Directive Principle of State Policy Characteristics and Amendments.

The Directive Principles of State Policy are guidelines to the central and state governments of India, to be kept in mind while framing laws and policies, provisions, contained in Part IV of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country.

The principles have been inspired by the Directive Principles given in the Constitution of Ireland and also by the principles of Gandhism and relate, to social justice, economic welfare foreign policy, and legal and administrative matters.

They aim at achieving social and economic democracy for establishing a welfare state. Directive Principles are classified under the following categories: Gandhian, economic and socialistic, political and administrative, justice and legal, environmental protection of monuments and peace and security.

Characteristics Directive Principle of state Policy

DPSPs aim is to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state. They act as a check on the government, theorized as a yardstick in the hands of the people to measure the performance of the government and vote it out of power if it does not fulfill the promises made during the elections.

The Directive Principles are non ­justifiable rights of the people. Article 31-C, inserted by the 25th Amendment Act of 1971 seeks to upgrade the Directive Principles. If laws are made to give effect to the,Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights.

In case of, a conflict between Fundamental Rights and DPSP’s, if the DPSP aims at promoting larger, interest of the society, the courts shall have to uphold the  case in favor of the DPSP. The Directive Principles, though not justifiable, are fundamental in.the governance of the country. It shall be the ditty of the State to apply these principles in making laws. Besides, all executive agencies should also be guided by these principles. Even the judiciary has to keep them in mind in deciding cases

Directive Principle of state Policy Amendments: 

Changes in Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses Of the Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting. However, the number of members voting should not be less than the simple majority of the house  whether the Lok Sabha or Rajya Sabha.

Article 31-C, inserted into the Directive Principles of State. Policy by the 25th Amendment Act of 1971 seeks to upgrade the DPSPs. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights.

Article 45, which ensures Provision for free and compulsory education for children, was added by the 86th Amendment Act, 2002. Article 48-A, which ensures Protection and improvement of environment ,and safeguarding of forests and wild life, was added by the 42nd Amendment Act, 1976.

Owlgen
Logo
Enable registration in settings - general
Compare items
  • Total (0)
Compare
0