Directive Principles of State Policy

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  • Topic: States and territories of India, Directive Principles in India, India
  • Pages : 12 (3844 words )
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  • Published : September 23, 2012
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DIRECTIVE PRINCIPLES OF STATE POLICY

Q. 1. What are the Directive Principles of State Policy ?
Ans. The Directive Principles of State Policy are those moral principles which are fundamental in the governance of the country. They are the instruments of instructions for the guidance of the rulers, both at the. Centre and the State levels, for the establishment of a just ond egalitarian society in India.

Q. 2. What is the aim of Directive Principles of State Policy ? Ans. Their aim is to establish a welfare state in our country.

Q. 3. From which country have we borrowed these Directive Principles of State Policy?
Ans. We have borrowed these Directive Principles from Ireland which itself had borrowed them from the Republican Constitution of Spain.

Q. 4. Are these Directive Principles justiciable?
Ans. No. The Directive Principles of State Policy are not justiciable.

Q. 5. What is the difference between Fundamental Rights and Directive Principles of State Policy ?
Ans. The Fundamental Rights are justiciable whereas the Directive Principles of State Policy are non-justiciable.

Q. 6. If there is a conflict between Directive Principles of State Policy and Fundamental Rights, which will be considered as superior? Ans. The Fundamental Rights are considered as superior to the Directive Principles of State Policy because they are justiciable whereas the latter are not. Fundamental rights are mandatory whereas the Directive Principles of the State Policy are recommendatory in nature. If the State violates the Fundamental Rights, the door of the Supreme Court and the High Courts could be knocked under Articles 32 and 226 of the Constitution respectively for their enforcement. But the Directive Principles of the State Policy are not legally binding on the state.

Q. 7. In which Part of the Constitution are these Directive Principles of State Policy included ?
Ans. The Directive Principles of State Policy are included in Part IV of the Indian Constitution.

Q. 8. What are the Directive Principles of State Policy under the Indian Constitution? What is their significance ?
OR
What are the Directive Principles of State Policy? How do these differ from Fundamental Rights?
Ans. The Directive Principles of State Policy are enumerated in Part IV of the Indian Constitution, under Articles 36 to 51 . Following are the important points to remember in this regard: (i) The Directive Principles of State Policy are moral principles for the guidance of the Central and the State Governments for the establishment of a Welfare State in India. They are just like the instruments of instructions which are fundamental for the governance of the country.

(ii) We have borrowed the concept of these Principles from the Constitution of Ireland.
(iii) These Directive Principles of State Policy are not justiciable. It means that they cannot be enforced by the courts like the Fundamental Rights. (iv) Formerly if there was a clash between Fundamental Rights and Directive Principles of State Policy then the Fundamental Rights were to be considered superior. But under the Forty-second Amendment of the Constitution, the Directive Principles of State Policy have been made superior to Fundamental Rights. (v) According to Prof. K.T. Shah these Principles are just like 'a cheque on bank payable at the convenience of the bank'. (vi) The Directive Principles of State Policy are positive commands to the State to do certain things whereas the Fundamental Rights are the negative obligations of the State and are prohibitive in character. (vii) According to Alan Gledhill "The Fundamental Rights are injunctions to prohibit the government from doing certain things: the Directive Principles are affirmative instructions to the Government to do certain things". (viii) The Constitutions of Ireland, Burma and Germany have also included Directive Principles of State Policy.

The Directive Principles of State Policy are contained in...
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