- Part-IV of the constitution – Art. 36 to 51.
- Borrowed from the Constitution of Ireland.
- These directives provide the ideals which the Union and the State governments must keep in mind while formulating a policy or passing a law. The DPSPs constitute a comprehensive social and economic objective for a modern democratic state.
- While fundamental rights provide the political pillar of Indian democracy, its social and economic pillars are provided by DPSPs.
Non Justifiable in nature
- FRs are Justifiable rights but DPSPs are non-justifiable rights.
- Although DPSPs were no less important than fundamental rights yet they entailed financial back-up to implement them.
- Since the Indian state had and still has limited economic capacity, making DPSPs justifiable would have put the state in a tight situation. This fact explains why DPSPs were deliberately made non-justifiable.
- Despite being non-justifiable importance of DPSPs has been stated in Art. 37 which declares that although the DPSPs are non-justifiable, they should be considered fundamental in the governance of the country.
What are the different categories of DPSPs?
What is socialism?
Socialism is an economic theory of social organization that believes that the means of making, moving, and trading wealth should be owned or controlled by the community as a whole
- Adequate means of livelihood for all citizens
- Fair distribution of wealth and material resources among all classes and to prevent concentration of wealth in a few hands .e.g. in India we see few percentage of population belongs to rich class and large no belongs to below poverty line
- How can we achieve this?
- Taxation policies of Government
- Government policies like -National Family Benefit Scheme (NFBS), National Rural Employment Guarantee Act (NREGA), Pradhan Mantri Gramin Awaas Yojana
- Equal pay for equal work for men as well as women; In rural areas or in urban areas on construction sites we can see men and women have different wages
- What can be done? - Make women realize their rights. - Equal Remuneration Act, 1973 provides for payment of equal remuneration to men and women workers for the same work of similar nature without any discrimination. In order to ensure social security to the workers including women in the unorganized sector, the Government has enacted the Unorganized Workers’ Social Security Act 2008
- To secure just and humane conditions of work and maternity relief.-Generally speaking, working conditions cover a broad range of topics and issues, from working time (hours of work, rest periods, and work schedules) to remuneration, as well as the physical conditions and mental demands that exist in the workplace.The Maternity Benefit Act, 1961 regulates employment of women in certain establishments for a certain period (12 weeks) before and after childbirth and provides for maternity and other benefits.Indira Gandhi Matritva Sahyog Yojana (IGMSY) Scheme is being implemented as Conditional Maternity Benefit for pregnant and lactating women to improve health and nutrition status to better enabling environment by providing cash incentives to pregnant and nursing mothers to partly compensate wage loss both prior to and after delivery.
They represent the programmme of reconstruction enunciated by Gandhi during the national struggle
- To organize village Panchayats and to endowing them with such powers and authority as may be necessary to enable them to function as units of self-government.
- Work - For this the Parliament enacted 73rd amendment act in 1993 after detailed analysis various committees. Can you enlist such committees, and compare their reports?
- To promote cottage industries on individual or co-operative basis in rural areas;
- The safeguard and promote the educational and economic interests or the scheduled castes and scheduled tribe - For this various scholarships and free ships are given on the regular basis. E.g. Chatrapati Shahu Maharaj Scholarship
- Work- Enlist such scholarship and their criteria for the state of Maharashtra
- To bring about the prohibition and consumption of intoxicating liquor For example - banning liquor at highways by the order of Hon’ble High Court Mumbai through the means of judicial activism
- To organize agriculture and animal husbandry on modern and scientific lines and in particular prohibit slaughter of cows. Eg. Beef ban in Maharashtra and other states.
- Work – Discuss in two groups whether beef ban is valid or not. Make one group supporting while other opposing the argument.
Liberalism, political doctrine that takes protecting and enhancing the freedom of the individual to be the central problem of politics. Liberals typically believe that government is necessary to protect individuals from being harmed by others, but they also recognize that government itself can pose a threat to liberty.
- To secure uniform and liberal code of law for all citizens of India;
- To separate the judiciary from the executive; in India we have independent judiciary
- To raise the standard of nutrition and standard of living of the people; g. national nutrition policy of government, mid day meal etc
- To protect monuments of historical and national interest.
- Equal justice and free legal aid to economically backward classes;
- Participation of workers in management of organizations engaged in any industry;
- Promotion and improvement of environment and safeguarding of forests and wild life.
Protecting India's Monuments
Need for Protecting Heritage sites
- It has invaluable potential to contribute to our knowledge of not just history and the arts, but also science and technology.
- Historic cities are examples of sustainable development.
- They demonstrate complex connections of man with nature.
- They act as significant constituent in the identity of cities.
Amendment to the Ancient Monuments and Archaeological Sites and Remains Act (AMASR),1958
- Protected monuments, from the Taj Mahal to the monuments of Mamallapuram, have a designated prohibited area at least a 100 m radius to protect them, where no new construction is allowed.
- The government has approved changes to the AMASR Act, 1958 to allow “public works” near these structures.
Why is this zoning necessary
- To prevent monuments from defacement and displacement as they are vulnerable to human interference.
- To prevent encroachments by government agencies and individuals.
- The 2013 report of CAG noted that of the 1,655 monuments, 546 of them were encroached.
- The construction methods and tools may cause great loss to structurally weak monuments due to vibrations and particulate pollutants.
Why is Amendment Important?
- To offer public a better transport and communication facilities.
- It is argued that the establishment of commercial structures around the monuments could generate the resources for the ASI which could be used in better protection of the monument itself.
- To provide public works and projects essential to public.
- Allowing public works in the vicinity of a protected monument will defeat the very purpose of the AMASR Act and will be a violation of Article 49 of the Constitution.
- There are possibilities that the Ministry of Culture would act as facilitator of projects rather than offering protection to the monuments.
- The Beauty and Aesthetic looks of the monuments would suffer due to the rise in structures in the immediate vicinity of the monuments.
DPSPs at Work
A number of legislations have been enacted by both Central and State governments to implement various directive principles.
- Art. 39(b) – Agriculture Land Ceiling Acts were passed. All these are relatable to
- Art. 40 – Under 73rd and 74th Amendments, powers have been conferred on Zilla Parishads, Municipalities and Panchayats.
- Art. 39 (b) and (c) – In 1971 fourteen banks were nationalized. During the seventies many industries were taken over by the government.
- Art. 39 (d) – Legislation guaranteeing equal pay for equal work is relatable to.
- Art. 43 – The 26th Amendment of the Constitution made in 1971 abolished the privy purses, which were granted to the Rulers of Indian States. Various Boards and Commissions have been established by the State. Some of them are Khaadi and Village industries Commission, All India Handicraft Board. All India Handloom Board, Silk Board and Coir Board.
- Art. 48 – Many States have enacted laws to prohibit slaughter of cows and bullocks.
- Arts. 41, 42, 43A – The numerous Acts pertaining to labour, e.g., Minimum Wages Act, Workmen Compensation Act, Maternity Benefit Act, Industrial Employment (Standing Orders) Act, The Factories Act etc.
• It should be remembered that the Preamble, the FRs and the DPSPs are all integral parts of the same constitutional edifice.
• They are all equally important and have to be read with each other.
• The emphasis in the entire scheme of the Constitution under the headings of the Preamble, the Fundamental Rights and the Directive Principles is on building an egalitarian society and on the concept of socio-economic justice.
• The Fundamental Rights and the Directive Principles together constituted the soul of the Constitution.