Page 1
Directive Principles of State Policy (Articles 36
• Directive Principles of Stat
Contitution were borrowed from Article 45 of
Ireland which had further
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
• The idea of DPSPs may be seen similar to the
Instructions incorporated in GOI Act 1935.
Governor-General and to the
British Government under the
• DPSPs are seen as containing socio
incorporated within Part III of the Const
at hand and the resource constraints that India faced.
welfare state envisaged i
states endeavour to implement DPSPs
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions
contained in this part shall not be enforceable by any court, but the
principle there in lay down are nevertheless
governance of the country and it shall be the duty of the state to
apply these principles in making laws."
merely to the executive but also the legislature to guide them in their
tasks of making laws and policies
• The word 'fundamental', in the governance of 'the country' is described in
rhetorical language, hope, ideals and
government. The principal object in enacting the directive principles
appears to have been to
legislature and executive, the local and other authorities
their success or failure could be judged.
Lecture- 7
Directive Principles of State Policy (Articles 36-51)
Directive Principles of State Policy contained in the Part IV of the Indian
borrowed from Article 45 of the Constitution of
further borrowed them from the Spanish Co
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
of DPSPs may be seen similar to the Instrument of
s incorporated in GOI Act 1935. These were issued to the
General and to the Governors of the colonies of India by the
British Government under the Government of India Act of 1935.
are seen as containing socio-economic rights that were not
incorporated within Part III of the Constitution due to the circumstances
at hand and the resource constraints that India faced. The idea of a
welfare state envisaged in our Constitution can only be achieved if the
tes endeavour to implement DPSPs with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
principle there in lay down are nevertheless fundamental in the
governance of the country and it shall be the duty of the state to
apply these principles in making laws." These are directions given not
merely to the executive but also the legislature to guide them in their
of making laws and policies.
The word 'fundamental', in the governance of 'the country' is described in
ical language, hope, ideals and goals rather than the actual realit
government. The principal object in enacting the directive principles
appears to have been to set standards of achievement before the
legislature and executive, the local and other authorities, by which
their success or failure could be judged.
51)
IV of the Indian
the Constitution of
borrowed them from the Spanish Constitution.
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
issued to the
Governors of the colonies of India by the
Government of India Act of 1935.
economic rights that were not
itution due to the circumstances
idea of a
achieved if the
with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
fundamental in the
governance of the country and it shall be the duty of the state to
These are directions given not
merely to the executive but also the legislature to guide them in their
The word 'fundamental', in the governance of 'the country' is described in
goals rather than the actual reality of
government. The principal object in enacting the directive principles
before the
, by which
Page 2
Directive Principles of State Policy (Articles 36
• Directive Principles of Stat
Contitution were borrowed from Article 45 of
Ireland which had further
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
• The idea of DPSPs may be seen similar to the
Instructions incorporated in GOI Act 1935.
Governor-General and to the
British Government under the
• DPSPs are seen as containing socio
incorporated within Part III of the Const
at hand and the resource constraints that India faced.
welfare state envisaged i
states endeavour to implement DPSPs
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions
contained in this part shall not be enforceable by any court, but the
principle there in lay down are nevertheless
governance of the country and it shall be the duty of the state to
apply these principles in making laws."
merely to the executive but also the legislature to guide them in their
tasks of making laws and policies
• The word 'fundamental', in the governance of 'the country' is described in
rhetorical language, hope, ideals and
government. The principal object in enacting the directive principles
appears to have been to
legislature and executive, the local and other authorities
their success or failure could be judged.
Lecture- 7
Directive Principles of State Policy (Articles 36-51)
Directive Principles of State Policy contained in the Part IV of the Indian
borrowed from Article 45 of the Constitution of
further borrowed them from the Spanish Co
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
of DPSPs may be seen similar to the Instrument of
s incorporated in GOI Act 1935. These were issued to the
General and to the Governors of the colonies of India by the
British Government under the Government of India Act of 1935.
are seen as containing socio-economic rights that were not
incorporated within Part III of the Constitution due to the circumstances
at hand and the resource constraints that India faced. The idea of a
welfare state envisaged in our Constitution can only be achieved if the
tes endeavour to implement DPSPs with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
principle there in lay down are nevertheless fundamental in the
governance of the country and it shall be the duty of the state to
apply these principles in making laws." These are directions given not
merely to the executive but also the legislature to guide them in their
of making laws and policies.
