Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 21 Directive Principles of State Policy Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 21 Directive Principles of State Policy
Long Answer Type Questions
Question 1.
Enumerate the Directive Principles given in the constitution.
Or
Explain the Directive Principles as embodied in the Indian Constitution.
Answer:
The inclusion of the Directive Principles of State Policy in Part IV (Arts. 36-51) of the Constitution is one of the significant features of the Indian Constitution. Dr. Ambedkar described them as a ‘novel feature’ of the Constitution of India. The makers of the Indian constitution were influenced by the provisions of the Irish Constitution of 1937.
The principles embodied in Part IV are in the nature of directions, instructions or recommendations to the various governments, and government agencies (including even village panchayats) to be followed as fundamental in the governance of the country. “It shall be the duty of the State to apply these principles in making laws.”
These principles guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims : “Justice, social, economic and political; Liberty, Equality and Fraternity.” It should be noted that these principles are not justiciable though they have been declared fundamental in the governance of the country.
Directive Principles can be divided into four categories:
1. Socialistic and Economic Principles,
2. Gandhian Principles,
3. Liberal Principles and
4. Principles Relating to International Peace and Security.
1. Socialistic and Economic Principles:
The bulk of the directive principles aim at the establishment of a service State as opposed to a merely policy State. The principles aiming at the establishment of a Welfare State in India are as under:
(1) Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political shall inform all the institutions of national life.
(2) Article 39 calls upon the State to direct its policy towards securing:
- that the citizens, men and women equally have the right to an adequate means of livelihood.
- that there is equal pay for equal work for both men and women.
- that the ownership and control of the material resources of the community are so distributed as to subserve the common good.
- that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
- that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced to enter vocations unsuitable to their age.
- that the childhood and youth are protected against exploitation and moral and material abandonment.
(3) Articles 41 and 42 provide that the State shall made effective provision for securing the right to work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.
(4) Article 43 provides that the State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social and cultural opportunities.
2. Gandhian Principles:
Some of the Directive Principles are in accordance with Gandhian way of life. They are:
- The State shall organise village panahayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
- The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
- The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them form social injustice and forms of exploitation.
- The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.
- The State shall take steps to organise agriculture and animal husbandry on modern and scientific lines.
- The State shall take steps for preserving and improving the needs and for prohibition and protection from slaughter of cows and other milch cattle.
3. Liberal Principles:
In this category are included those principles which are of a general and of liberal character. These include:
- A uniform civil code throughout the territory of India.
- To bring abut the separation of judiciary from the executive.
- To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of 14 years.
- To raise the level of nutrition and the standard of living of the people and the improvement of the public health.
- The state shall protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
4. Principles Relating to International Peace and Security:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.
- The state shall endeavour to promote international peace and security.
- The state will maintain just and honourable relations between nations.
- The state will foster respect for international law and treaty obligation.
- The state will encourage settlement of international disputes byarbitration. The state is, thus, expected by the framers of the Constitution not only to take the form of a welfare state, but also to play a certain kind of role in world affairs, a role based on the quest for peace, justice, harmony and amity.
42nd Amendment Act and Directive Principles:
By 42nd amendment following principles are inserted in the Directive Principles of State Policy.
(i) The State shall ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral abandonment.
(ii) The state shall ensure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic and other disabilities.
(iii) The state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
(iv) The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life in the country.
44th Amendment and Directive Principles:
Forty-fourth Amendment inserted a new directive in Article 38. It provided for removal of inequalities in income. The state shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not amongst individuals but also amongst groups of people residing on different areas or engaged in different vocations.
Question 2.
Discuss in brief the objects of Directive Principles.
Answer:
Part IV of the Constitution can rightly be called an essay written on the Preamble to the Constitution of India.
1. The Directive Principles aim at the realisation of social and economic freedom without which political freedom has no meaning at all. The principles, to quote Joshi, ‘constitute a very comprehensive’ political, social and economic programme for a modern democratic state.
2. Article 38 declares that the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political shall inform all the institutions of the national life.
3. Art, 37 declares these principles to be ‘fundamental in the governance of the country’ and it shall be the duty of the state to apply these principles in making laws.
4. Speaking about the purpose of this Chapter Ambedkar said : “In enacting this part of the Constitution, the Assembly is giving certain directions to the future legislature and the future executive to show in what maiu °r they are to exercise the legislative and the executive power they will have. Surely it is not the intention to introduce in this part these principles as mere pious declarations.
It is the intention of this Assembly that in future both the legislature and the executive should not merely pay lip-service to these principles but that they should be made the basis of all legislative and executive action that may be taken thereafter in the matter of the governance of the country. The principles set forth the humanitarian socialist precepts that were and are the aims of the Indian social revolution.” In short, the principles recognize the ideal of service state in place of the regulatory state.
5. According to Dr. A. C. Kapoor, ‘These directive principles are intended to lay down in general terms the object which the framers of the constitution desired, the government at the Centre and in the states, should pursue in guiding the destiny of the nation. They are in the nature of affirmative instructions of government to direct their activities to do certain things and thereby promote the realizations of the high ideals set forth in the Preamble to Constitution.”
