Wednesday, April 1, 2020

Directive Principles

Introduction

  • A list of policy guidelines is included in the Constitution known as “the Directive Principles of State Policy” (DPSP).
  • These guidelines are ‘non-justifiable’, i.e., parts of the Constitution that cannot be enforced by the judiciary.
Directive Principles

Goals of DPSP

  • Following are the significant Goals of DPSP −
    • Welfare of the people; Social, economic, and political justice;
    • Raising the standard of living; equitable distribution of resources;
    • Promotion of international peace.

Policies of DPSP

  • Following are the important Policies of DPSP −
    • Uniform civil code;
    • Prohibition of consumption of alcoholic liquor;
    • Promotion of cottage industries;
    • Prevention of slaughter of useful cattle;
    • Promotion of village panchayats

Non - Justifiable rights of DPSP

  • Following are the major non-justifiable rights of DPSP −
    • Adequate livelihood;
    • Equal pay for equal work for men and women;
    • Right against economic exploitation;
    • Right to work; and
    • Early childhood care and education to children below the age of six years.

Difference between DPSP & FR

  • Following are the major differences between the Fundamental Rights and the Directive Principles of State Policy −
    • The Fundamental Rights mainly protect the rights of individuals, while the directive principles ensure the well-being of the entire society.
    • The Fundamental Rights are justifiable and can be claimed in the court of law, whereas the Directive Principles of State Policy cannot be enforced by the judiciary.
    • The Fundamental Rights restrain the government from doing certain things, while the Directive Principles of State Policy insist the government to do certain things.
  • Regarding the Right to Property, the Constitution made it clear that property could be taken away by the government for public welfare.
  • In 1973, the Supreme Court gave a decision that the Right to Property was not a part of the basic structure of the Constitution and therefore, the Parliament has the power to abridge this right by an amendment.
  • In 1978, the 44th amendment to the Constitution removed the Right to Property from the list of Fundamental Rights and transformed it into a simple legal right under Article 300 A.

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