The word 'fundamental', in the governance of 'the country' is described in
ical language, hope, ideals and goals rather than the actual realit
government. The principal object in enacting the directive principles
appears to have been to set standards of achievement before the
legislature and executive, the local and other authorities, by which
their success or failure could be judged.
51)
IV of the Indian
the Constitution of
borrowed them from the Spanish Constitution.
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
issued to the
Governors of the colonies of India by the
Government of India Act of 1935.
economic rights that were not
itution due to the circumstances
idea of a
achieved if the
with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
fundamental in the
governance of the country and it shall be the duty of the state to
These are directions given not
merely to the executive but also the legislature to guide them in their
The word 'fundamental', in the governance of 'the country' is described in
goals rather than the actual reality of
government. The principal object in enacting the directive principles
before the
, by which
• However, these directions are non
Court for their enforcement.
enjoy no legal sanction, they have a powerful p
them.’ The public opinion is a force behind D
Krishnaswamy Iyer argued that while the
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these
• Now the question arises as to why were DPSPs not made enforceable:
• The members of the Constituent Assembly themselves
divided over the DPSPs. Many
unenforceable set of exhortations. Some recommended scrapping the
chapter altogether, while others a
of Part III and the fundamental rights. Still others argued over
of detail that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing
justice alongside concrete policies like prohibition and controlling cow
slaughter.
• While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underly
into the following domains:
r, these directions are non-justiciable and one can’t approach the
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs
enjoy no legal sanction, they have a powerful political sanction backing
The public opinion is a force behind DPSPs. Alladi
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these principles’
Now the question arises as to why were DPSPs not made enforceable:
The members of the Constituent Assembly themselves were deeply
divided over the DPSPs. Many could not see the utility of an
exhortations. Some recommended scrapping the
chapter altogether, while others argued for placing it within the domain
and the fundamental rights. Still others argued over
that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing abstract principles of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underlying philosophy can be categorised
into the following domains:
Lack of sufficient financial resources
Presence of vast diversity and backwardness
Infant democracy-too many pressures
justiciable and one can’t approach the
while DPSPs
olitical sanction backing
e neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
Now the question arises as to why were DPSPs not made enforceable:
were deeply
of an
exhortations. Some recommended scrapping the
placing it within the domain
and the fundamental rights. Still others argued over the level
that the DPSPs set out. And some of them pointed out the
of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
ing philosophy can be categorised
ient financial resources
vast diversity and backwardness
too many pressures
Page 3
Directive Principles of State Policy (Articles 36
• Directive Principles of Stat
Contitution were borrowed from Article 45 of
Ireland which had further
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
• The idea of DPSPs may be seen similar to the
Instructions incorporated in GOI Act 1935.
Governor-General and to the
British Government under the
• DPSPs are seen as containing socio
incorporated within Part III of the Const
at hand and the resource constraints that India faced.
welfare state envisaged i
states endeavour to implement DPSPs
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions
contained in this part shall not be enforceable by any court, but the
principle there in lay down are nevertheless
governance of the country and it shall be the duty of the state to
apply these principles in making laws."
merely to the executive but also the legislature to guide them in their
tasks of making laws and policies
• The word 'fundamental', in the governance of 'the country' is described in
rhetorical language, hope, ideals and
government. The principal object in enacting the directive principles
appears to have been to
legislature and executive, the local and other authorities
their success or failure could be judged.
Lecture- 7
Directive Principles of State Policy (Articles 36-51)
Directive Principles of State Policy contained in the Part IV of the Indian
borrowed from Article 45 of the Constitution of
further borrowed them from the Spanish Co
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
of DPSPs may be seen similar to the Instrument of
s incorporated in GOI Act 1935. These were issued to the
General and to the Governors of the colonies of India by the
British Government under the Government of India Act of 1935.
are seen as containing socio-economic rights that were not
incorporated within Part III of the Constitution due to the circumstances
at hand and the resource constraints that India faced. The idea of a
welfare state envisaged in our Constitution can only be achieved if the
tes endeavour to implement DPSPs with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
principle there in lay down are nevertheless fundamental in the
governance of the country and it shall be the duty of the state to
apply these principles in making laws." These are directions given not
merely to the executive but also the legislature to guide them in their
of making laws and policies.
