristics of Directive Principles of State Policy.

• In modern democracy, the Directive Principles of State Policy are very important for maintaining high ideals of independence and equality in justice from economic, social and political point of view. The main objective of Directive Principles of State Policy is to create "public welfare state". Is. That the state will take these elements into account when implementing policies and laws. Granville Austin, a statesman, described the guiding elements and rights as the "original spirit of the Constitution."

• Policy-directing elements represent the criteria for assessing the success or failure of governments. However, their nature is unjust, meaning that they cannot be enforced by the courts.

Implementation of Directive Principles of State Policy.

• The 4th, 17th, 25th, 42nd and 44th constitutional amendments were also tried. The 73rd Amendment to the Constitution, 1992 was a step towards the implementation of Article 40. Establishment of "Archaeological Survey of India" department for protection of historical heritage sites. Integrated Child Development Scheme, Mid-day Meal Scheme, Prohibition of Alcohol etc. is the implementation of Article-47 .. Green Revolution, Biotechnology, Modernization of Agricultural Animal Husbandry etc. is the implementation of Article-48 .. Environmental Protection Act 18, Wildlife Act National Forest Policy 1980 etc. ) Is implemented.

• These policy directive elements added by the 42nd Constitutional Amendment, 1976 Article-39(A), Article-39(C), Article-43(A), Article-48 (A).

• Policy directive element added by the 44th Constitutional Amendment, 1978 : Article 38(B)

Directive Principles of State Policy.

• Article 38: The state will create a social system for the promotion of public welfare. Accordingly, the state will strive for the growth of a social system in which socio-economic and political justice is achieved. The State shall endeavor to eliminate inequalities in the features and opportunities of income reputation between individuals and groups. As part of the implementation of this Article-38, the government set up a Planning Commission in 190 which sought to bring social, economic and political justice and equality of income, prestige, facilities and opportunities through the Five Year Plan. In 2015, the Planning Commission was replaced by a "Policy Commission"

• Article 39: Provision has been made for certain principles of policy to be followed by the State. According to this article, the state will try to implement such a policy in particular so that the following matters are achieved. All men and women have equal rights to adequate livelihood. The public interest is best maintained in the ownership and control of the material resources of society. To manage the economic system in such a way that wealth and means of production are not concentrated in one place against the public interest. Both men and women are paid equally for the same work. The health and strength of male and female workers and the young age of children should not be abused and they should not be forced to do work that harms their health due to compulsion. Children are given opportunities and facilities to grow up in a healthy way and in a state of freedom and dignity.

• The following steps have been taken by the Government for the implementation of Article-39. As part of the implementation of Article 39 (3), the right of intermediaries was abolished and land demarcation system was implemented and additional land was distributed among the landowners.

• Article 39 (A): Equal justice and free legal aidAccording to this article, the judicial system works in such a way that everyone has an equal chance of justice. Also the provision of free legal aid by the state through laws or schemes or in any other way so that no citizen is deprived of the opportunity to receive justice due to financial or any other merit.

• Article 39(A) has passed the Legal Services Authority Act 1987 as part of its implementation. Under this law, the weaker sections of the people get justice free and quickly.

• Article 40: Formation of Gram Panchayats. According to this article, the state will take steps for the formation of gram panchayats and give them the necessary powers and rights to act as units of self-government. As part of the implementation of this article, the 73rd Constitutional Amendment was made in 1992 which gave constitutional status to Panchayati Raj.

• Article 41 Right to work, education and, in some cases, public assistance As per Article, the State shall, within the limits of its economic power and development, endeavor to ensure the right to work, the right to education and the right to receive public assistance in the event of unemployment, old age, illness and disability. Article 41 includes the right to work. As part of the implementation of Article-41 Community Development Program Mountain, Area Development Program, Jawahar Rozgar Yojana 1989, Drought Probability Picture Program Chaitra Program 1973, Mahatma Gandhi National Rural Employment Guarantee Scheme 2006, Suvarna Jayanti Gram Swarojgar Yojana 1999. 

• Apart from this, schemes like Atal Vriddhavastha Pension Yojana have also been made. Article 46 The State shall make provision for justice and humane treatment of work and provision for maternity assistance. As part of the implementation of Article 42, programs such as the Maternity Act 1961 and the Janani Suraksha Yojana have been implemented.

• Article-46 : Provision of wages for workers

• In accordance with Article 46, the State shall endeavor to provide the village subsistence wage as well as the standard of living and the scope and social and cultural opportunities to all workers of the agro-industry or any other type by means of appropriate laws or economic arrangements or otherwise. According to this article, in the rural areas of the state, individual songs will pay special attention to the upliftment of housing industries on individual or co-operative basis.