Who said directive principles of state
It says that the State shall look into the matter of raising the level of nutrition and the standard of living of its people and it is the duty of the State to keep a check on the improvement of public health. The State shall also endeavor to prohibit the consumption of intoxicating drinks and drugs which are injurious for health, except for medicinal purposes. Article 47 talks about Nutrition, Standard of living and public health.
The State shall endeavor to prohibit the consumption of intoxicating drinks and drugs which are injurious to health except for medicinal purposes. There should be a provision for the citizens to secure a Uniform Civil Code throughout the territory of India in order to simplify things and reduce ambiguity in the laws which makes it more complex than it actually is.
Article 49 talks about Protection of monuments and places and objects of national importance. It shall be the duty of the State to protect every monument or place or any object of historic or artistic interest which has some national importance, from any form of disfigurement, destruction, etc.
Four Directive Principles which were added by the 42nd amendment are as follows:. It says that the State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies. But the non-enforceability of the Principles does not mean that they are of no importance. There are some arguments which are in favor of its enforceability and some are against the making of DPSP enforceable. Those who favor the enforcement of the Principles argue that enforceability of DPSPs will keep a check on the Government and would unite India.
For instance, Article 44 of the Indian Constitution talks about the Uniform Civil Code which aims for uniform provisions of civil law for all the citizens of the country irrespective of their caste, creed, religion or beliefs. People who are against the enforcement of the DPSPs are of the view that these principles need not be separately enforced as there are already many laws which indirectly implements the provisions mentioned in DPSP.
For instance, Article 40 of the Constitution which deals with Panchayati Raj system was introduced through a constitutional amendment, and it is very evident that there are numerous panchayats exist in the country today.
Another argument against DPSP is that it imposes morals and values on the citizens of the country. It should not be clubbed with the law as it is really important to grasp that law and morals area unit various things.
If we impose one on the opposite that will generally impede the expansion and development of the society. It mentions protection of women of the country, environmental conservation, rural growth and development, decentralisation of power, uniform civil code, etc.
Although non-justiciable, they provide a set of guidelines for the Government for its functioning in the country. The Directive Principles provide good foundations for welfare state. The securing of Directive Principles helped in completing the requirements of a democratic system.
It supplemented the Fundamental Rights of the people and built a State characterized by these four pillars — Justice, Liberty, Equality, and Fraternity. There are some acts and policies from onwards which had been implemented to give effect to these Directive Principles.
Fundamental rights are also known as Inherent rights because they are inherent to every person by birth. These are the rights that provide an individual with some basic rights for the purpose of survival. No discrimination is made on the basis of religion, caste, race etc. Freedom Law is supreme in nature and everyone is equal before the law and equal treatment should be given to everyone.
No discrimination should be done on the basis of race, caste, creed or gender. An equal amount of opportunity should be given to every individual in the field of employment. Abolition of untouchability and titles. Every individual has the right to freedom to form an association, peacefully assemble, travel or move freely reside and settle at any location and to go or opt for any profession throughout the territory of India.
Right to education, life, liberty and dignity also fall under this right, protection in respect of arrest and detention and conviction of an offence. This right provides us with the freedom to follow any religion without any question mark and the freedom to attend any religious ceremony at a religious institution or education centre and pay tax for the promotion of religion. Nobody can force any individual who is not interested in paying any kind of tax for religious purposes.
It provides protection to different languages and varieties of culture present in India. It also protects the rights and culture of minorities. Establishing educational institutions and primary education for every child below the age of 14 years comes under this head. An individual has the right to move in any court of law if they feel fundamental rights are being violated.
Our constitution consists of 5 writs. If only fundamental rights are violated then the individual can directly approach to Supreme Court of India. The writs are explained below:.
This writ is issued to produce a person who has been detained and to present him before the court to release if such detention is illegal. It is an order given by the Superior Court to the Inferior Court to perform a public duty. It is basically known as the Stay order which prohibits from doing certain actions by the authority where it has no jurisdiction to deal with the case.
This order can be issued by the Supreme Court for quashing the order which is already passed by any inferior court, tribunal or authority. It signifies by what authority? It is a writ issued to restrain a person from holding a public office to which he is not entitled. DPSP imposes a duty upon the state not only to protect and acknowledge the Fundamental right of the individual but also to achieve Social-economic goals.
Certain guidelines are present for the state authority to work upon them for the protection of society. It mostly focuses on welfare and improvement of society altogether.
Ambedkar, 'the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive.
It constitutes a very comprehensive economic, social and political programme for a modern democratic State which aimed at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.
They are non-justiciable in nature, which means that they are not legally enforceable by the courts for their violation. Though non-justiciable in nature, the Directive Principles help the courts in examining and determining the constitutional validity of a law.
Features of the Indian Constitution. The Constitution of India does not formally classify the Directive Principles of State Policy but for better understanding and on the basis of content and direction- they can be classified into three categories.
These are as follows:. Socialistic Principles. These principles contemplate the ideology of socialism and lay down the framework of a democratic socialist state. The concept envisages providing social and economic justice, so that state should achieve the optimum norms of the welfare state. They direct the state through the following articles:. The State shall promote cottage industries on an individual or co-operative basis in rural areas.
In , the Indian National Congress the largest Indian political party of the time adopted resolutions committing itself to the defense of fundamental civil rights, as well as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom. Committing themselves to socialism in , the Congress leaders took examples from the constitution of the erstwhile USSR, which inspired the fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges.
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