The word 'fundamental', in the governance of 'the country' is described in
ical language, hope, ideals and goals rather than the actual realit
government. The principal object in enacting the directive principles
appears to have been to set standards of achievement before the
legislature and executive, the local and other authorities, by which
their success or failure could be judged.
51)
IV of the Indian
the Constitution of
borrowed them from the Spanish Constitution.
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
issued to the
Governors of the colonies of India by the
Government of India Act of 1935.
economic rights that were not
itution due to the circumstances
idea of a
achieved if the
with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
fundamental in the
governance of the country and it shall be the duty of the state to
These are directions given not
merely to the executive but also the legislature to guide them in their
The word 'fundamental', in the governance of 'the country' is described in
goals rather than the actual reality of
government. The principal object in enacting the directive principles
before the
, by which
• However, these directions are non
Court for their enforcement.
enjoy no legal sanction, they have a powerful p
them.’ The public opinion is a force behind D
Krishnaswamy Iyer argued that while the
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these
• Now the question arises as to why were DPSPs not made enforceable:
• The members of the Constituent Assembly themselves
divided over the DPSPs. Many
unenforceable set of exhortations. Some recommended scrapping the
chapter altogether, while others a
of Part III and the fundamental rights. Still others argued over
of detail that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing
justice alongside concrete policies like prohibition and controlling cow
slaughter.
• While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underly
into the following domains:
r, these directions are non-justiciable and one can’t approach the
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs
enjoy no legal sanction, they have a powerful political sanction backing
The public opinion is a force behind DPSPs. Alladi
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these principles’
Now the question arises as to why were DPSPs not made enforceable:
The members of the Constituent Assembly themselves were deeply
divided over the DPSPs. Many could not see the utility of an
exhortations. Some recommended scrapping the
chapter altogether, while others argued for placing it within the domain
and the fundamental rights. Still others argued over
that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing abstract principles of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underlying philosophy can be categorised
into the following domains:
Lack of sufficient financial resources
Presence of vast diversity and backwardness
Infant democracy-too many pressures
justiciable and one can’t approach the
while DPSPs
olitical sanction backing
e neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
Now the question arises as to why were DPSPs not made enforceable:
were deeply
of an
exhortations. Some recommended scrapping the
placing it within the domain
and the fundamental rights. Still others argued over the level
that the DPSPs set out. And some of them pointed out the
of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
ing philosophy can be categorised
ient financial resources
vast diversity and backwardness
too many pressures
Socialist/ Welfarist:
Articles
38
Promote the welfare of the people
social, economic and political justice
M
and opportu
39
Right to adequate means of livelihood
Equitable distribution of material resources
Prevention of concentration of wealth and means
of production
Equal pay for equal work
Preservation of the health and strength of workers
and children
H
39 A
Free legal aid to poor to promote equal justice
(42
41
Right to work and education
Public assistance for unemployment, old age,
sickness and disability
42
just and humane conditions of work and materni
relief
43
Living wage
Decent standard of living
Social and Cultural opportunities for workers
Provisions
romote the welfare of the people by ensuring
social, economic and political justice
Minimise inequalities in income, status, facilities
and opportunities (44
th
AA)
ight to adequate means of livelihood
quitable distribution of material resources
revention of concentration of wealth and means
of production
Equal pay for equal work
reservation of the health and strength of workers
and children
Healthy development of children (42
nd
AA)
Free legal aid to poor to promote equal justice
(42
nd
AA)
Right to work and education
Public assistance for unemployment, old age,
sickness and disability
just and humane conditions of work and materni
relief
Living wage
Decent standard of living
Social and Cultural opportunities for workers
by ensuring
inimise inequalities in income, status, facilities
quitable distribution of material resources
revention of concentration of wealth and means
reservation of the health and strength of workers
AA)
Free legal aid to poor to promote equal justice
Public assistance for unemployment, old age,
just and humane conditions of work and maternity
Social and Cultural opportunities for workers
Page 4
Directive Principles of State Policy (Articles 36
• Directive Principles of Stat
Contitution were borrowed from Article 45 of
Ireland which had further
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
• The idea of DPSPs may be seen similar to the
Instructions incorporated in GOI Act 1935.
