SSC CGL POLITY STUDY MATERIAL – DIRECTIVE PRINCIPLES OF STATE POLICY

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DIRECTIVE PRINCIPLES OF STATE POLICY

The idea of including Directive Principles of state policy was adopted from the Constitution of Ireland. The Directive Principles of State Policy are given in the Part of IV of the Constitution ( Articles 36 to 51). Our Article 37 says that DPSP are fundamental to the Government and the state has the duty in applying them. DPSP are unjusticiable in nature. This is done since the state requires certain resources which they might not have.

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ARTICLES UNDER PART IV – DIRECTIVE PRINCIPLES OF STATE POLICY

ARTICLE	DESCRIPTION
36	Definition
37	Application of the principles contained in this Part
38	State to secure a social order for the promotion of welfare of the people
39	Certain principles of policy to be followed by the State
41	Right to work, to education and to public assistance in certain cases
45	Provision for free and compulsory education for children Provision for early childhood care and education to children below the age of six years
46	Promotion of educational and economic interests of Scheduled Castes,Scheduled Tribes, and other weaker sections
47	Duty of the State to raise the level of nutrition and the standard of living and to improve public health
48	Organisation of agriculture and animal husbandry
48A	Protection and Improvement of environment and safeguarding of forests and wildlife
49	Protection of monuments and places and objects of national importance.
50	Separation of judiciary from executive
51	Promotion of international peace and security

 

How Is Fundamental Rights related to Directive Principles of State Policy?

• The Supreme Court has stated that both the Directive Principles and Fundamental Rights are complementary to each other and as a whole is considered as an integrated scheme.
• It is also stated by Supreme Court that the Fundamental Rights gets more preference over Directive Principles if the above point is not held or not possible.
• According to the present scenario only Article 39(b), (That the ownership and control of the material resources of the community are so distributed as best to serve the common good) and Article 39(c) (the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment) can be given a preference over Article 14 and 19 and not all the directive principles.

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Difference between Fundamental Rights and Directive Principles Of State Policy

Fundamental Rights	Directive Principles Of State Policy
It provides the foundation of political democracy in India	Directive Principles briefly explains the character of social and economic democracy of India
It is always in negative obligations to the State i.e commands against the State and its actions	The Directive Principle on the other hand are in positive obligations of the State towards the citizens
They are Justiciable	They are not Justiciable

 

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