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Directive Principles of State Policy and Amendments

Directive Principles of State Policies

Indian Polity Notes: Directive Principles of State Policy

Directive Principles of State Policy:
  • The Directive Principles contains the Part IV of Constitution.
  • The Directive Principles aims to provide social and economic base of genuine democracy.
  • There are three types of Directive Principles providing the social and economic justice in a welfare state.
  • The Socio-Economic Principles require the state to provide adequate means of livelihood to all citizens.
  • It requires preventing concentration of wealth and production and ensuring the equitable distribution of wealth and material resources.
  • The Principles secure equal pay for the equal work of women and men.
  • It ensures the good standard of living of all workers.
  • The Principles provide the necessary opportunities and facilities to youth and children for preventing the exploitation.
  • The Principles make efforts to secure the right to education, work, public assistance regarding sickness, unemployment etc.
  • The Gandhian Principles include the establishment of village panchayats to function as the Government unit.
  • The Gandhian Principles include promotion of educational and economic interest of the weaker sections of society, promotion of cottage industries, prohibition of drinks and intoxicating drugs and prevention of slaughter of cow and other cattle.
  • The Liberal Principle is based on the liberal thinking and it emphasizes the need for the uniform civil code across the country, compulsory and free education for all children up to 14 years, separation of executive and judiciary, organization of agriculture and animal husbandry along the scientific lines, secure participation of the workers of industries. 
  • The principles also safeguard the wildlife and forests of the country, monuments of historical importance.
  • In case of any difference or conflict between fundamental rights and the Directive Principles the first one should prevail in the court.
  • 42nd Amendment Act confirmed that though the directives are not directly enforceable directly, it would be immune totally from the unconstitutionality on grounds of Fundamental Rights conferred by the Arts.14 and 19.
  • The Fundamental Duties are 11 in number incorporated in the Part IVA of Art. 51A those are incorporated by the 42nd Amendment Act.

Under this Article, these are the duties of every citizen of India:
  • To follow the Constitution and respect the ideals and institutions, National Flag and National Anthem.
  • To follow and cherish the ideals that inspired National Struggle of Freedom.
  • To defend the country.
  • To protect the sovereignty, unity and integrity of India.
  • To promote the harmony and brotherhood spirit among the Indians.
  • To value and preserve the rich cultural heritage of India.
  • To protect and upgrade the natural environment.
  • To develop the scientific temper and spirit of inquiry.
  • To safeguard the public property.
  • To strive towards excellent performance in individual and collective activity.
  • To provide education of all children from the age group six to fourteen.
  • The last Fundamental Duty was added by the 86th Constitution Amendment Act, 2002.
  • The Constitution can be changed by the process of Amendment mentioned in the Art. 368.
  • The procedure of Amendment is rigid and requires a special procedure and majority.
Amendment of Indian Constitution:
  • There are no separate bodies to make the Amendment of the Constitution. It can be amended by introducing a Bill in either house of the Parliament.
  • The Amendment Bill must be passed by each house by a special majority (50% of total membership and by a majority of not less than two-thirds of the members of the present house.
  • According to the provisions of Art. 368, the Amendment Bills must be passed by the Parliament in same way as the Ordinary Bills.
  • The procedure of joint session is not applicable to the Bills for Amendment of the Constitution. The sanction of the President is not necessary for introducing any bills for Amendment of the constitution.
  • The Amendment of Art. 368 in 1971 have made it obligatory for the President to give his assent to a Bill for amendment of the Constitution, when it is presented to him after its passage by the Legislature.
  • Until the case of Golak Nath, the Supreme Court held that no part of Indian Constitution is amendable.
  • In Keshavananda Bharati Case, the Supreme Court declared that there are certain basic features of the Constitution of India that cannot be altered by an Amendment under Art. 368.
  • No referendum or reference to the Constituent Assembly is required to amend any provision of the constitution.
  • Though there is no specified list for the basic features of the Constitution, some prominent features of the Supreme Court is declared here. Those are Supremacy of the Constitution, Rule of law, The principle of separation of powers, objectives specified in the Preamble to the constitution, Federalism, Unity and Integrity of the nation, the Fundamental Rights mentioned in Part III, Effective access to justice, powers of the supreme court under Art. 32, 136, 141, 141, the free and fair election, independence of the judiciary, the conceptual social and economic justice to build a welfare state, freedom and dignity of an individual etc.
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