Governor-General and to the
British Government under the
• DPSPs are seen as containing socio
incorporated within Part III of the Const
at hand and the resource constraints that India faced.
welfare state envisaged i
states endeavour to implement DPSPs
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions
contained in this part shall not be enforceable by any court, but the
principle there in lay down are nevertheless
governance of the country and it shall be the duty of the state to
apply these principles in making laws."
merely to the executive but also the legislature to guide them in their
tasks of making laws and policies
• The word 'fundamental', in the governance of 'the country' is described in
rhetorical language, hope, ideals and
government. The principal object in enacting the directive principles
appears to have been to
legislature and executive, the local and other authorities
their success or failure could be judged.
Lecture- 7
Directive Principles of State Policy (Articles 36-51)
Directive Principles of State Policy contained in the Part IV of the Indian
borrowed from Article 45 of the Constitution of
further borrowed them from the Spanish Co
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
of DPSPs may be seen similar to the Instrument of
s incorporated in GOI Act 1935. These were issued to the
General and to the Governors of the colonies of India by the
British Government under the Government of India Act of 1935.
are seen as containing socio-economic rights that were not
incorporated within Part III of the Constitution due to the circumstances
at hand and the resource constraints that India faced. The idea of a
welfare state envisaged in our Constitution can only be achieved if the
tes endeavour to implement DPSPs with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
principle there in lay down are nevertheless fundamental in the
governance of the country and it shall be the duty of the state to
apply these principles in making laws." These are directions given not
merely to the executive but also the legislature to guide them in their
of making laws and policies.
The word 'fundamental', in the governance of 'the country' is described in
ical language, hope, ideals and goals rather than the actual realit
government. The principal object in enacting the directive principles
appears to have been to set standards of achievement before the
legislature and executive, the local and other authorities, by which
their success or failure could be judged.
51)
IV of the Indian
the Constitution of
borrowed them from the Spanish Constitution.
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
issued to the
Governors of the colonies of India by the
Government of India Act of 1935.
economic rights that were not
itution due to the circumstances
idea of a
achieved if the
with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
fundamental in the
governance of the country and it shall be the duty of the state to
These are directions given not
merely to the executive but also the legislature to guide them in their
The word 'fundamental', in the governance of 'the country' is described in
goals rather than the actual reality of
government. The principal object in enacting the directive principles
before the
, by which
• However, these directions are non
Court for their enforcement.
enjoy no legal sanction, they have a powerful p
them.’ The public opinion is a force behind D
Krishnaswamy Iyer argued that while the
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these
• Now the question arises as to why were DPSPs not made enforceable:
• The members of the Constituent Assembly themselves
divided over the DPSPs. Many
unenforceable set of exhortations. Some recommended scrapping the
chapter altogether, while others a
of Part III and the fundamental rights. Still others argued over
of detail that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing
justice alongside concrete policies like prohibition and controlling cow
slaughter.
