Classification of Directive Principles

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Classification of Directive Principles

 

  1. Socialistic Directives

Principal among this category of directives are

  1. Securing welfare of the people (Article 38)
  2. Securing proper distribution of material resources of the community as to best sub serve the common-good, equal pay for equal work, protection of childhood and youth against exploitation. etc. (Article 39)
  3. Right to work, education etc. (Article 41)
  4. Securing just and humane conditions of work and maternity relief (Article 42)

 

  1. Gandhian Directives

Such directives are spread over several Arts. Principal among such are:

  1. To organize village panchayats (Article 40)
  2. To secure living wage, decent standard of life, and to promote cottage industries (Article 43)
  3. To provide free and compulsory education to all children up to 14 years of age (Article 45)
  4. To promote economic and educational interests of the weaker sections of the people, particularly, the scheduled castes and scheduled tribes,
  5. To enforce prohibition of intoxicating drinks and cow-slaughter and to organize agriculture and animal husbandry on scientific lines (Articles 46-48).

 

  1. Liberal intellectual directives

Principal among such directives are:

  1. To secure uniform civil code throughout the country. (Art.44)
  2. To separate the judiciary from the executive. (Art.50)
  3. To protect monuments of historic and national importance
  4. To promote international peace and security.

New Directive Principles

 

Directive Principle override Fundamental Rights: The amendment to Article 31C empowered all Directive Principles to ride over the Fundamental Rights, by stating that “no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights”.

On 31 July 1980, in its judgement on Minerva Mills v. Union of India, the Supreme Court declared unconstitutional two provisions of the 42nd Amendment which prevent any constitutional amendment from being “called in question in any Court on any ground” and accord precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals respectively.

By the 44Th Amendment, A new directive principle has been inserted in article 38, which provides that State shall secure social order for promotion of welfare of the people.

The Constitution of India in a Directive Principle contained in article 45, has ‘made a provision for free and compulsory education for all children up to the age of fourteen years within ten years of promulgation of the Constitution. India could not achieve this goal even after 50 years of adoption of this provision. The task of providing education to all children in this age group gained momentum after the National Policy of Education (NPE) was announced in 1986.

The Government of India, in partnership with the State Governments, has made strenuous efforts to fulfill this mandate and, though significant improvements were seen in various educational indicators, the ultimate goal of providing universal and quality education still remains unfulfilled. In order to fulfill this goal, it is felt that an explicit provision should be made in the Part relating to Fundamental Rights of the Constitution.

 

With a view to making right to free and compulsory education a fundamental right, the Constitution (Eighty-third Amendment) Bill, 1997 was introduced in Parliament to insert a new article, namely, article 21 A conferring on all children in the age group of 6 to 14 years the right to free and compulsory education. The said Bill was scrutinised by the Parliamentary Standing Committee on Human Resource Development and the subject was also dealt with in its 165th Report by the Law Commission of India.

After taking into consideration the report of the Law Commission of India and the recommendations of the Standing Committee of Parliament, the proposed amendments in Part III, Part IV and Part IVA of the Constitution are being made which are as follows:-

  1. To provide for free and compulsory education to children in the age group of 6 to 14 years and for this purpose, a legislation would be introduced in Parliament after the Constitution (Ninety-third Amendment) Bill, 200l is enacted;
  2. To provide in article 45 of the Constitution that the State shall endeavour to provide early childhood care and education to children below the age of six years; and
  3. To amend article 5lA of the Constitution with a view to providing that  it shall be the obligation of the parents to provide opportunities for education to their children.

 

The Constitution of India in a Directive Principle contained in article 45, has ‘made a provision for free and compulsory education for all children up to the age of fourteen years within ten years of promulgation of the Constitution. We could not achieve this goal even after 50 years of adoption of this provision. The task of providing education to all children in this age group gained momentum after the National Policy of Education (NPE) was announced in 1986.

The Government of India, in partnership with the State Governments, has made strenuous efforts to fulfill this mandate and, though significant improvements were seen in various educational indicators, the ultimate goal of providing universal and quality education still remains unfulfilled. In order to fulfill this goal, it is felt that an explicit provision should be made in the Part relating to Fundamental Rights of the Constitution.

The 97 th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).

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