DIRECTIVE PRINCIPLES

DIRECTIVE PRINCIPLES OF STATE POLICY

DIRECTIVE PRINCIPLES OF STATE POLICY

INTRODUCTION:

Directive principles of state policy are the provisions incorporated to alleviate the social and economic interaction of the masses.
A state may be defined in terms of population, territory, sovereignty, government which aims to secure the better functioning of the organs of the constitution of India. Directive principles of state policies are not judicially enforceable. The source from which directive principles are derived is the Irish constitution.

DIRECTIVE PRINCIPLES OF STATE POLICIES:

Article 36 – 51 of the Constitution of India contains the provision of directive principles of state policy. These are the state guidelines that aim to achieve the overall objective laid down in the preamble of the constitution. All the provisions mentioned collectively aim at the welfare of the state. The words such as integrity sovereignty secular are reflected and justified by the directive principles of state policy.

JUDICIAL ENFORCEABILITY OF DIRECTIVE PRINCIPLE:


These provisions which are contained in articles 36-51 are fundamental for the regulation and smooth working of the state but they are not judicially enforceable which means these provisions of our constitution cannot be challenged in any court. More than anything these are the fundamental duties of a state which is to be religiously fulfilled while formulating the governing policies of public welfare. A state cannot formulate any policy which is ultra vires to the directive principles. The whole idea behind the non-enforceability of these principles is that this is a positive obligation on the functioning of the state and the state is ultimately responsible for the welfare of the public at large therefore awakened opinion of the masses matter the most.

FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLE:

If the preamble is the soul of the constitution then we can rightly say that directive principles and fundamental duties are the conscience of our Indian constitution. There exists no antagonism between the two.
The only difference between the two is that fundamental rights are judicially enforceable whereas directive principles are not. On the infringement of any fundamental right, one can always knock the doors of the concerned authority.
Directive principles can never abrogate Fundamental rights. Whenever there is a conflict between the two, the fundamental right shall prevail.

RELEVANT CASE LAWS:

STATE OF MADRAS V. CHAMPAKAM DORAIRAJAN

Supreme court of India has held that in the case of conflict between fundamental rights and directive principles, fundamental rights shall always prevail because Article 37 of the constitution makes directive principles non-enforceable.

IN RE KERELA EDUCATION BILL

Supreme Court held that though directive principles cannot annul the fundamental right but while deciding the scope of the fundamental right, the court can take into consideration the directive principles of state of policy and apply the principle of harmonious construction.

WORKMEN MEENAKSHI MILLS LIMITED V. MEENAKSHI MILLS LIMITED.

Supreme Court held that any restriction imposed for the effective implementation of the directive principle can be termed as a reasonable restriction.

CLASSIFICATION OF DIRECTIVE PRINCIPLES:

1. The social and economic welfare of the state.
2. Social security of the stat.
3. Community welfare

SOCIAL AND ECONOMIC WELFARE OF STATE

Articles 38 and 39 aim at the social and economic welfare of the state.
Article 38 of the constitution of India aims to mitigate inequalities in income and status of the public.
On the other hand, Article 39 aims to secure the following Objectives:

• The citizens of the state shall have equal and adequate means of livelihood.
• efficient distribution of natural resources
• working of state shall not result in the concentration of wealth.
• Equal pay for equal work.
• The health of workers and the tender age of childhood should not be ignored.
• Children should be given a healthy environment to develop.
Articles 38 and 39 inherit the doctrine of distributive justice.

SOCIAL SECURITY OF STATE

The following provisions aim to provide social security to the citizen.
• Free legal aid is embodied under Article 39A.
• Right to work, education, and public assistance have been incorporated by Article 41.
• Just and humane conditions and maternity relief have been provided under Article 42.
• Every worker deserves the basic minimum wage to sustain their livelihood, the concept of the living wage is given under Article 43.
• Participation of workers is provided under Article 43-A.
• Promoting co-operative societies ( Article 43B)
• Education to children below six years of age (Article 45)
• Promotion of education and economic interest of backward and deprived communities (Article 46)
• Raise the level of nutrition and overall health of people (Article 47).

COMMUNITY WELFARE:

Following are the articles which wish to aim at the welfare of the community.
• Organization of village panchayat (Article 40)
• Uniform civil code (Article 44)
• Organization of agriculture and animal husbandry (Article48)
• Protecting and safeguarding our environment and wildlife( Article 48A)
• Protection of monuments and places of national importance (Article 49)
• Separation of judiciary from the executive (Article 50)
• Promotion of international peace and security(Article 51).

CONCLUSION:

To summarize the article, we can conclude that directive principles of state policy are the provisions incorporated to achieve the overall welfare of the state but they are non-justiciable and are non-binding.


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