• While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underly
into the following domains:
r, these directions are non-justiciable and one can’t approach the
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs
enjoy no legal sanction, they have a powerful political sanction backing
The public opinion is a force behind DPSPs. Alladi
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these principles’
Now the question arises as to why were DPSPs not made enforceable:
The members of the Constituent Assembly themselves were deeply
divided over the DPSPs. Many could not see the utility of an
exhortations. Some recommended scrapping the
chapter altogether, while others argued for placing it within the domain
and the fundamental rights. Still others argued over
that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing abstract principles of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underlying philosophy can be categorised
into the following domains:
Lack of sufficient financial resources
Presence of vast diversity and backwardness
Infant democracy-too many pressures
justiciable and one can’t approach the
while DPSPs
olitical sanction backing
e neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
Now the question arises as to why were DPSPs not made enforceable:
were deeply
of an
exhortations. Some recommended scrapping the
placing it within the domain
and the fundamental rights. Still others argued over the level
that the DPSPs set out. And some of them pointed out the
of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
ing philosophy can be categorised
ient financial resources
vast diversity and backwardness
too many pressures
Socialist/ Welfarist:
Articles
38
Promote the welfare of the people
social, economic and political justice
M
and opportu
39
Right to adequate means of livelihood
Equitable distribution of material resources
Prevention of concentration of wealth and means
of production
Equal pay for equal work
Preservation of the health and strength of workers
and children
H
39 A
Free legal aid to poor to promote equal justice
(42
41
Right to work and education
Public assistance for unemployment, old age,
sickness and disability
42
just and humane conditions of work and materni
relief
43
Living wage
Decent standard of living
Social and Cultural opportunities for workers
Provisions
romote the welfare of the people by ensuring
social, economic and political justice
Minimise inequalities in income, status, facilities
and opportunities (44
th
AA)
ight to adequate means of livelihood
quitable distribution of material resources
revention of concentration of wealth and means
of production
Equal pay for equal work
reservation of the health and strength of workers
and children
Healthy development of children (42
nd
AA)
Free legal aid to poor to promote equal justice
(42
nd
AA)
Right to work and education
Public assistance for unemployment, old age,
sickness and disability
just and humane conditions of work and materni
relief
Living wage
Decent standard of living
Social and Cultural opportunities for workers
by ensuring
inimise inequalities in income, status, facilities
quitable distribution of material resources
revention of concentration of wealth and means
reservation of the health and strength of workers
AA)
Free legal aid to poor to promote equal justice
Public assistance for unemployment, old age,
just and humane conditions of work and maternity
Social and Cultural opportunities for workers
43 A
Participation of workers in management of
industries
47
Increase level of nutrition and standard of living
Improve public health
Gandhian:
Articles Provisions
40
Village panchayats as units of local self
government
43
Promotion of individual and cooperative cottage
industries in rural areas
43 B
Promotion of cooperative societies
46
Promote educational and economic interests
SCs, STs and weaker sections
Safeguard them from exploitation and social
injustice
47
Prohibit the consumption of intoxicating drinks
and drugs
48
Prohibit cow
Liberal-Intellectual:
Articles
Participation of workers in management of
industries (42
nd
AA)
Increase level of nutrition and standard of living
Improve public health
Provisions
Village panchayats as units of local self
government
Promotion of individual and cooperative cottage
industries in rural areas
Promotion of cooperative societies (97
th
AA)
Promote educational and economic interests
SCs, STs and weaker sections
Safeguard them from exploitation and social
injustice
Prohibit the consumption of intoxicating drinks
and drugs
Prohibit cow, milch and draught cattle slaughter
Provisions
Participation of workers in management of
Increase level of nutrition and standard of living
Promotion of individual and cooperative cottage
AA)
Promote educational and economic interests of
Safeguard them from exploitation and social
Prohibit the consumption of intoxicating drinks
slaughter
Page 5
Directive Principles of State Policy (Articles 36
• Directive Principles of Stat
Contitution were borrowed from Article 45 of
Ireland which had further
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
• The idea of DPSPs may be seen similar to the
Instructions incorporated in GOI Act 1935.
Governor-General and to the
British Government under the
• DPSPs are seen as containing socio
incorporated within Part III of the Const
at hand and the resource constraints that India faced.
welfare state envisaged i
states endeavour to implement DPSPs
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions
contained in this part shall not be enforceable by any court, but the
principle there in lay down are nevertheless
governance of the country and it shall be the duty of the state to
apply these principles in making laws."
merely to the executive but also the legislature to guide them in their
tasks of making laws and policies
• The word 'fundamental', in the governance of 'the country' is described in
rhetorical language, hope, ideals and
government. The principal object in enacting the directive principles
appears to have been to
legislature and executive, the local and other authorities
their success or failure could be judged.
