DIRECTIVE PRINCIPLES OF STATE POLICY

Directive principles are enumerated in Part 4 of The Constitution They contain the guidelines or directives which have to be followed by the State while establishing and deciding laws and policies for the country. The three organs of the government- the executive, the judiciary and the legislature exercise their powers according to the directive principles. The directive principles of state policy follow a principle that helps in the overall development of the nation, social justice and economic welfare etc. But the violation of the directive principles of State policy is not a punishable offence. This cannot be enforced in a court of law and hence, the state cannot be sued for not following the same. The directive principles are divided into three categories- Socialistic Directives, Gandhian Directives, and Liberal Intellectual Directives. These principles aim to create a positive socio-economic environment to help the citizens have a better life.

The basic differences between Directive Principles and fundamental rights are-

  • Fundamental rights have a limited scope and the scope of directive principles of state policy is limitless.
  • Fundamental Rights protects the rights of the individual and work at a micro level whereas directive principles protect the rights of the citizens at a macro level.
  • When anybody feels that his fundamental rights are violated he can directly approach the court however if a person’s directive principles are violated he cannot move to the court because directive principles are not enforceable in any court of law.
  • Fundamental rights promote the welfare of the individual. Hence they are personal and individualistic whereas directive principles promote the welfare of the community. Hence they are socialistic

In Golak Nath vs. the State of Punjab, it was held that Fundamental Rights cannot be diluted, abridged, diminished, finished or taken away and in response brought an Amendment Act and inserted Article 31(c) in part III of the Constitution. 

In Champak Dorairajan vs. the State of Madras, the Supreme Court held that DPSP cannot override the provisions of Part III of the Constitution of India i.e. the Fundamental Rights. DPSP has to run subsidiary to the Fundamental rights and have to confirm them and this was very important judgement the parliament responded by amending various fundamental rights which were coming in conflict with DPSP.

In the case of Pathumma vs. the State of Kerala, the Supreme Court emphasised the purpose of DPSP that is to fix some social-economic goals. The constitution aims at bringing about a combination between DPSP and Fundamental rights which is reflected in several other cases as well

In Dalmia Cement vs. Union of India, the Supreme Court said that Fundamental rights and DPSP are supplementary and complementary to each other and the preamble to the constitution which gives an introduction, fundamental rights, DPSP are conscience of the Constitution

It is the basic and the most important feature of the Constitution to maintain peace and harmony between the administration of directive principles as well as the fundamental rights. These are complementary and supplementary to each other. The fundamental rights, on one hand, deal with civil as well as political rights on the other hand directive principles focuses more on social as well as economic rights. Even though DPSP’s are not enforceable in courts, and no actions can be brought if these are violated, still it does not mean that they are subordinate. Fundamental rights and DPSP go together and neither of them is supreme to one another.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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