Fundamental Rights And Directive Principle State Policy

 Fundamental Rights And Directive Principle State Policy

Introduction

The goal of the DPSP is to establish a "Welfare State." In other words, developing social and economic democracy in the state is the motivation behind the inclusion of DPSP rather than establishing political democracy. 

These principles are "novel features," in the words of Dr. B. R. Ambedkar, of the Constitution. The DPSP serves as a guideline for the state and should be taken into account when creating any new laws or policies. However, since the DPSP is not justifiably, no one can compel the State to take into account and adhere to everything that is stated in it.

Directive Principles of State Policy: Meaning and Genesis

The DPSP concept was not created locally. Grandville Austin referred to the Directive Principles of State Policy (DPSP), which were derived from Article 45 of the Irish Constitution, as the "conscience of the constitution." Part IV of the Indian Constitution lists it. Its origins may be found in the Spanish Constitution. These are some fundamental ideas, instructions, or rules that the government should follow while creating and carrying out national laws and policies.

We must first comprehend the meaning of each term in the phrase "directive principle of state policy," which suggests that these are the guiding principles that the state should follow when formulating policies for its citizens. These DPSPs serve as a roadmap for the state and must be taken into account when drafting any new laws, but a citizen cannot compel the state to abide by DPSPs.

Meaning: Directive Principles are in the form of guidelines for the state in deciding the sociology – economic development of India.

Significance

1. Welfare state: The directive principles' main goal is to represent the idea of a "welfare state." Justice, freedom, and equality are guaranteed to Indian people under the constitution. Consequently, citizens have granted particular rights. However, people cannot be made happy and live prosperous lives by merely guaranteeing their freedom and equality. The government must create a number of initiatives for its people and use them to ensure both their personal well being and the advancement of the country.
2. Development: Following its independence, India faced several difficulties. The goal was to make this nation a developed, forward-thinking nation. Consequently, it was essential to implement a dynamic and demanding development program. To determine the areas that should be prioritize, guidance was required. The directing principles of state policy served as this direction. The route to the state necessary for growth is shown.
3. Additional fundamental rights:The rights to social, economic, and cultural freedom are covered by directive principles. These ideas have made it possible for the government to enact legislation that will protect the weaker members of society, end inequality, and end poverty.

Nature of Directive Principles:

The country's government is fundamentally based on directive principles. However, when it is violated, they cannot be justified in court. They have moral nature. These principles just serve as guidelines for the state and the agencies responsible for creating laws and policies.

Constitutional directive principles:

The Directive Principles are divided into four groups for simple understanding: 

• Social Principles
• Economic Principles
• Political Principles
• International Principles

A] Social Principle: 

1. All children under the age of fourteen shall get free and required education from the state.
2. It should advance the interests of the marginalized groups, particularly the SC and ST.
3. The state ought to put a prohibition on poisonous pharmaceuticals that are bad for your health and work to promote public health.
4. The state ought to encourage the advancement of animal husbandry and agriculture along rational lines.
5. The state must work to safeguard and maintain the natural world, including its forests and wildlife.
6. Historical sites and national monuments ought to be safeguarded by the government.

B] Economic Principle:

1. All citizens should have access to sufficient means of subsistence.
2. It should make use of the nation's material resources for the benefit of everyone in society.
3. It should stop money from being concentrated in the hands of a select few.
4. It should guarantee that all men and women receive equal compensation for equivalent labor.
5. The state should make sure that no one is forced to choose a career that is inappropriate for his or her age and aptitude.
6. The state must work to establish circumstances that will allow kids to develop in a free and healthy environment.
7. The state shall create a legal system that promotes justice and provides free legal aid to the weaker sections of society.
8. All citizens should be given the right to work and the right to education. They should be provided assistance in old age and illness.
9. The state shall strive to secure just and humane conditions of work for the workers.

C] Political Principles: 

1. To increase public engagement in political issues, the state must set up rural Panchayats.
2. The government should work to impose a unified civil code for all Indian people.
3. To protect the independence of the judiciary, the executive branch should be divided from it.

D] International relations guiding principles:

1. The state must develop a foreign policy that advances world peace and security.
2. It will encourage respectable and cordial ties between nations.
3. Arbitration and peaceful procedures shall be used to settle conflicts between nations.

Separating fundamental rights from guiding principles:

1. Legal protection exists for fundamental rights. In contrast, state policy directives are not covered by this protection. In the event that the directions are not followed, we are unable to file a lawsuit.
2. Individual freedom and liberty are guaranteed by fundamental rights. These are a citizen's fundamental civil and political rights. The state's rules are known as Directive Principles. It demonstrates the route taken by the government while creating welfare state programmers.
3. Both contribute to striking a balance between personal freedom and the common welfare.
4. In the event of a disagreement, basic rights must take precedence over Directive Principles. But in order to implement directive principles, Parliament may amend the constitution and modify fundamental rights.

Case Study: State Policy's Directive Principles

It has been debated for years whether Fundamental Rights come before DPSPs or whether the latter hold a higher place than the former.

There have been some significant legal rulings that have attempted to address this issue, and they are as follows:

Bill for Kerala Education 

The court ruled that if a conflict arises between a fundamental right and a designated protected speech provision (DPSP), the harmony between the two should not be disturbed. However, if the conflict persists despite applying interpretations doctrines, the court recommended upholding the fundamental right and giving it priority over the DPSP.

Champakan vs Madras

Any law that violates the guidelines outlined in Part III of the Indian Constitution will be deemed invalid, although DPSPs are exempt from this rule. This demonstrates that in this instance, fundamental rights take precedence over DPSPs.

I. C. Golaknath & Ors vs. Punjab State & Anr.

The Court ruled that the Parliament cannot restrict fundamental rights when enacting national laws or policies. It further said that if a legislation has been created to carry out Articles 39(b) and(c) of Part IV of the Constitution and, in the course of doing so, violates either Articles 14(a), 19(a), or 31(a), the law cannot be ruled unlawful only because of the violation.

Andhra Pradesh State v. Unnikrishnan 

According to the Court, fundamental rights and directive principles are not mutually incompatible but rather work best together. The fundamental rights, according to the Court, are the means by which the objectives outlined in Part IV can be accomplished.

Conclusion

Because DPSPs are not uphold-able in a court of law, their importance cannot be discounted. These guidelines were added to help with the nation's governance and efficient operation. It was included to satisfy the primary goals and ultimate aim of a nation, which is to strive for the welfare of its people. The material stated above includes some significant Acts, thus we cannot claim that DPSPs are not used or are of no significance at all ube.

It is similar to the government being given a framework within which to operate and create new laws in order to safeguard the welfare of the populace. Every state legislation and piece of policy must adhere to the requirements that are stated in the Constitution's Part IV.

As a result, although though they are not subject to the courts, they are implemented in certain significant Acts and are just as relevant and significant as the fundamental rights outlined in Part III of the Indian Constitution.