Lecture- 7
Directive Principles of State Policy (Articles 36-51)
Directive Principles of State Policy contained in the Part IV of the Indian
borrowed from Article 45 of the Constitution of
further borrowed them from the Spanish Co
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
of DPSPs may be seen similar to the Instrument of
s incorporated in GOI Act 1935. These were issued to the
General and to the Governors of the colonies of India by the
British Government under the Government of India Act of 1935.
are seen as containing socio-economic rights that were not
incorporated within Part III of the Constitution due to the circumstances
at hand and the resource constraints that India faced. The idea of a
welfare state envisaged in our Constitution can only be achieved if the
tes endeavour to implement DPSPs with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Rights applies to DPSPs as well.
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
principle there in lay down are nevertheless fundamental in the
governance of the country and it shall be the duty of the state to
apply these principles in making laws." These are directions given not
merely to the executive but also the legislature to guide them in their
of making laws and policies.
The word 'fundamental', in the governance of 'the country' is described in
ical language, hope, ideals and goals rather than the actual realit
government. The principal object in enacting the directive principles
appears to have been to set standards of achievement before the
legislature and executive, the local and other authorities, by which
their success or failure could be judged.
51)
IV of the Indian
the Constitution of
borrowed them from the Spanish Constitution.
Part IV of the Indian Constitution sets out the aims and objectives to
be taken up by the states in the governance of the country.
issued to the
Governors of the colonies of India by the
Government of India Act of 1935.
economic rights that were not
itution due to the circumstances
idea of a
achieved if the
with a high sense of moral duty.
nforms that the meaning of ‘State’ in Part IV is the same as in
Part III. Hence the broad definition of State extended to Fundamental
Article 37 makes the purpose of DPSPs clear. It states, “The provisions
s part shall not be enforceable by any court, but the
fundamental in the
governance of the country and it shall be the duty of the state to
These are directions given not
merely to the executive but also the legislature to guide them in their
The word 'fundamental', in the governance of 'the country' is described in
goals rather than the actual reality of
government. The principal object in enacting the directive principles
before the
, by which
• However, these directions are non
Court for their enforcement.
enjoy no legal sanction, they have a powerful p
them.’ The public opinion is a force behind D
Krishnaswamy Iyer argued that while the
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these
• Now the question arises as to why were DPSPs not made enforceable:
• The members of the Constituent Assembly themselves
divided over the DPSPs. Many
unenforceable set of exhortations. Some recommended scrapping the
chapter altogether, while others a
of Part III and the fundamental rights. Still others argued over
of detail that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing
justice alongside concrete policies like prohibition and controlling cow
slaughter.
• While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underly
into the following domains:
r, these directions are non-justiciable and one can’t approach the
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs
enjoy no legal sanction, they have a powerful political sanction backing
The public opinion is a force behind DPSPs. Alladi
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
can or will ignore these principles’
Now the question arises as to why were DPSPs not made enforceable:
The members of the Constituent Assembly themselves were deeply
divided over the DPSPs. Many could not see the utility of an
exhortations. Some recommended scrapping the
chapter altogether, while others argued for placing it within the domain
and the fundamental rights. Still others argued over
that the DPSPs set out. And some of them pointed out the
contradictions inherent in placing abstract principles of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
The DPSPs according to their underlying philosophy can be categorised
into the following domains:
Lack of sufficient financial resources
Presence of vast diversity and backwardness
Infant democracy-too many pressures
justiciable and one can’t approach the
while DPSPs
olitical sanction backing
e neither justiciable
not enforceable, it would be ‘idle to suggest that any responsible
government or any legislature elected on the basis of universal suffrage
Now the question arises as to why were DPSPs not made enforceable:
were deeply
of an
exhortations. Some recommended scrapping the
placing it within the domain
and the fundamental rights. Still others argued over the level
that the DPSPs set out. And some of them pointed out the
of economic
alongside concrete policies like prohibition and controlling cow
While ensuring certain basic rights to people, the Constitution makers
also wanted DPSPs to become effective instruments for social revolution.
