- Classification of Directive Principles of State Policy’s:-
- Economic ideals the state should strive for.
- Directions to legislature & Executive how to exercise their powers.
- Certain rights that could be enforced by legislative and administrative policy.
- Scope of the Directives:-
It should be the duty of the state follow these principles in administration and making of laws as well i.e. object of the state. (Welfare state not police state) for establishment of economic & social democracy.
- Established of “For Socialistic Pattern of Society”:-
- Socialism means not cutting pockets & distribution.
- That every individual in the state have equal opportunity for progress.
- By the 42nd Amdmt. Of 1976:-
- “Socialist” word into preamble.
- Art 39A – free legal aid to poor & suitable steps to ensure equal justice to all.
- Art 43A – Participation of workers in the management of industry & other undertakings.
Were added into the ©, making it a socialistic bias.
- By 44th Amdmt. Act of 1978:-
- Cl (2) in Art 38 is added.
- To minimize & eliminate inequality among people.
- This Art has to be read with elimination of the FR to property
- By Adment
- Directive Principles of State Policy’s compared with FR’s:-
- While FR’s are limitations on state action, Directive Principles of State Policy’s are like instructions to the Government.
- Directives have to be implemented by legislation.
- Directive Principles of State Policy’s are not justiciable rights i.e. cannot be enforceable in the courts.
- Conflict between FR’s & Directive Principles of State Policy’s:-
In 1951, SC laid down that while FR’s are justiciable, Directive Principles of State Policy’s are non-justiciable. Any law of the legislature to implement Directive Principles of State Policy, if violating any FR than FR would prevail.
But in 24th Amdment Act of 1971 Art31C introduced and expanded by the © 42nd amdment Act says that Directive Principles of State Policy’s themselves are not enforceable an law to enforce them cannot be declared invalid by the courts on the grounds of violation of FR’s conferred by Art14 and Art 19.
Hence Directive Principles of State Policy’s given primary over FR’s.. KB case SC, B of of © defined & said FR’s are amenable subject to B.f. of © 42nd amdmt. 1976-Art36B amend anything No in court
But SC in Minerva mills case has struck down the “Expansion” of Art 31C [of 42nd Amdmt.] saying (1) that it violates the “basic structure” of the ©.. [and invalidated Art 36B amend anything no government in court clause also]
As a result, Art 31C is restored to its prl-1976 [42nd Amdmt] position. I.e. Art31C would protect the implementation of only 39(b)(c) directive and not any other Directive Principles of State Policy’s from declaring invalid by court’s on grounds of violation of FR’s.
39 (b) ownership & control of material resources of the community distributed
© conc. Of wealth & means of prod (not)
(2) a fine balance b/f FR’s & Directives to be maintained by courts.
- FR’S & Directive Principles of State Policy’s are two wheels of a chariot as an aid to make social & economic democracy a truism.
- Sanction behind the Directives:
- Whether Art 355, 365 can be applied to enforce implementation of Directive Principles of State Policy’s by the states.
Art 355: It shall be the duty of the Union. To ensure that the government of every state is carried on in accordance with the provisions of this ©..
It is the duty of union to see that states take steps for implementing the Directive Principles of State Policy’s, hence if any state refuses to comply with such directions of union than Art 365 [President’s rule] can be imposed, otherwise part IV would remaina dead letter.
- Utility of the Directives:-
- There are of educative value to remind those in power to introduce “socialism in the economic sphere”.
- Court should keep in mind that Directive Principles of State Policy’s are not in conflict with but complimentary to FR’s.
- SC in certain cases asked government to achieve the goals envisaged in the Directive Principles of State Policy’s
- Implementation of Directive Principles of State Policy’s:-
- Implemented Art 39(b), that the state should secure the ownership and control of the material resources of the community and distribute it for common good.
- Land was distributed to landless agricultures by fixing a ceiling to those who own large land holdings to prevent the concentration.
- To implement Art40, to organize village panchayat, not it just civic functions but judicial FC’s also.
- Art 43 for the promotion of cottage industries.
- Art45 to implement compulsory primary edn.,
- Art47 to raise the standard of living. Government launched CDP, IRDP, NREP etc.,
- Art47 Prohibition of intoxicatry drinks & drugs.
- Art 50 seperation of Exective from the Judiciary.
- Directives contained in other parts of the ©:-
- Art 350(A): Adequate facilities for instruction in the mother-tongue at the primary stage of edn. To children belonging to linguistic minority groups.
- Art 351: to promote Hindi language.
- Art 335: Claims of SC’s & ST’s to be taken into consideration for appointment to posts.
Read Directive Principles of State Policy’s