Essays on the subject matter of our Directive principle (India)

Part IV of the constitution (Articles 36-51) provides the Directive principles of state policy. It shall be the duty of the state to follow these principles both in the matter of administration as well as in the making of laws.

The Directive principles of state policy was aptly described by Dr. Ambedkar as a novel feature of the constitution of India. These Directive principles : are in the nature of general directors or instructions to the state. They embody the objectives and ideals which union and state Government must bear in mind while formulating policy and making laws.

According to L.M. Singhvi: “The Directives are the life giving provisions of the constitution They constitute the stuff off the constitution and its philosophy of social justice.”

These principles are directive to the various Governments and Government ‘agencies to be followed as fundamental in the governance of the country. It shall be the duty of the state to apply these principles in making laws. In short, the Directive principles enshrines the fundamentals for the realization of which the state in India stands.

They guide; the path which will lead the people of India to achieve the noble ideals which the preamble of the constitution proclaims : Justice social, economic and political, liberty-Equality and fraternity.

In order to understand the comprehensiveness of the Directive principles, it is convenient to classify them into related groups. Dr. M.P. Sharma has Suggested that they can be grouped ideologically, into three categories, viz. Socialistic, Gandhian and Liberal-; intellectualistic. We may classify them into the following groups.

(1) Directive principles aiming at the establishment of a welfare state;

A large number of Directive principles, however, aim at the establishment of a welfare state in India committed to the realisation of the ideals proclaimed in the preamble of the constitution. Thus, Article 38 provides that the state shall strive to promote the welfare of the people by securing and protecting a social order in which justice-social economic and political-shall inform all the institutions of national life.

According to Art. 39 the state shall direct its policy towards securing : (a) adequate means of livelihood to all citizens; (b) a proper distribution of the material resources of the community for the common good; (c)the prevention of concentration of wealth to the common detriment; (d) equal pay for equal work for both man and women; (e)the protection of the strength and health of workers and avoiding circumstances which forces citizens to enter evocations unsuited to their age or strength; and of the protection of childhood and youth against exploitation or moral and material abandonment.

Article 41 seeks within the limits of economic resources and capacity, to ensure the right to work, to education and to public assistance in cases of unemployment; old age, sickness and disablement and in other cases of undeserved want Art. 42 declares that the state shall make provision for securing “just, and humane conditions of work and for maternity relief:

According to Art 43 the state shall endeavour to secure to all workers a living wage a decent standard of life, leisure and social and cultural opportunities for people Article 46 lays upon the state the obligation to promote with special cave the educational and economic interests of weaker sections of the people and, in particular, of the scheduled castes and the scheduled tribes and to protect them from social in justice and all forms of exploitation. Article 47 declares as a primary duty of the state to raise the level of nutrition and the improvement of public health.

(2) Directive relating to cultural and educational matters:

Another group of directive- principles relates to the obligations of the state in educational and cultural matters. Article 45 declares that the state shall endeavour to provide within a period of ten years from the commencement of the constitution, for free and compulsory education for all children until they complete the age of fourteen fears.

The protection of monuments and places or objects of artistic or historic interests enumerated as an obligation of the state under Article 49 has also an obvious bearing on culture.

(3) Directive principles aiming to implement Gandhian principles:

There are directive principles aiming taimplement Gandhian principles.

(a) State shall organize village panchayats as units of self- Government. (Art-40)

(b) State shall promote with special care the educational and economic interests of the weaker sections of the people. (Art 45).

(c) State shall try to promote outage industries (Art. 43).

(d) State shall preserve and improve the breeds and prohibit the slaughter of cows, calves and other milks and draught cattle (Art. 48).

(e) State shall try to secure the improvement of public health and the prohibition of intoxicating drinks and drugs. (Art. 47).

(4) Directives relating to International peace and security:

There are directive principles relating to international peace and security. Art. 51 declares that the state shall, endeavour to (a) promote international peace and security: (b) maintain just and honourable relations between nations; and (c) the settlement of international disputes by arbitration.

