Simone Lawson
Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP), which are a set of guidelines that act as fundamental principles to guide the functioning of the state. Articles 36 to 51 of Part IV provide directives to all state departments, including the executive, legislature, and judiciary, to be followed while working in different fields. These principles are not legally enforceable by the courts but are considered fundamental in the governance of the country, with the state duty-bound to apply them when making laws.
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The Directive Principles of State Policy (DPSP)
The DPSPs cover a range of issues, including the definition of the "state", social, political and economic justice, principles of policy, free legal aid, and the organisation of panchayats or village self-government. They also include directives on securing a just and humane work environment, providing maternity relief, ensuring fair wages and a decent standard of living, and promoting workers' participation in management.
One of the key aspects of the DPSPs is their focus on promoting the educational and economic interests of the weaker sections of society, including the Scheduled Castes and Tribes. The state is directed to protect these groups from social injustice and exploitation and to work towards raising the level of nutrition, standard of living, and public health.
The DPSPs also address issues such as the uniform civil code, the abolition of untouchability, and the removal of legal disabilities on women. They direct the state to promote the democratic functioning of cooperative societies and to ensure the separation of the judiciary from the executive. Additionally, the DPSPs emphasise the importance of international peace and security and the protection of national monuments, the environment, and wildlife.
While the DPSPs are not legally enforceable, they are considered supplementary and complementary to the Fundamental Rights guaranteed in Part III of the Constitution. The Supreme Court has ruled that in any conflict between Fundamental Rights and DPSPs, the former prevails. However, Parliament can amend Fundamental Rights through constitutional amendment acts to implement DPSPs, as seen in the First, Fourth, and Seventeenth Amendment Acts.
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Promotion of educational and economic interests of weaker sections
Part IV of the Indian Constitution contains the Directive Principles of State Policy, which are a set of guidelines that act as fundamental principles to guide the functioning of the State. Article 46 of the Indian Constitution, which falls under Part IV, addresses the promotion of educational and economic interests for members of Scheduled Castes, Scheduled Tribes, and other weaker sections of society.
The Indian Constitution defines "weaker sections" as sections of the population that are socially, economically, and politically behind other sections due to their backwardness. This includes groups that have suffered from educational and economic backwardness and social injustice due to traditional customs of untouchability, ethnic background, or other forms of social and cultural backwardness. The Government of India Act, 1935, further defines "weaker sections" as classes of people who suffer from educational and profitable backwardness due to traditional customs, ethnic background, or way of life.
Article 46 aims to promote the educational and economic interests of these weaker sections of society, specifically the Scheduled Castes and Scheduled Tribes. The central issue during the discussion of this article was the scope of the term "Scheduled Castes," with one member suggesting substituting it with "backward communities of whatever class or religion." However, the Chairman of the Drafting Committee remarked that this amendment was unnecessary and could be considered while discussing the schedule listing the Scheduled Castes.
Article 46 directs the State to promote with special care the educational and economic interests of these weaker sections, protecting them from social injustice and all forms of exploitation. It is worth noting that this article is a part of the Directive Principles of State Policy, which are recommendations to the State government rather than enforceable rights.
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Raising the level of nutrition and standard of living
Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP) which act as fundamental principles to guide the functioning of the State. These principles are a set of guidelines that direct the State to establish an economic and social democracy. They are ideals that the State must keep in mind when formulating policies and enacting laws.
Article 47 of the Indian Constitution, which falls under Part IV, states that it is the duty of the State to raise the level of nutrition and the standard of living and to improve public health. This means that the State should regard the raising of the level of nutrition and the standard of living of its people as one of its primary duties.
The State should take steps to ensure that all citizens have access to nutritious food and a decent standard of living. This includes addressing issues such as poverty, unemployment, and inequality, as well as providing social security and welfare measures.
The State should also work to improve public health by providing access to healthcare services, promoting health education and awareness, and taking preventive and curative measures to control diseases. Additionally, the State should also promote the educational and economic interests of the weaker sections of society, such as the Scheduled Castes and the Scheduled Tribes, and protect them from social injustice and exploitation.
The DPSPs are not legally enforceable by the courts, but they are still fundamental to the governance of the country. They serve as a guide for the State to ensure the welfare and well-being of its citizens.
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Protection of monuments and places of national importance
Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP), which are a set of guidelines that act as fundamental principles to guide the functioning of the State. These principles are meant to be kept in mind by the state when formulating policies and enacting laws, with the goal of establishing an economic and social democracy.
Article 49 of the Indian Constitution, which falls under Part IV, pertains specifically to the "Protection of monuments and places and objects of national importance". This article underscores the importance of preserving and safeguarding India's cultural and historical heritage.
The article directs the state to take necessary measures to protect and preserve monuments, places, and objects that hold national importance. This includes structures, sites, and artefacts that are deemed to be of historical, cultural, or archaeological significance to the nation. The protection and preservation of these sites are crucial in maintaining India's rich history and cultural identity.
The state is tasked with ensuring that these monuments and places are safeguarded from damage, destruction, or neglect. This involves implementing measures such as providing financial resources for conservation efforts, conducting regular maintenance, and promoting awareness and education about the significance of these sites among the general public.
Additionally, the state is also responsible for regulating and monitoring any development or construction activities that may impact these sites. This includes ensuring that any alterations or interventions are done in a manner that respects the historical and cultural integrity of the site. In doing so, the state strives to strike a balance between development and the preservation of India's cultural heritage.
The protection of monuments and places of national importance is a critical aspect of the Directive Principles of State Policy. By upholding this principle, the state not only preserves India's historical and cultural legacy but also ensures that future generations can appreciate and learn from the country's rich past.
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Separation of judiciary from executive
Part IV of the Indian Constitution contains the Directive Principles of State Policy, which are a set of guidelines that act as fundamental principles to guide the functioning of the state. Article 50 of Part IV directs the state to take steps to separate the judiciary and executive in public services.
The separation of powers is a division of the legislative, executive, and judicial functions of government, ensuring checks and balances to prevent the abuse of authority. The Indian Constitution does not strictly follow the doctrine of separation of powers, but the functions of the different parts of the government have been differentiated. The judiciary is not supposed to indulge in lawmaking, but there are instances where judicial legislation is justified. Judicial creativity can be justified in certain situations, such as when there is a peculiar issue at hand or when laws enacted need to fulfill the needs of the people.
In the case of Ram Jawaya Kapoor vs State of Punjab (1955), it was held that the Indian Constitution has not recognized the doctrine of separation of powers in its absolute rigidity, but the functions of the different parts or branches of the government have been sufficiently differentiated. The three organs of the government are expected to exercise their functions within their limits and keep in mind certain encroachments assigned by the Constitution. For instance, in Kartar Singh vs State of Punjab (1994), it was stated that the function of the legislature is to make the law, the executive is to implement the law, and the judiciary is to interpret the law within the limits set down by the Constitution.
The need for the separation of the judiciary and executive was a long-standing demand of the freedom movement. During colonial India, the judicial and executive wings of administration were fused, compromising judicial independence. The introduction of Article 50 directed the state to separate the judiciary and executive within three years of its enactment.
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Frequently asked questions
Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP), which are a set of guidelines that act as fundamental principles to guide the functioning of the State in its goal of establishing an economic and social democracy.
The DPSP are ideals that are meant to be kept in mind by the state when it formulates policies and enacts laws. They are not legally enforceable by the courts for their violation.
Examples of DPSP include the promotion of educational and economic interests of the weaker sections of society, the protection of monuments and places of national importance, and the separation of the judiciary from the executive.
