Wednesday, 20 August 2014

DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES


http://download.nos.org/srsec317newE/317EL7.pdf
The Directive Principles of State Policy are included in Part IV of the Constitution. Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states. The idea of Directive Principles of State Policy has been taken from the Irish Republic. 


The framers of the Constitution included them with a special purpose of bringing about social and economic equality, in order to provide economic justice and to avoid concentration of wealth in the hands of a few peopleThese principles give directions to the state for making laws and policies for the collective good of the people. These Principles are non justiciable and are not enforceable by the Courts of law. But they are nevertheless fundamental to the governance of country.

The Directive Principles lay stress on universalisation of education, abolition of child labour and improvement of the status of women. They provide a framework for establishing welfare state and achieving economic and social democracy. There are important differences between the Fundamental Rights and Directive Principles.

The former are justiciable and positive in nature. At the same time, there is close relationship between the two. They are equally important to bring social and economic democracy in practice. The Courts have been laying stress on the implementation of Directive Principles.Rights and Duties are two sides of the same coin. In the interest of the well being and progress of the society, Rights and Duties must be adhered to equally by all.

Classification Of The Directive Principles

Directive Principles of State Policy have been grouped into four categories. These are:
 (1) the economic and social principles,
 (2) the Gandhian principles, 
(3) Principles and Policies relating to international peace and security and 
(4) miscellaneous.

(i)The economic and social Principles

The state shall endeavour to achieve Social and Economic welfare of the people by:
(1) providing adequate means of livelihood for both men and women.
(2) reorganizing the economic system in a way to avoid concentration of wealth in few
hands.
(3) securing equal pay for equal work for both men and women.
(4) securing suitable employment and healthy working conditions for men, women and
children.
(5) guarding the children against exploitation and moral degradation.
(6) making effective provisions for securing the right to work, education and public
assistance in case of unemployment, old age, sickness and disablement.
(7) making provisions for securing just and humane conditions of work and for maternity
relief.
(8) taking steps to secure the participation of workers in the management of undertakings
etc.
(9) promoting education and economic interests of working sections of the people
especially the SCs and STs
(10) securing for all the workers reasonable leisure and cultural opportunities.
(11) making efforts to raise the standard of living and public health.
(12) providing early childhood care and education to all children until they complete the

age of 6 years

(ii)The Gandhian Principles- There are certain principles, based on the ideals advocated by Mahatma Gandhi. These Principles are as follows : -

(1) To organize village Panchayats.
(2) To promote cottage industries in rural areas.
(3) To prohibit intoxicating drinks and drugs that are injurious to health.
(4) To preserve and improve the breeds of the cattle and prohibit slaughter of cows,
calves and other milch and drought animals.


(iii)Directive Principles of State Policy Relating To Internaional Peace And Security : India should render active cooperation for world peace and security and for that the state shall endeavour to : -

(1) promote international peace and security.
(2) maintain just and honourable relations between nations.
(3) foster respect for international laws and treaty obligations.
(4) encourage settlements of international disputes by mutual agreem

(iv)Miscellaneous

The Directive Principles in this category call upon the state : -
(1) To secure for all Indians a uniform civil code.
(2) To protect historical monuments.
(3) To save environment from pollution and protect wild life.
(4) To make arrangements for disbursement of free legal justice through suitable
legislation.

Distinction between Fundamental Rights and Directive

 Fundamental Rights and Directive Principles of State Policy,which are playing an important role in the establishment of the political and socio-economic society in India, it is important for you to learn about the distinction between the two. The Fundamental Rights are claims of the citizens recognized by the state. They are in the nature of denial of certain authority to the government. They are, therefore, negative in nature. The Directive Principles are like positive directions that the government at all levels must follow to contribute to the establishment social and economic democracy in India.

Relationship between Fundamental Rights and Directive Principles

 Fundamental Rights and Directive Principles are complementary and supplementary to each other.
Whereas the Fundamental Rights establish political democracy, the Directive Principles establish economic and social democracy. No government can afford to ignore them while formulating its plans and policies as it is responsible for all its actions to the people in general. Although there is no legal sanction behind these principles, the ultimate sanction lies with the people.  our Constitution aims at bringing about a synthesis between Fundamental Rights and Directive Principles of state policy. Together, they form the core of the Constitution.

0 comments:

Post a Comment