(5) Miscellaneous:

Some other important directive principles are : (i) To separate the judiciary from the executive (Art. 50), (ii) To secure a uniform civil code applicable to the entire country (Art 44), (iii) To organise agricultural and animal husbandry on scientific lines, etc.

(6) The 42nd and 44th Amendment:

By the 42nd Amendment, certain charges have been introduced in part IV adding New Directives, to accentuate the socialistic bias of the constitution;

(i) Article 39A has been inserted to enjoin the state to provide ‘free legal aid’ to the poor and to take other suitable steps to ensure equal justice to all, which is offered by the preamble.

(ii) Article 43 A has been inserted in order to direct the state to ensure the participation of workers in the management of industry and other undertakings”. This is a positive step in advancement of socialism is the sense of economic justice.

(iii) Article 48 A has been inserted in order Jo direct the state to protect and improve the environment and to safeguard the forests and wild life of the country.

(i) Criticism:

While the constitution was on the arrival the Directive principles of state policy were strongly criticized by several members of the constituent Assembly.

Firstly, the most common ground for the criticism of directive principles, however, is their lack of legal force. According to Article 37 Directive principles, though they are one fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws, are expressly made non-justiciable endly.

According to Srinivasan, “The formulation of the directives of state policy can hardly be considered inspiring. It is both vague and repetitive. The directives are neither properly classified nor logically arranged.

Thirdly, According to the critics the Directive principles are little more than a set of moral precepts. It has also some merits.

Firstly, The constitution establishes a democratic form of Government, a representative Government. It is also a responsible Government. Those who are in power are there because the people of India have given them that power. They are not the masters of the people but their servants.

2ndly, The directive principles are amplification of the preamble. They emphasise that the goal of the Indian polity is not laissez fair but a welfare state.

3rdly, counts have given due regards to the directive principles. The real importance of directive principles is that they contain the positive obligations of the state towards its citizens.

Difference between fundamental Rights and Directive Principles – There is a vital difference between the fundamental rights and directive principles. The following paints of difference are importance (i) Negative Injunctions Vs. Positive Directions.

The first point of difference is that where as the Fundamental rights are the negative obligations of the state and the prohibitive in character, the directive principles are positive commands to the state and to do certain things.

The latter declare the positive obligation of the state; while the former require the state not to do certain things. Gledhill viewed, the fundamental rights are “injunctions to prohibit the Government from doing certain things : The Directive principles are affirmative instructions of the Government to do certain things.”

(ii) Justiciable Vs. Non-Justiciable:

The most important point of difference between the fundamental rights and directive principles is that while the former are justiciable, the latter are not.

The fundamental rights are mandatory and every state is under an obligation to enforce them: the directive principles are declaratory and the state are not under an obligation to enforce them, if the state do not take any action to executive the directive principles.

No legal action can be brought against them in a court of law. But it any law of the state violates the fundamental rights, a legal action can be maintained. In other words, the fundamental rights are enforceable, while the Directive principles are not or it may be said that the Directive principles represent no more than General directions or instructions or recommendations to the legislative and executive authorities.

They are in the nature of moral precepts and economic maxims, unenforceable in content and having no legal force. They confer no legal rights and create no legal obligations.

(iii) Fundamental Rights are superior to Directive principles:

Lastly, it may be said that the Fundamental rights are superior to the Directive principles. In other words it means that in case of a conflict between the fundamental rights and Directive principles the former will prevail over the latter.

In the case of state of Madras Vs. Champakam Dorairajan the Supreme Court held that “The Directive Principle of state policy which Expressly are made unenforceable by a court cannot override lute provisions of part ill which are expressly made enforceable by appropriate court.

It may be said that though the Directive principles are not enforceable, yet they remain fundamental in the governance of country. The creation of Article 31C further raise the Directive principles of state policy above the fundamental Rights.