Directive Principles of State Policy (Article 36 -51)

Directive Principles of State Policy (DPSP)

(Article 36 -51)

It includes:

1. Welfare of the State
2. State makes law and policies
3. Social Justice

Article 38 says about Welfare policy.

Introduction:

To implement the ideals, to achieve the goals that is srinked in the preamble of the constitution, to establish a welfare state, fundamental rights and the Directive Principles of state policy has been provided in the constitution.

Part-4 of the constitution, Article 36-51 lays down various provisions.

Directive principles of state policy have been borrowed from the constitution of Ireland in 1937.

They are the fundamental in the governance of the country, they are known as Positive or Negative rights.

Classification of Directive Principles of State Policy:

1. Social and Economic Charter
2. Social Security Charter
3. Community Welfare Charter

Social and Economic Charter:

Article- 38 says about Social Order

Article- 39 says about Securing Economic Justice

Social Security Charter:

Article – 39A: Equal justice and free legal Aid to the economically 

Backward classes.

Article – 41: Just and Human Conditions of the work

Article – 42: Right to work, education and public assistance in certain 

  Cases

Article – 43: Participation of the workers in the Management of 

Industries.

Article - 45: Compulsory education for children. 

Article – 46: Promotion of educational and economic interest of the 

Weaker sections.

Article – 47: Duty to raise the standard of living and improvement of 

the health. 

Community Welfare Charter:

Article – 44: Uniform civil code

Article – 48: Organization of agriculture and animal husbandry.

Article – 48A: Protection and improvement of forests and wild life.

Article – 51: Promotion of International peace and security.

Relation between Fundamental Rights and Directive Principles of State policy: 

1. First View: Fundamental Rights to DPSP
2. Second View:         DPSP to Fundamental Rights
3. Third View: Balance between Fundamental Rights and DPSP

First View:

Fundamental Right to DPSP:

Fundamental rights are enforceable and hence they would prevail over DPSP.

In State of Madras

V

Champakam Dorairanjan

The Supreme Court held that, in the case of any conflict between the fundamental rights and DPSP, the fundamental right would prevail over DPSP.

Second View:

DPSP to Fundamental Rights:

According to this view, DPSP being the Social Rights should be preferred on the grounds that the equal rights may be out weighted in the entrance of the society.

In Kesavnanda Bharti

V

State of Kerala

The Supreme Court held that, the parliament is empowered to amend the fundamental rights to give the effect to DPSP.

Third View:

Balance between Fundamental Rights and DPSP:

The Supreme Court accepted the importance of DPSP and tried to harmonize the DPSP with Fundamental Rights.

In Kerala Education Bill (1957)

The Supreme Court observed that through the DPSP cannot over rite the fundamental rights but in order to determine the scope ambience of the fundamental rights, the DPSP cannot be ignored.

Therefore the principles of harmonious construction were adopted to give effect to both.

In      Mohini Jain

    V

State of Karnataka

In this case, the petition of Mohini Jain challenged the Karnataka Educational Institution.

The petitioner was denied of admission as she could not afford to pay such heavy fees.

The Supreme Court held that charging such heavy fees amount to deny the Right to Education, which is the violation of Personal liberty under Article-21.

In Olga Telis

V

Bombay Municipal Corporation

It was held that, life under Article-21 includes Right to livelihood.

No person can live without the means of livelihood.

The right to livelihood is not treated as a part and parcel of the constitution.

The easiest way to deprive a person of his right to life is to deprive him of his right to livelihood.

In Minerva Mills

V

Union of India

In this case, both Fundamental rights and DPSP are equal.

Hope you enjoy reading!!