Classification of the Directive Principles :
Classification of the Directive Principles :
The directive principles of state policy can be
The directive principles of state policy can be classified under various groups, they contain a set of classified under various groups, they contain a set of ideals,ideals, directions and a set of
directions and a set of rights. Directive principles of state policy can be classified as follows :-rights. Directive principles of state policy can be classified as follows
:-Socio-economic welfare:
Socio-economic welfare:
• A large number of directive principles aim at
• A large number of directive principles aim at the establishment of a the establishment of a welfare state.welfare state. • Article 3 - provides that the state shall endeavour to
• Article 3 - provides that the state shall endeavour to promote the welfare of the people by promote the welfare of the people by securing andsecuring and protecting a soci
protecting a social order and shalal order and shall inform all l inform all the institutthe institutions of national ions of national life.life. • Article 3! - states that the state shall direct its policy
• Article 3! - states that the state shall direct its policy towars securing :towars securing : ". Ade#uate means of livelihood to
". Ade#uate means of livelihood to all citi$ens.all citi$ens. %. A prope
%. A proper distribution of the material resources with a view to r distribution of the material resources with a view to ensure common good.ensure common good. 3. &revention of concentration of wealth to the common
3. &revention of concentration of wealth to the common determinant.determinant. '. (#ual pay for e#ual wor) for both man and woman.
'. (#ual pay for e#ual wor) for both man and woman.
*. &rotection of childhood and youth against e+ploitation or moral and
*. &rotection of childhood and youth against e+ploitation or moral and material abandonment.material abandonment. . &rotection of strength and health of
. &rotection of strength and health of the wor)ers.the wor)ers. • Article '" - see)s to ensure the
• Article '" - see)s to ensure the right to wor), education, and to public asssistance in right to wor), education, and to public asssistance in cases ofcases of unemployment, old age,
unemployment, old age, sic)ness and disability.sic)ness and disability.
• Article '% - declares that state shall ma)e provisions for securing ust and
• Article '% - declares that state shall ma)e provisions for securing ust and humane conditions of wor) andhumane conditions of wor) and for maternity relief.
for maternity relief.
• Article '3 - the state shall endeavour to ensure
• Article '3 - the state shall endeavour to ensure to all wor)ers a living wage, a to all wor)ers a living wage, a decent standard of life,decent standard of life, leisure and social and cultural opportunities for people.
leisure and social and cultural opportunities for people.
• Article ' - prescribes that the state should promote with special care the
• Article ' - prescribes that the state should promote with special care the educational and economiceducational and economic interests of the wea)er sections of the
interests of the wea)er sections of the people.people.
Gandhian Principles:
Gandhian Principles:
• Article ' - declares the state shall organi$e village panchayats as units of
• Article ' - declares the state shall organi$e village panchayats as units of self-governmeself-government.nt. • Article '* - declares that the state shall promote with special care the
• Article '* - declares that the state shall promote with special care the educational and economic interestseducational and economic interests of the wea)er sections.
of the wea)er sections.
• Article '3 - declares that state shall try to promote cottage industries. • Article '3 - declares that state shall try to promote cottage industries. • Article ' - declares that state shall preserve and improve the
• Article ' - declares that state shall preserve and improve the breeds and prohibit the slaughter of cows,breeds and prohibit the slaughter of cows, calves and other mil) and
• Article '/ - declares the state shall try to secure the improvement of public health and the prohibition of into+icating drugs and drin)s.
Educational and Cultural Principles:
• Article '* - declares that the state shall endeavour to provide within a period of ten years, free and compulsory education to all children until they complete the age of "' years.
• Article '! - directs the state to protect monuments and places or obects of artistic of historic interest.
Administrative Principles :
• Article * - intends to separate udiciary from the e+ecutive.
• Article '' - directs the state to secure a uniform civil code for the entire country.
• Article 3!A - provides free legal aid to the poor and ta)e suitable steps to ensure e#ual ustice.
• Article '!A - has been inserted to direct the state to enusre participation of wor)ers in the management of industry and other underta)ings.
Principles for promoting international peace and security.
A few principles aim at securing international peace and security. They see) to :-• Article *"a - to promote international peace and security.
• Article *"b - maintain ust and honorable relations between nations.
• Article *"c - foster respect for international law and treaty obligations in the dealings of the organised peple with one another.
• Article *"d - settle international disputes through arbitration.
---Distinction etween !undamental rights and Directive principles:
The directive principles of state policy contained in &art 01 of the 0ndian constitution is different from fundamental rights contained in &art 000 of the constitution. They are
:-• The fundamental rights limit state action whereas directives are instructions to the governments to do certain things and to recieve certain ends through their actions.