In the words of former Chief Justice K. Subba Rao, “In Part IV of the Constitution the Directive Principles of the state policy are laid down. It enjoins it to bring about a social order in which justice-social, economic and political shall inform all the institutions of national life. It directs it to work for an egalitarian society where there is no concentration of wealth, where there is plenty, where there is equal opportunity for all to education, to work, to livelihood and where there is social Justice.”
According to Dr. J.C. Joshi, “While Part III of Fundamental Rights lays down the foundations of political democracy in the country, Part IV contains a set of positive directions spelling out the charter of social and economic democracy.” Prof. B. K. Gokhale has rightly said that, “In brief they aim at the establishment of a welfare state in which justice, liberty and equality prevail and people are happy and prosperous.” The principles serve the purpose of a manifesto for political parties of India. Whichever party may come into power, it must follow the path shown in Part IV of the Constitution.
Question 3.
Explain briefly the grounds on which Directive Principles are criticised.
Or
The Directive Principles of State Policy do not matter. (Jennings). Discuss critically.
Answer:
The Directive Principles have been attacked from several quarters as the most misleading and superfluous features of the Indian Constitution. Commenting upon the futility of the Principles, Prof. K. T. Shah said, ‘The Directive Principles of State Policy are like a cheque payable by the bank at its convenience.” Mr. Nassiruddin, a member of the Constituent Assembly, thought that “the principles are no better than the new year’s resolutions which are broken on the second of January.” In short, the critics consider this Chapter the sleeping beauty of the Constitution. The chapter has been criticised on the basis of the following points :
1. Lack of Legal Force:
The Chapter on the Directive Principles has been criticised by the critics mainly on the ground that there is no legal force behind it. What cannot be made legally binding should not have been contained in the Constitution.
The government can very conveniently ignore them. None can compel the government to implement them. The people cannot seek the help of the Court to direct the state to enforce them as it obtains in the case of fundamental rights. As one writer has said : “Non justiciable and abstract directive principles which may be safely ignored by the legislatures do not enchance the true prestige of a written Constitution but these principles are declared fundamental in the governance of the country in spite of the fact they cannot be enforced by any court.”
2. Vague and Indefinite:
Most of the principles are vague and indefinite. The wisdom of some of these principles is open to serious doubt. It should be remembered that Directive Principles are not eternal and that they change from time to time. Man is a changing animal, so should the Principles be. Then, though the purpose of the inclusion of these Principles in the Constitution has been the establishment of a Welfare State in India, some important matters have been completely left out. For example, no Principle lays down in clear terms as to what should be the relationship between the workers and the capitalists.
3. Retard the Progressive Character of the Constitution:
By making these Principles eternal truths, immutable for all times to come, the Constitution has put the legislature in a very embarrassing position. It is not essential that these principles will provide a panacea for all the social and economic ills of the society. Every generation has its own problems and every problem needs a relative solution. In this age of atomic and hydrogen era, nothing can be taken for granted. It will be very harmful to fetter the progressive character of the Constitution.
4. Self-imposed Directions are Meaningless:
Directions are given by a superior to an inferior. But it looks funny and meaningless that a sovereign nation should issue directions to itself.
5. Constitutional Conflict:
Mr. K. Santhanam says that these principles may lead to conflict between President and the Prime Minister. He says, what happens if the P. M. of India ignores these instructions. The President may impose penal dissolution on the ground that since these are fundamental in the governance of the country, the P. M. or his ministry has got no right to ignore them. As such these principles may lead to conflict between the P. M. and the President.
6. Brake on the wheels of National Progress:
Dr. Jennings said that the ideals embodied in the chapter may not simply become outmoded and antiquated in the next century. They might act as citadels of reactions as well and thus clog national progress.
7. Means to implement Directive Principles not mentioned:
Directive Principles are like an end but to achieve the end no reference is made to the means. Means are not mentioned through which the Directive Principles have to be implemented.
8. Unrealistic and Impracticable Principles:
Most of the Directive Principles are unreaslistic and impracticable. For example, the enforcement of Prohibition and the maintenance of just and honourable relations with other countries of the world are impracticable principles.
9. Moral Principles: The Directive Principles are nothing more than mere moral principles.
Question 4.
What is the importance of the chapter on Directive Principles of State Policy in our constitution?
Or
Give a brief account of those Directive Principles of State Policy which reflect the country’s economic policies.
Or
Examine the importance of Directive Principles of State Policy.
Answer:
Despite the hostile criticism levelled against the Principles, the Chapter remains “one of the most cardinal, important and creative Chapters of this Constitution.” They don’t lose value by the fact that they lack legal force. By not making these Principles Justiciable, the makers of the Constitution did the right thing. Had they done so, they would have made the Principles rigid. It was not desirable for a living, vital and progressive nation. After all there can be honest difference of opinion to achieve the ideals set forth in the Constituent Assembly.
Dr. Ambedkar said : “We have left enough room for the people of different ways to persuade the electorate that it is the best way of searching economic democracy : the fullest opportunity to act in the way in which they want to act.” There is, thus, scope for flexibility for the realisation of these ideals. If they provide impetus for the conservatives, they equally restrain the radicals. They thus keep the Constitution on an even keel. .
