Directive Principles of State Policy
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Directive Principles - Socialist Ideology
Article 38:
- Promote welfare of people with a social order based on justice (social, economic, and political).
- Minimize inequalities in income, status, facilities, and opportunities.
Article 39:
- Secure right to adequate means of livelihood for all citizens.
- Equitable distribution of community's material resources for common good.
- Prevent concentration of wealth and means of production.
- Ensure equal pay for equal work for men and women.
- Preserve health and strength of workers and children against abuse.
- Provide opportunities for healthy development of children and protect them from exploitation.
Article 39A:
- Promote equal justice and provide free legal aid to the poor.
Article 41:
- Secure the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
Article 42:
- Make provision for just and humane conditions of work and maternity relief.
Article 43:
- Secure living wage, decent standard of life, and social and cultural opportunities for all workers.
Article 43A:
- Take steps to ensure participation of workers in the management of industries.
Article 47:
- Raise the level of nutrition, standard of living, and improve public health.
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Directive Principles - Gandhian Principles
Article 40:
- Organize village panchayats and endow them with necessary powers and authority to function as units of self-government.
Article 43:
- Promote cottage industries on an individual or cooperative basis in rural areas.
Article 43B:
- Promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
Article 46:
- Promote the educational and economic interests of SCs, STs, and other weaker sections of society.
- Protect these groups from social injustice and exploitation.
Article 47:
- Prohibit the consumption of intoxicating drinks and drugs injurious to health.
Article 48:
- Prohibit the slaughter of cows, calves, and other milch and draught cattle.
- Improve the breeds of these animals.
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Directive Principles - Liberal-Intellectual Principles
Article 44:
- Secure a uniform civil code for all citizens throughout the country.
Article 45:
- Provide early childhood care and education for all children until they complete the age of six years.
Article 48:
- Organize agriculture and animal husbandry on modern and scientific lines.
Article 48A:
- Protect and improve the environment and safeguard forests and wildlife.
Article 49:
- Protect monuments, places, and objects of artistic or historic interest declared to be of national importance.
Article 50:
- Separate the judiciary from the executive in the public services of the State.
Article 51:
- Promote international peace and security.
- Maintain just and honourable relations between nations.
- Foster respect for international law and treaty obligations.
- Encourage the settlement of international disputes by arbitration.
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Amendment Acts - Directive Principles
42nd Amendment Act of 1976:
- Article 39: Secure opportunities for healthy development of children.
- Article 39A: Promote equal justice and provide free legal aid to the poor.
- Article 43A: Secure the participation of workers in the management of industries.
- Article 48A: Protect and improve the environment and safeguard forests and wildlife.
44th Amendment Act of 1978:
- Article 38: Minimize inequalities in income, status, facilities, and opportunities.
86th Amendment Act of 2002:
- Article 45: Changed to require the State to provide early childhood care and education for all children until they complete the age of six years. It also made elementary education a fundamental right under Article 21A.
97th Amendment Act of 2011:
- Article 43B: Promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies.
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Conflict Between Fundamental Rights and Directive Principles
Champakam Dorairajan Case (1951):
- Supreme Court ruled Fundamental Rights (FR) prevail over Directive Principles (DP).
- Supreme Court held that Parliament can amend FR to implement DP.
- Led to 1st, 4th, and 17th Amendment Acts to implement some DP.
Golaknath Case (1967):
- Supreme Court ruled Parliament cannot amend FR to implement DP.
- Declared FR as 'sacrosanct.'
Parliament's Reaction:
- 24th Amendment Act (1971): Empowered Parliament to amend FR.
- 25th Amendment Act (1971): Added Article 31C:
- Article 31C provision (a): Laws implementing DP in Article 39(b) and (c) can't be void for violating Articles 14, 19, or 31.
- Article 31C provision (b): Such laws can't be questioned in court.
Kesavananda Bharati Case (1973):
- Declared the second provision of Article 31C unconstitutional.
- Upheld the first provision of Article 31C.
42nd Amendment Act (1976):
- Extended Article 31C's protection to all DP.
- Declared unconstitutional by Supreme Court in Minerva Mills Case (1980).
Minerva Mills Case (1980):
- Reaffirmed harmony between FR and DP as essential to the Constitution's basic structure.
- FR in Articles 14 and 19 subordinate to DP in Article 39(b) and (c).
Present Position:
- FR have supremacy over DP.
- Parliament can amend FR to implement DP without destroying the Constitution's basic structure.
Reference: Indian Polity by M Laxmikanth
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