Directive principles of state policy &

Fundamental Duties
 Directive Principles of State Policy
➢ These provisions, contained in Part IV (Article 36–51) of the Constitution of India, are not
enforceable by any court.
➢ The framers of the Constitution borrowed this idea from the Irish Constitution of 1937,
which had copied it from the Spanish Constitution.
➢ Dr. B.R. Ambedkar describes these principles as “noble features” of the Indian
Constitution.
➢ The directive principles along with the Fundamental Rights contain the philosophy of the
Constitution and is the soul of the Constitution.
➢ Granville Austin has described the Directive Principles and Fundamental Rights as the
“Conscience of the constitution”.
 Directive Principles of State Policy
➢ Features of Directive Principles:
➢ The State should keep in mind while formulating polices and enacting
laws.
➢ These are the Constitutional instructions or recommendations to the
State in legislative, executive and administrative matters.
➢ The Directive Principles of constitute a very comprehensive economic,
social and political programme for a modern democratic States. They
aim at realizing the high ideals of Justice, liberty, equality and fraternity
as outlined in the preamble to the Constitution.
 Directive Principles of State Policy
➢ Features of Directive Principles:
➢ The Directive Principles are non Justiciable in nature, that is they are not
legally enforceable by the court for their violation.
➢ The Directive Principles, though non-justiciable in nature, help in
examining and determining the constitutional validity of law.
➢ They embody the concept of a welfare state and not that of a police state.
➢ To establish economic and social democracy in the country.
 Directive Principles of State Policy
➢ They can be classified classified into three broad categories, such as socialist, Ghandhian
and liberal- intellectual.
➢ Socialist principles:
➢ Article 39 - Certain principles of policy to be the State
➢ Article 39 A - Equal justice and free legal aid
➢ Article 41 - Right to work, to education and to public assistance in certain cases
➢ Article 42 - Provisions for just and human conditions of work and maternity relief
 Directive Principles of State Policy
➢ Article 47 - Duty of the state to raise the level of nutrition and the standard of living and
to improve public health
➢ Gandhian Principles:
➢ Article 40 - Organization of village panchayats
➢ Article 43 - Living wage for workers
➢ Article 43 A - Participation of workers in management of industries
➢ Article 46 - Promotion of educational and economic interests of Schedules Castes,
Schedules Tribes and other weaker sections
 Directive Principles of State Policy
➢ Article 47- The Constitution of India is one of the Directive Principles which directs the
State to raise the level of nutrition and the standard of living and to improve public health.
➢ Article 48 - of Indian Constitution the state shall endeavor to organize agriculture and
animal husbandry on modern and scientific lines
 Directive Principles of State Policy
➢ Liberal-Intellectual principles:
➢ Article 44 - Uniform civil code for the citizens
➢ Article 45 - Provision for early childhood care and education to children below the
age of six years
➢ Article 48 - Organization of agriculture and animal husbandry
➢ Article 48 A - Protection and improvement of environment and safeguarding of forests and
wild life
➢ Article 49 - Protection of monuments and places and objects of national importance
➢ Article 50 - Separation of judiciary from executive
➢ Article 51 - Promotion of international peace and security
 Difference between FR and DPSP
➢ FR
➢ The democratic political system has been established by providing the FRs.
➢ FRs are subject to court of law at any point of time if anybody feels that his FRs are being
violated.
➢ FRs can be suspended except the rights mentioned in Article 20 and 21 during emergency.
➢ FRs are assumed negatively sometimes, because of their restrictive attitudes towards the
states.
➢ The fundamental rights are a bit limited in its scope.
 Difference between FR and DPSP
➢ DPSP:
➢ The economic welfare of the state is established by the implementation of the
DPSPs.
➢ DPSPs are not enforceable by the court of law.
➢ DPSPs can never be suspended under any condition.
➢ DPSPs are always affirmative because they direct the states for definite activity.
➢ The scope of Directive Principles of state Policy is endless. In DPSPs, the
political, administrative, economic and subjects like international peace are also
include.
 Fundamental Duties
Part - IV A
➢ Fundamental Duties of the citizens of India mentioned in Article 51A of the
Indian Constitution. By the 42nd Amendment of the Constitution, adopted in
1976.
➢ Part IV-A of the Constitution in accordance with the recommendations of the
Swaran Singh Committee in order to bring out Constitution in line with Article
29 (1) of the Universal Declaration of Human Rights, 1948 and the
Constitutions of countries like Japan, China, U.S.S.R. etc.
 Fundamental Duties
Part – IV A
➢ It shall be the duty of every citizens of India:
➢ a) to abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem.
➢ b) to cherish and follow the noble ideals which inspired our national struggle
for freedom;
➢ c) to uphold and protect the sovereignty, unity and integrity of India;
 Fundamental Duties
Part - IV A
➢ It shall be the duty of every citizens of India:
➢ d) to defend the country and render national service when called upon to do so;
➢ e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;
➢ f) to value and preserve the rich heritage of our composite culture;
 Fundamental Duties
Part - IV A
➢ It shall be the duty of every citizens of India:
g) to protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures;
h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
i) to safeguard public property and to abjure violence;
 Fundamental Duties
Part - IV A
➢ It shall be the duty of every citizens of India:
➢ j) to strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavour and
achievement.
➢ [(k) who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six and fourteen years.]