1. Guidelines for the Government:
These principles guide each government regarding the internal and external policy of the state. Whatsoever government comes to power, it must act according to the guidelines provided by these principles. Any party may form the government, it is not to bother about the aims and objects of its administration because Directive Principles place before the government clear cut aims and ideals. By following these lines India can attain the required end.
2. Declaration of Ideal of the Welfare State:
The Directive Principles stand for a welfare state. These principles help in the realisation of the ideals of social justice and economic democracy. When the state translates these principles into reality, India can justly claim to be a welfare state.
3. Barometer for assessing the achievements of the government:
The directive principles are an important instrument in the hands of the people to judge the achievements of the government. In democracy the people govern through their representatives. They elect their representatives and they speak and act on behalf of the public. The representatives of the people try to promote the welfare of the people.
The people keep a strict watch over the activities of the government and keep on reminding the government abput its aims and objects. These directive principles serve as the measuring rod of attainments of the government. If the government acts on the lines provided by these principles, it is considered as a good government and if the government flouts these principles, it is considered a bad government.
4. Support of Public Opinion:
There is no legal force behind the directive principles of state policy. But there is the force of public opinion behind these principles. With the help of these principles a Welfare State can be established in India. These principles can help in the promotion of social and political lot of he people. In a democracy the people want the government to make their lives happy and prosperous.
The government which does not show due regards to these principles falls in the estimation of the people and in the next election it may not be able to capture the votes of the people. The people will vote for a government which runs its administration on the lines suggested by directive principles of state policy. The government, therefore, tries its utmost to implement these principles.
5. Important Place in the World:
These principles aim at the progress of man’s life. They aim at bringing a good name to India in the world. These principles can help in the establishment of a welfare state in India. These principles stress the need of maintaining friendly relations with other countries of the world and aim at the maintenance of world peace.
For all its efforts in the field of maintenance of world peace and other fields, India is very much respected by all other countries of the world. In oct. 2010, India was elected the member of the Security Council for the Seventh time for the period of 2-years between January 2011 to December 2012. India has also stood for world peace and, therefore, these principles can be called the very basis of Indian culture.
6. Helpful in making fundamental rights a success:
Keeping in view one more thing, the Directive Principles of State Policy cannot be called meaningless. We can make the best use of fundemantal rights only when the Directive Principles of state policy are implemented. A person may be given the right to vote, but if he is not free from his economic worries he is sure to sell his vote. The fundamental rights go side by side with the directive principles. Moreover, the executive is to be separated from the judiciary if justice is to be had. The success of fundamental rights depends upon the application of Directive Principles of state policy.
7. Guideline for the Judiciary:
No doubt, the Directive Principles cannot override the provisions contained in Chapter III, yet they have been helpful to the judiciary in determining the actual scope of the Fundamental Rights. In some of the decisions, the Supreme Court has made a direct reference to these principles.
In Nashirwar Vs. State of Madhya Pradesh, the Supreme Court held there is no fundamental right to carry on the trade of liquor, because of the reasons of public morality and public interest, etc. The Supreme Court referred to the directive principles contained in Article 47. Similarly in the State of Bihar Vs. Kameshwar Singh, the Supreme Court held that the abolition of Zamindari had legitimate ‘public purposes’.
No doubt the Directive Principles of state policy have no legal force behind them but even then their inclusion in the Constitution is not meaningless. Dr. Ambedkar had remarked that these Principles would be considered fundamental in the governance of the country. Those who are called upon to govern the state, must attach due importance to these principles.
These Principles serve as the guideline for the government and no government should ignore these principles. These principles serve as a constant reminder to the politicians and the inhabitants of the country that the framers of the Constitution had placed very high moral ideals before all of them.
Question 5.
Examine the relationship between fundamental rights and directive principles.
Or
Compare the judgement of the Supreme Court on the relationship between the Directive Principles and the Fundamental Rights.
Answer:
The Indian Bill of Rights has been included in Part III of the Constitution. It lays down the foundation of political democracy in the country. But political democracy is hollow if it is not accompanied by economic democarcy. Surplus and starvation cannot go together. Part IV of the Constitution deals with the Directive Principles. The aim of the Directive Principles is the establishment of Welfare state opposed to the Police state. By passing the Karachi Resolution in 1931, the Congress Party had committed itself to a programme of social and economic changes on the advent of independence. Hence the incorporation of the Principles in Part IV of the Constitution.
Difference between Directive Principles and Fundamental Rights :
The two differ in their nature and extent.
1. Fundamental Rights are justiciable, Directive Principles are not:
Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. In other words, the state cannot be sued in any court of law in case they are ‘violated’ or not implemented. The right to Constitutional Remedies, as enshrined in Art. 32 of the Constitution, covers Part III and not Part IV of the Constitution. They, thus, lack legal force. They confer no legal rights and create no legal remedies.
The Fundamental Rights, on the other hand, are enforceable by the courts. They are congnizable. The judiciary has been empowered to issue orders, directions and writs for the enforcement of the fundamental rights. But no such legal status has been conferred on the Principles. The Constitution clearly lays down that the Directive Principles “shall not be enforceable by any court.”