ing philosophy can be categorised
ient financial resources
vast diversity and backwardness
too many pressures
Socialist/ Welfarist:
Articles
38
Promote the welfare of the people
social, economic and political justice
M
and opportu
39
Right to adequate means of livelihood
Equitable distribution of material resources
Prevention of concentration of wealth and means
of production
Equal pay for equal work
Preservation of the health and strength of workers
and children
H
39 A
Free legal aid to poor to promote equal justice
(42
41
Right to work and education
Public assistance for unemployment, old age,
sickness and disability
42
just and humane conditions of work and materni
relief
43
Living wage
Decent standard of living
Social and Cultural opportunities for workers
Provisions
romote the welfare of the people by ensuring
social, economic and political justice
Minimise inequalities in income, status, facilities
and opportunities (44
th
AA)
ight to adequate means of livelihood
quitable distribution of material resources
revention of concentration of wealth and means
of production
Equal pay for equal work
reservation of the health and strength of workers
and children
Healthy development of children (42
nd
AA)
Free legal aid to poor to promote equal justice
(42
nd
AA)
Right to work and education
Public assistance for unemployment, old age,
sickness and disability
just and humane conditions of work and materni
relief
Living wage
Decent standard of living
Social and Cultural opportunities for workers
by ensuring
inimise inequalities in income, status, facilities
quitable distribution of material resources
revention of concentration of wealth and means
reservation of the health and strength of workers
AA)
Free legal aid to poor to promote equal justice
Public assistance for unemployment, old age,
just and humane conditions of work and maternity
Social and Cultural opportunities for workers
43 A
Participation of workers in management of
industries
47
Increase level of nutrition and standard of living
Improve public health
Gandhian:
Articles Provisions
40
Village panchayats as units of local self
government
43
Promotion of individual and cooperative cottage
industries in rural areas
43 B
Promotion of cooperative societies
46
Promote educational and economic interests
SCs, STs and weaker sections
Safeguard them from exploitation and social
injustice
47
Prohibit the consumption of intoxicating drinks
and drugs
48
Prohibit cow
Liberal-Intellectual:
Articles
Participation of workers in management of
industries (42
nd
AA)
Increase level of nutrition and standard of living
Improve public health
Provisions
Village panchayats as units of local self
government
Promotion of individual and cooperative cottage
industries in rural areas
Promotion of cooperative societies (97
th
AA)
Promote educational and economic interests
SCs, STs and weaker sections
Safeguard them from exploitation and social
injustice
Prohibit the consumption of intoxicating drinks
and drugs
Prohibit cow, milch and draught cattle slaughter
Provisions
Participation of workers in management of
Increase level of nutrition and standard of living
Promotion of individual and cooperative cottage
AA)
Promote educational and economic interests of
Safeguard them from exploitation and social
Prohibit the consumption of intoxicating drinks
slaughter
44
Unifor
45
Early childhood care and education till 6 years of
age
48
Animal husbandry on modern and scientific basis
48 A
Protect and improve environment
Safeguard forests and wild life
49
Protect monuments, objects and things
and artistic interest that are of national importance
50
Separate Judiciary from Executive
International Peace and Security:
Apart from the directives/ guidelines found in Part IV, the Constitution also
mentions some others in different parts of the Constitution.
Articles
335
Claims of SCs and STs to
Union and states
350
Instruction in mother tongue for primary
education of children of linguistic minorities by
Article 51
Promote
Foster
obligations
S
Uniform Civil Code
Early childhood care and education till 6 years of
age (86
th
AA)
Animal husbandry on modern and scientific basis
Protect and improve environment
Safeguard forests and wild life (42
nd
AA)
Protect monuments, objects and things of historic
and artistic interest that are of national importance
Separate Judiciary from Executive
International Peace and Security:
Apart from the directives/ guidelines found in Part IV, the Constitution also
mentions some others in different parts of the Constitution. These include:
Provisions
Claims of SCs and STs to services and posts of
Union and states
Instruction in mother tongue for primary
education of children of linguistic minorities by
Promote international peace and security
Foster respect for international law and treaty
obligations
Settlement of international disputes by arbitration
Early childhood care and education till 6 years of
Animal husbandry on modern and scientific basis
AA)
of historic
and artistic interest that are of national importance
Apart from the directives/ guidelines found in Part IV, the Constitution also
These include:
services and posts of
education of children of linguistic minorities by
international peace and security
law and treaty
by arbitration
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