• 2undamental rights are usticiable whereas the directive principles anre non- usticiable. • The directives are to be implemented in the legislature.
• The fundamental rights lay down the negative obligations of the state. Directive principles contain affirmative directives related with the positive obligations that the state has towars its citi$ens.
• The primary purpose of the fundamental righs is to establish a political democracy. Directive principles of state policy aim to establish social and economic democracy to sustain political democracy.
• The fundamental rights are negative in character as they impose certain restrictions on the government. hile directive principles of state policy are positive as they as) the state to endeavour to achieve certain goals.
---Significance of the Directive Principles of State Policy:
The 4ignificance of the directive principles of state policy are
:-• Directive principles are non-usticiable but their incorporation in the constitution is ustified.
• They emphasi$e their duty towards women, children and the socio-economic bac)ward section of our society.
• They are significant for the wor)ing of the 5onstitution. • There is no legal sanction behind the directives.
• They lay down philosophical foundations of a welfare state for securing social, economic and political ustice for all the people.
• They contain the positive obligations of the state towards its citi$ens.
• They have an educative value to ensure social security and latter standard of living for all.
• The directives have been given due regards by the courts for the interpretation of the statute laws especially those which are complementary to the fundamental rights.
• The directive principles were given due regard through constitutional amendments.
---!undamental rights of the "ndian Constitution:
&art 000 of the 0ndian constitution constitutes of the salient features of the 2undamental rights and are grouped into seven broad heads :
". Right to equality (Article 14 to 18):
• Article "' - provides for e#uality before the law and e#ual protection of the law within the territory of 0ndia. (#uality before law means that every individual is e#ual in the eyes of the law.
• Article "* - ensures prohibition of discrimination on grounds of religion, race, caste, se+ or place of birth • Article " - of our constitution guarantees e#uality of opportunity in matters of public employment.
• Article "/ - The constitution abolishes untouchability through Article "/.
• Article " - abolition of titles, no title, not being a military or academic distinction, shall be conferred by the 4tate.
%. Right to Freedom (Article 19 to 22):
• 6ight to freedom includes si+ freedoms provided in our constitution by Article "! : ". 2reedom of speech and e+pression.
%. 2reedom to assemble peacefully and without arms. 3. 2reedom to form associations or unions.
'. 2reedom to move freely throughout the territory of 0ndia.
*. 2reedom to reside and settle in any part of the territory of 0ndia.
. 2reedom to practice any profession, or to carry on any occupation, trade or business.
4tate is allowed to put reasonable restrictions on these freedoms for the public interest. • Article % - &rovides protection against e+cessive punishment and one person can be convicted only if he has violated a law and no person can be subected to a greater penalty than that was prevalent when he committed the offence, and he cannot be punished more than once for the same offence and no accused can be compelled to be a witness against himself.
• Article %" - provides protection of an individuals life and personal libery.
• Article %% - provides protection against arrest and detention as it guarantees the right to every person who is arrested to be informed of the cause of his arrest, and to consult a lawyer for his defence and every person arrested shall be produced before the nearest magistrate within a period of %' hours.
3. Right against Exloitation (Article 2! to 24):
• Article %3 to %* deals with the right against e+ploitation as it see)s to : ". 7an human traffic)ing and begar or any form of forced labour.
%. &rohibition of employment of children below "' years of age in any factory or mine, or other ha$ardous occupations.
3. As e+ploitation means misuse of services with the help of force, compulsory military service and compulsory wor) for other national programmes are relevant e+amples of such a purpose.
• Article %* - guarantees to all persons the freedom of religion and conscience and they can freely profess, practice and propogate any religion.
• Article % - allows everyone the right to establish and maintain institutions for managing religious and charitable affairs.
• Article %/ - provides protection to religous activity by e+empting funds as ta+ cannot be collected for religious purposes.
• Article % - prohibits religious instruction in any educational institution fully maintained by state funds whether by the state or any other body.
*. $ultural and Educational Rights (Article 29 to !%):
• Article %! - states that any state-aided educational institution shall not refuse admission to anybody on the grounds of religion, race, caste or language.
• Article 3 - provides that all minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice.
. Right to constitutional remedies (Article !2):
• This article guarantees every individual the right to move to the 4upreme court by appropriate
proceedings for the enforcement of his8her fundamental rights, which means that the fundamental rights and not ust rights but are usticiable and enforcable in nature.
• The courts can issue udicial writs of 9aebeas 5orpus, andamus, &rohibition, ;uo-warranto and 5ertiorari for the enforcement of fundamental rights.
/. Right to Education (Article 21A):
• The state shall provide free and compulsory education to all children within a period of ten years of the children of age groups from - "' years, this fundamental right was passed by the parliament on the "st of April %".