2. Fundamental Rights are Mandatory, while Directive Principles are Optional:
It is mandatory for the government to enforce Fundamental Rights. But Directive Principles are just like optional directive principles. It is for this reason that Prof. K. T. Shah depreciated the directive principles as ‘pious wishes’ and mere window dressing for the social revolution of the country.
3. Fundamental Rights are negative to prohibit the Government from doing certain things, the Directive Principles are affirmative instructions to the Government to do certain things:
The Directive Principles are of the nature of general directions to the State to frame its policy in accordance with the spirit of these principles. The principles contain certain ideas and ideals which the new nation has put before it. The fundamental rights are of the nature of ‘don’ts’. They are intended to curb the arbitrariness of Government.
For example, the Constitution prohibits the state to discrimate one citizen against the other on the ground of caste, class, sex, creed, language, religion, etc. Similarly, the state cannot deprive any person of his property save by authority of law’. The directives, on the other hand, are intended to serve as a chart for the Governments to follow. The state ‘shall strive for’ realisation of these principles. The principles are, thus, recommendatory and not mandatory.
4. Fundamental Rights Concern the Individual, while Directive Principles the Society:
Fundamental Rights are concerned with the individual whereas Directive Principles concern the entire society in which the individual is but a component.
5. Difference in Aim:
The aim of Fundamental Rights is political democracy but that of Directive Principles is Economic Democracy.
6. Fundamental Rights have already been attained but Directive Principles are not yet fully enforced,
7. In case of Conflict which of the two will get importance ? Before the passing of 25th and 42nd Amendments, Directive Principles were subsidiary to Fundamental Rights. In case of conflict between the two, the courts had to uphold the Fundamental Rights. No doubt, the Constitution enjoins upon the state to make its laws in accordance with the Principles. But while doing so, the state cannot harm the provision contained in Part III of the Constitution.
But the 25th Amendment Act changed the relations between directive principles and fundamental rights. The 25th Amendment lays down : “Notwithstanding anything contained in Art. 13, no law given effect to the policy of the state towards securing the principles specified in clause (B) or clause (C) of Art. 39 shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Arts. 14 and 19 or Art. 31 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any Court on the ground that it does not give effect to such policy.”
But by Section 4 of the 42nd Amendment Act, 1976, protection has been extended to legislation for implementation of any of the Directive enurmerated in Part IV. The effect of this amendment is far-reaching as it tends to give a primacy to the Directive Principles. It is not open now to any court to challenge any law based on Directive Principles, even though inconsistent with certain Fundamental Rights. In other words, as D.D. Basu puts it, “A law giving effect to any of the Directive shall be immune from attack of unconstitutionality on the ground of contravention of Arts. 14, 19 and 31.
Outside these three Fundamental Rights, however, the pre-1976 decisions shall continue to apply.” But on 9th May, 1980, the Supreme Court struck down section 4 of the 42nd Amendment Act amending 31 C giving primacy to Directive Principles of State Policy over fundamental rights. The Court held that Section 4 of the 42nd Amendment Act amending 31-C was beyond the amending power of Parliament and was void since it damages the basic total exclusion of challenge in Court of law on grounds that it takes away or abridges fundamental rights under Article 14 or Article 19 if the law was for giving effect to Directive Principles.
Question 6.
Explain to what exent the Directive Principles of State Policy have helped India to become a welfare state.
Answer:
The ideal of the welfare state is embodied in the Directive Principles given in the Indian Constitution. Prof. B. K. Gokhale has rightly said that, “In brief Directive Principles aim at the establishment of welfare state in which justice, liberty and equality prevail and people are happy and prosperous.” Directive Principles’ contribution to welfare state is as follows :
1. Article 38 provides that the state shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all the institutions of national life.
2. State should frame its policies in such a way as to ensure adequate means of livelihood to all. The state should ensure that health and strength of workers, men and women and the tender age of children are not abused and the citizens are not forced to enter vocation unsuitable to their age.
3. Directive Principles provided that the ownership and control of the material resources of the community are so distributed as to subserve the common good.
4. The state shall made effective provision for securing the right of work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.
5. The state will create conditions for well-being and advancement of the individuals.
6. The state shall promote with special care the educational and economic interests of the weaker sections of the people and the Scheduled tribes in order to protect them from social injustice and forms of exploitation.
7. The state shall take steps for decentralisation of power. Judiciary will be separated from the executive.
Question 7.
Discuss the Directive Principles of State Policy laid down in our Constitution. What are the sanctions behind them ?
Answer:
Directive Principles given in the Constitution.
The inclusion of the Directive Principles of State Policy in Part IV (Arts. 36-51) of the Constitution is one of the significant features of the Indian Constitution. Dr. Ambedkar described them as a ‘novel feature’ of the Constitution of India. The makers of the Indian constitution were influenced by the provisions of the Irish Constitution of 1937.
The principles embodied in Part IV are in the nature of directions, instructions or recommendations to the various governments, and government agencies (including even village panchayats) to be followed as fundamental in the governance of the country. “It shall be the duty of the State to apply these principles in making laws.”
These principles guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims : “Justice, social, economic and political; Liberty, Equality and Fraternity.” It should be noted that these principles are not justiciable though they have been declared fundamental in the governance of the country.
