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CENTRAL UNIVERSITY OF PUNJAB, BATHINDA
SUBJECT: - JURISPRUDENCE
SUBMITTED BY: - SUBMITTED TO: -
YASHASHVI SINGH Dr. TARUN ARORA (CUPB)
1ST SEMESTER
LL.M, CUPB
REVIEW OF J.N. PANDEY BOOK: -THE CONSTITUTIONAL LAW OF INDIA
CHAPTER 18- DIRECTIVE PRINCIPLE OF STATE POLICY
The Directives Principles of State Policy contained in in part IV of the Indian constitution set out the
aim and objectives to be taken by the states in the governance of the country. Articles 36-51 under Part-
IV of Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed
from the Constitution of Ireland, which had copied it from the Spanish Constitution. The idea of welfare
state envisaged by our constitution can only be achieved if the satesendeavoursto implement them with
a high sense of moral duty.
The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and
the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights,
whereas the non-justiciable ones are the Directive Principles of State Policy. DPSP are ideals which are
meant to be kept in mind by the state when it formulates policies and enacts laws.
The objectives of Directive Principles can be understood from the speech of Dr. B. R. Ambedkar
in the constituent assembly. He said: “…our constitution lays down what is called parliamentary
democracy. By this it means that “one man, one vote”. We do not want to install by any means
whatsoever a perpetual dictatorship of any particular body of people…...”
Thus, it is clear that the main objectives in enacting the DPSP appears to have been to set
standards of achievements before the legislature and executives, the local and other authorities,
by which their success of failure can be judged.
The 44th
Amendment Act of 1978 added one more Directive Principles which requires the state to
minimise inequalities in income, status, facilities and opportunities in article 38. Article 38. State to
secure a social order for the promotion of welfare of the people .
1. 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.
2. The State shall, in particular, strive to minimize the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but
also amongst groups of people residing in different areas or engaged in different vocations.
Article 38 which provides that the state shall, in particular, strive to minimise inequalities in income
and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst
individuals but also amongst groups of people residing in different area or engaged in different
vocations. In the recent judgment AIR INDIA STATUTORY CORPORATION v. UNITED LABOUR
UNION (AIR1997SC645), hon’ble Supreme Court has explained that the concept of social justice
consists of diverse principles essential for the orderly growth and development of personality of every
citizen.
The 86th
Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary
education a fundamental right under Article 21 A. The amended directive requires the State to provide
early childhood care and education for all children until they complete the age of six years.
The 97th Amendment Act of2011 added a new Directive Principle relating to co-operative societies.
It envisages that the state to promote voluntary formation, autonomous functioning, democratic control
and professional management of co-operative societies (Article 43B).
CONCLUSION: -In the nutshell the Directive Principles of State Policy refers to those principles,
which should be kept in mind by the State while formulating policies. They are non-justiciable which
means one cannot approach the court for its non-implementation but can be referred to by the Supreme
Court while deciding whether a particular policy is unconstitutional or not. I think DPSP is overall a
peacemaker in parliamentary form of democracy.

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Book review, jurisprudence

  • 1. CENTRAL UNIVERSITY OF PUNJAB, BATHINDA SUBJECT: - JURISPRUDENCE SUBMITTED BY: - SUBMITTED TO: - YASHASHVI SINGH Dr. TARUN ARORA (CUPB) 1ST SEMESTER LL.M, CUPB
  • 2. REVIEW OF J.N. PANDEY BOOK: -THE CONSTITUTIONAL LAW OF INDIA CHAPTER 18- DIRECTIVE PRINCIPLE OF STATE POLICY The Directives Principles of State Policy contained in in part IV of the Indian constitution set out the aim and objectives to be taken by the states in the governance of the country. Articles 36-51 under Part- IV of Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution. The idea of welfare state envisaged by our constitution can only be achieved if the satesendeavoursto implement them with a high sense of moral duty. The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy. DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. The objectives of Directive Principles can be understood from the speech of Dr. B. R. Ambedkar in the constituent assembly. He said: “…our constitution lays down what is called parliamentary democracy. By this it means that “one man, one vote”. We do not want to install by any means whatsoever a perpetual dictatorship of any particular body of people…...” Thus, it is clear that the main objectives in enacting the DPSP appears to have been to set standards of achievements before the legislature and executives, the local and other authorities, by which their success of failure can be judged. The 44th Amendment Act of 1978 added one more Directive Principles which requires the state to minimise inequalities in income, status, facilities and opportunities in article 38. Article 38. State to secure a social order for the promotion of welfare of the people . 1. 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. 2. The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. Article 38 which provides that the state shall, in particular, strive to minimise inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different area or engaged in different vocations. In the recent judgment AIR INDIA STATUTORY CORPORATION v. UNITED LABOUR UNION (AIR1997SC645), hon’ble Supreme Court has explained that the concept of social justice
  • 3. consists of diverse principles essential for the orderly growth and development of personality of every citizen. The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years. The 97th Amendment Act of2011 added a new Directive Principle relating to co-operative societies. It envisages that the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B). CONCLUSION: -In the nutshell the Directive Principles of State Policy refers to those principles, which should be kept in mind by the State while formulating policies. They are non-justiciable which means one cannot approach the court for its non-implementation but can be referred to by the Supreme Court while deciding whether a particular policy is unconstitutional or not. I think DPSP is overall a peacemaker in parliamentary form of democracy.