Directive Principles can be divided into four categories :
1. Socialistic and Economic Principles,
2. Gandhian Principles,
3. Liberal Principles and
4. Principles Relating to International Peace and Secutiry.
1. Socialistic and Economic Principles:
The bulk of the directive principles aim at the establishment of a service State as opposed to a merely policy State. The principles aiming at the establishment of a Welfare State in India are as under :
(1) Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political shall inform all the institutions of national life.
(2) Article 39 calls upon the State to direct its policy towards securing:
- that the citizens, men and women equally have the right to an adequate means of livelihood.
- that there is equal pay for equal work for both men and women.
- that the ownership and control of the material resources of the community are so distributed as to subserve the common good.
- that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
- that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced to enter vocations unsuitable to their age.
- that the childhood and youth are protected against exploitation and moral and material abandonment.
(3) Articles 41 and 42 provide that the State shall made effective provision for securing the right to work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.
(4) Article 43 provides that the State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social and cultural opportunities.
2. Gandhian Principles:
Some of the Directive Principles are in accordance with Gandhian way of life. They are:
- The State shall organise village panahayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
- The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
- The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them form social injustice and forms of exploitation.
- The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.
- The State shall take steps to organise agriculture and animal husbandry on modern and scientific lines.
- The State shall take steps for preserving and improving the needs and for prohibition and protection from slaughter of cows and other milch cattle.
3. Liberal Principles:
In this category are included those principles which are of a general and of liberal character. These include :
- A uniform civil code throughout the territory of India.
- To bring abut the separation of judiciary from the executive.
- To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of 14 years.
- To raise the level of nutrition and the standard of living of the people and the improvement of the public health.
- The state shall protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
4. Principles Relating to International Peace and Security:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.
- The state shall endeavour to promote international peace and security.
- The state will maintain just and honourable relations between nations.
- The state will foster respect for international law and treaty obligation.
- The state will encourage settlement of international disputes byarbitration. The state is, thus, expected by the framers of the Constitution not only to take the form of a welfare state, but also to play a certain kind of role in world affairs, a role based on the quest for peace, justice, harmony and amity.
42nd Amendment Act and Directive Principles:
By 42nd amendment following principles are inserted in the Directive Principles of State Policy.
(i) The State shall ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral abandonment.
(ii) The state shall ensure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic and other disabilities.
(iii) The state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
(iv) The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life in the country.
44th Amendment and Directive Principles:
Forty-fourth Amendment inserted a new directive in Article 38. It provided for removal of inequalities in income. The state shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not amongst individuals but also amongst groups of people residing on different areas or engaged in different vocations.
Sanctions behind the Directive Principles of State Policy. Although there is no sanction of law behind these Principles, ‘yet they have to be obeyed because behind them is the authority of public opinion, “a bigger and more powerful tribunal.” In the last analysis, a real sanction behind all laws is the public opinion, Same is true of the Directive Principles.
Like the conventions of the English Constitution they are the code of honour, the conscience of the nation. The masses are in favour of these Principles because they stand for the establishment of a Welfare State. In the words of Justice Kania, ‘The Directive Principles represent not the temporary will of a majority but the deliberate wisdom of nation exercised while setting the paramount and permanent law of the country.
In democracy, the rulers rule by suffrance i.e. authority is a trust. And any abuse of this authority on the part of the Government will make the public opinion hostile. The Government will certainly forfeit the confidence of the people if it deviates from Part IV of the Constitution. There shall be no hope of its coming into power if it fails to implement these Principles. None can discount the force of public opinion in democracy.
It is the active, propelling factor. The distinguishing feature of democracy is that government authority is built, controlled and conditioned by the force of an active public opinion. No government responsible to the people can afford to pay lip-service to these principles. “A little shift in public opinion may convert the majority of today into the minority of tomorrow.” All governments, even the most despotic one, ultimately rest on the consent of the people.
Question 8.
How far and in what manner the Directive Principles have been implemented in India ? Discuss.
Answer:
Opinions differ on how far the Directive Principles of State Policy have been implemented in actual practice. But it is absurd to claim that all these principles have been completely translated into action. On the contrary, it is equally wrong to allege, as was done by a Communist member of the Lok Sabha in 1958 that “these solemn declarations were not ‘directives’ but only ‘decoratives in the Constitution’.
The main objective of the Five-Year Plans has been to achieve a balanced economic development and to raise living standards. The plans are so designed as to result “not only in appreciable increase in national income and employment, but also in greater equality in incomes and wealth.”
Following steps have been taken to implement the Directive Principles as far as possible under existing conditions.
- Zamindari system has been abolished in almost all the states.
- Most states have passed laws prohibiting cow slaughter.
- Exploitation has been prohibited.
- In majority of the states Judiciary is separated from the executive.
- Various measures have been taken to promote the welfare of Scheduled Tribes and Scheduled Castes and to advance the educational and economic interests of weaker and backward sections of tlte people.
- Various steps have been taken to raise the standard of living of the people.
- Means of production are no longer completely in the hands of private sector. Key industries have been nationalised.
- New and mechanised means of agriculture are being adopted.
- Various measures have been adopted to promote small scale and cottage industries.
- Panchayati Raj is established in almost in all the states.
- Community Projects have been started to develop villages.
- Steps have been taken for prohibition.
- Women are given equal rights with men.
- The enactment of the Hindu Marriage Act (1955) and the Hindu Succession Act (1956) are important landmarks on the road to the development of a Uniform Civil Code.
- Main aim of the 25th Amendment is the implementation of the Directive Principles.
- Free and compulsory education has been introduced in many States.
- Indian government has tried to establish friendly relations with neighbouring states.
- India has followed the policy of non-alignment and has played a very important role in maintaining world peace.
- Prime Minister Sh. Narender Modi has adopted many measures to implement the Directive Principles.
- In Jan 2019, the central government givens 10% Reservation for Economically weaker sections in upper caste.
Short Answer Type Questions
Question 1.
Explain the nature of Directive Principles of State Policy as mentioned in the Constitution of’India.
Answer:
Article-37 exhibits the nature of directive principles. Article-37 of the Constitution clearly lays down that the directive principles are not justiciable, yet these principles are nevertheless fundamental in the governance of the country. It shall be the duty of the State to implement directive principles. Thus, it is clear that the directive principles are not enforceable, yet they are to be regarded as fundamental principles in the governance of the country.
Another words, directive principles guide the government in the formulation of policies. The directive principles are intended to be kept in mind both by the legislature in enacting laws and by the executive in enforcing the law. These are unenforceable directives through which the constituent assembly tried as Dr. Ambedkar put it. ‘To give certain direction to the future legislature and the future executive to show in what manner.
They are to exercise the power they will have.” These directive principles are mostly in the nature of moral precepts and economic maxims, having no legal force. The directive principles specify the aims and objectives of the Constitution of India which are to be seemed by the state through future policy making and legislation.
Question 2.
What are the main aims of the Directive Principles?
Answer:
- Most important aim of the Directive Principles is to establish social and economic democracy. They aim at the realisation df social and economic freedom without which political freedom has no meaning at all.
- Directive Principles guide the state legislature and executive in the governance of the country.
- These Principles aim at the establishment of a welfare state in which justice, liberty and equality prevail and people are happy and prosperous.
- These principles serve the purpose of a manifesto for all the political parties of India. Whichever party may come into power, it must freed the path shown by Directive Principles.
Question 3.
Mention any five directive principles given in the Constitution.
Answer:
- The state shall strive to promote the welfare of the people.
- The state shall endeavour to secure a living wage and decent conditions of work.
- The state shall take steps to establish a uniform Civil Code throughout the country.
- The state shall endeavour to promote international peace and security.
- The state shall take steps to separate the judiciary from the executive.
Question 4.
State any four Directive Principles of State Policy which lay down the foundation of a Socialist Society in India.
Answer:
The bulk of the directive principle aims at the establishment of a Socialist Society in India. Most of the socialistic principles are contained in Article 38, 39, 41, 42 and 43.
- The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice-4 social, economic and political shall inform all the institution of national life.
- The State shall provide adequate means of livelihood to all citizens, men as well as women.
- The State shall try to secure equitable distribution of material resources of the community with a view to ensure common good.
- The State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social-cultural opportunities.
Question 5.
Explain in brief the Gandhian principles as provided in the Directive Principles of the State Policy.
Answer:
Some of the Directive Principles are in accordance with Gandhian Ideology. They are as follows:
- The State shall organise village panchayats to enable them to function as units of Self-governments.
- The State shall endeavour to promote cottage industries on individual and co¬operative basis in small areas.
- The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them from social injustice and forms of exploitation.
- The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.
Question 6.
Describe four Directive Principles relating to International peace and security.
Answer:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.
- The state shall endeavour to promote international peace and security.
- The state will maintain just and honourable relations between nations.
- The State will foster respect for international law and treaty obligation.
- The state will encourage settlement of international disputes by arbitration.
Question 7.
Describe any four Liberal Principles as provided in the Directive Principles of State Policy.
Answer:
In this category are included those principles which are of a general and of liberal character. These include:
- A uniform civil code throughout the territory of India.
- To bring about the separation of judiciary from the executive.
- To provide, within ten years from the commencement of the Constitution, free and Compulsory education to all children up to the age of 14 years.
- To raise the level of nutrition and the standard of living of the people and the improvement of the public health.
Question 8.
What do you understand by the statement that Directive Principles are non-justiciable?
Answer:
Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. It means that the State cannot be sued in any court of law in case directive principles are violated or not implemented. The right to Constitutional remedies, as enshrined in Article-32 of the Constitution covers fundamental rights and not directive principles. .Thus, directive principles lack legal force. They confer no legal rights and create no legal remedies. They are not enforceable by the courts.
Question 9.
Justify that Directive Principles have gone a long way in establishing a Welfare State in India.
Or
How do the Directive Principles of State Policy help in the establishment of a Welfare State?
Answer:
The purpose of incorporating directive principles of State Policy in the Constitution is to make India a Welfare State. Prof. B.K. Gokhale has rightly said that “In brief they aim at the establishment of a Welfare State ” The directive principles which render welfare character to the Indian state may be summed up as under:
- The State shall try to secure the welfare of the people by securing and protecting a social order.
- The State shall provide adequate means of livelihood to all citizen men as well as wopien.
- The State shall provide equal pay for equal work for both men and women.
- The State shall secure right to work, to education and to public assistance in cases of unemployment, old age, sickness, etc.
Question 10.
Write any four Directive Principles of State Policy that have been implemented.
Answer:
The Directive Principles are not just pious wishes. Many of these principles have already been implemented. For instance:
- Untouchability, the age-old curse of the Indian society, has been made an offence punishable by law and a number of laws have been enacted for this purpose.
- Panchayats have been established in the remotest villages of our country and they have been vested with adequate powers to ensure their functioning as units of self-government.
- For the promotion of cottage industries the Government has established several boards, viz., All India
- Handloom Board, All India Khadi and Village Industries Board, etc.
Steps like reservation of seats in educational institutions and posts in services have been taken to promote the interest of Scheduled castes and Scheduled tribes.
Question 11.
State any four points of difference between the Fundamental Rights and the Directive Principles.
Answer:
The following are the four main points of different between the Fundamental Rights and the Directive Principles:
1. Fundamental rights are like negative injunctions asking the state not do this or that, but the directive principles are like positive directions that the state should follow in order to establish the desired social and economic order.
2. The fundamental rights are justiciable, but the directives are not enforceable by courts.
3. The underlying object of the fundamental rights is to establish political democracy in India, while the purpose of directive principles is the establishment of economic democracy in our country.
4. The directive principles are in many cases of a wider scope than the fundamental, rights. The directive principles contained in Article 39 (b) and (c) enjoy precedence over the fundamental rights contained in Articles 14 and 19. The fundamental rights contained in other Articles enjoy primary over all the directive principles.
Question 12.
Explain briefly four main grounds on which Directive Principles are criticised.
Answer:
The Directive Principles have been attacked from several quarters as the most misleading and superfluous features of the Indian Constitution.
1.Lack of Legal Force. The Chapter of the Directive Principles has been carried down by the critics mainly on the ground that there is no legal force behind it. What cannot, be made legal binding should not have been contained in the Constitution.
2. Vague and Indefinite. Most of the Principles are vague and indefinite. The wisdom of some of these principles is open to serious doubt.
3. Self-imposed Directions are Meaningless. Directions are given by a superior to an inferior. But it looks funny and meaningless that a sovereign nation should issue directions to itself.
4. Means to implement Directive Principles not mentioned. Directive principles are like an end but to achieve the end no reference is made to the means. Means are not mentioned through which the Directive Principles have to be implemented.
Question 13.
Describe in brief the importance of Directive Principles.
Answer:
1. Guidelines for the Government. These principles guide each government regarding the internal and external policy of the state.
2. Declaration of Ideal of the Welfare State. The Directive Principles stand for a welfare state. These principles help in the relation of the ideals of social justice and economic democracy. When the state translates these principles into reality, India can justly claim to be a welfare state.
3. Barometer for Assessing the achievements of the Government, The directive principles are an important instrument in the hands of the people to judge the achievements of the government.
Very Short Answer Type Questions
Question 1.
What are the main aims of the Directive Principles?
Answer:
- Most important aim of the Directive Principles is to establish social and economic democracy. They aim at the realisation of social and economic freedom without which political freedom has no meaning at all.
- Directive Principles guide the state legislature and executive in the governance of the country.
Question 2.
Discuss any two directive principles given in the Constitution.
Answer:
- The state shall strive to promote the welfare of the people.
- The state shall endeavour to secure a living wage and decent conditions of work.
Question 3.
State any two Directive Principles of State Policy which lay down the foundation of a Socialist Society in India.
Answer:
- The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice-4social, economic and political shall inform all the institution of national life.
- The State shall provide adequate means of livelihood to all citizens, men as well as women.
Question 4.
Explain any two Gandhian principles as provided in the Directive Principles of the State Policy.
Answer:
- The State shall organise village panchayats to enable them to function as units of Self-governments.
- The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
Question 5.
Explain any two Directive Principles relating to International peace and security.
Answer:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.
- The state shall endeavour to promote international peace and security.
- The state will maintain just and honourable relations between nations.
Question 6.
Describe any two Liberal Principles as provided in the Directive Principles of State Policy.
Answer:
In this category are included those principles which are of a general and of liberal character. These include:
- A uniform civil code throughout the territory of India.
- To bring about the separation of judiciary from the executive.
Question 7.
What do you understand by the statement that Directive Principles are non-justiciable?
Answer:
Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. It means that the State cannot be sued in any court of law in case directive principles are violated or not implemented.
Question 8.
How do the Directive Principles of State Policy help in the establishment of a Welfare State?
Answer:
The directive principles which render welfare character to the Indian state may be summed up as under:
- The State shall try to secure the welfare of the people by securing and protecting a social order.
- The State shall provide adequate means of livelihood to all citizen men as well as women.
Question 9.
Write any two Directive Principles of State Policy that have been implemented.
Answer:
The Directive Principles are not just pious wishes. Many of these principles have already been implemented. For instance:
- Untouchability, the age-old curse of the Indian society, has been made an offence punishable by law and a number of laws have been enacted for this purpose.
- Panchayats have been established in the remotest villages of our country and they have been vested with adequate powers to ensure their functioning as units of self-government.
Question 10.
Explain any two points of difference between the Fundamental Rights and the Directive Principles.
Answer:
The following are the four main points of different between the Fundamental Rights and the Directive Principles: .Fundamental rights are like negative injunctions asking the state not do this or that, but the directive principles are like positive directions that the state should follow in order to establish the desired social and economic order.
- The fundamental rights are justiciable, but the directives are not enforceable by courts.
Question 11.
Explain briefly two main grounds on which Directive Principles are criticised.
Answer:
Lack of legal force:
The Chapter of the Directive Principles has been carried down by the critics mainly on the ground that there is no legal force behind it. What cannot be made legal binding should not have been contained in the Constitution.
Vague and Indefinite: Most of the Principles are vague and indefinite. The wisdom of some of these principles is open to serious doubt.
Question 12.
Describe in brief the importance of Directive Principles.
Answer:
- Guidelines for the government. These principles guide each government regarding the internal and external policy of the state.
- Declaration of Ideal of the Welfare State. The Directive Principles stand for a welfare state. These principles help in the relation of the ideals of social justice and economic democracy.
One Word to One Sentence Answer Type Questions
Question 1.
Mention any one Directive Principle concerning the welfare of children.
Answer:
Within ten years from the enforcement of the constitution, the state will make provision for free and compulsory education for children up-to fourteen years of age.
Question 2.
In which part of the Indian Constitution and in which Articles, the Directive Principles of State Policy have been mentioned?
Answer:
Directive Principles of State Policy have been mentioned in the With part of the Indian Constitution from Art. 36 to Art 51.
Question 3.
Mention any one Socialistic Directive Principle.
Answer:
The state will provide the means of livelihood to all
Question 4.
Mention any one directive principle concerning social welfare.
Answer:
The state will create such a social order in which all the citizens will get social, economic and political rights in every sphere of national life.
Question 5.
Mention any one economic Directive Principle.
Answer:
The state will create such a social system in which the ownership and distribution of the physical and material resources of the country will be such as to achieve the interest of the common people.
Question 6.
Mention the one Directive Principle of State Policy which was incorporated in the Indian Constitution through the 42nd Amendment.
Answer:
By a proper law or any other method, the state will try for the objective that labourers get opportunities to participate in any business concerning industries and other such institutions.
Question 7.
Directive Principles are not justiciable. What do you mean by this statement?
Answer:
There is no legal sanction behind the Directive Principles.
Question 8.
Discuss the source of Directive Principles.
Answer:
The Irish Constitution.
Question 9.
What is the relevance of the Directive Principles of State Policy?
Answer:
Directive Principles are torch-bearer for the ruling party.
Question 10.
Write down any one Directive Principle concerning welfare of women.
Answer:
Men and women should get an equal salary.
Fill in the blanks
1. The Directive Principles of State Policy are enumerated in …………… of the Indian Constitution, under Article 36 to 51.
Answer:
Part-IV
2. The Constitution makes borrowed the idea of Directive Principles from the …………… Constitution.
Answer:
Irish
3. By …………… Amendment some New Directive Principles are also included in the Constitution.
Answer:
42nd
4. Directive Principles are fundamental in the …………… of the country.
Answer:
Governance
5. Fundamental Rights are justiciable while …………… of state policy are non-justiciable.
Answer:
Directive Principle.
True or False Statement
1. Dr. Ambedkar described Directive Principles as a novel feature’ of the Constitution
Answer:
True
2. A uniform civil code throughout the territory of India as regarded the Gandhian principles.
Answer:
False.
3. The main object of the Directive principles is the establishment of welfare Gate.
Answer:
True
4. Directive Principles did not sepre the purpose of manifesto for political parties of India.
Answer:
False.
5. There is a legal force behind the Directive Principles.
Answer:
False.
Choose The Correct Answer
Question 1.
Who said, “The Directive Principles of State Policy are like a cheque payable by the Bank at its convenience”?
(A) M.C. Chagla
(B) Nassirudin
(C) J.C. John
(D) KT. Shah.
Answer:
(B) Nassirudin
Question 2.
Framers of the Indian Costitution borrowed the idea of Directive Principles of the State from the Constitution of:
(A) England
(B) U.S. A.
(C) Ireland
(D) France.
Answer:
(C) Ireland
Question 3.
The purpose of Inclusion of Directive Principles in the Constitution is:
(A) To establish Political Democracy
(B) To establish Social Democracy
(C) To establish Social and Economic Democracy
(D) None of these.
Answer:
(C) To establish Social and Economic Democracy
Question 4.
Directive Principles of State Policy are mentioned under Articles:
(A) 14 to 32
(B) 19 to 22 .
(C) 12 to 34
(D) 36 to 51.
Answer:
(D) 36 to 51.
Question 5.
The nature of Directive Principles of State Policy is:
(A) Negative
(B) Positive
(C) Both Negative and Positive
(D) Neither Negative nor Positive.
Answer:
(B) Positive