Directive Principles of State Policy

Questions

1. Evaluate the relationship between the Directive Principles of State Policy and Fundamental Rights, analyzing how the former guides the state in framing laws and policies to realize the goals set by the latter.

2. Examine the role of Directive Principles in shaping economic policies, particularly in the context of achieving a just and equitable distribution of wealth and resources, and assess their impact on contemporary economic reforms.

3. Analyze the linkage between Directive Principles and social justice, exploring how policies related to reservation, affirmative action, and inclusive development align with the constitutional mandate to bridge socio-economic disparities.

4. Evaluate the implications of Directive Principles on educational policies, considering how they influence the state’s approach to ensuring access to quality education and promoting scientific temper among citizens.

5. Examine the role of Directive Principles in environmental governance, particularly in the context of sustainable development and conservation, and assess how constitutional principles guide legislative and policy measures.

6. Analyze the relationship between Directive Principles and cooperative federalism, evaluating how these principles guide intergovernmental relations and the distribution of powers between the center and the states.

7. Assess the impact of Directive Principles on health policies and public healthcare infrastructure, examining how constitutional principles influence the state’s responsibility in providing healthcare services to its citizens.

8. Explore the linkage between Directive Principles and cultural and educational rights, considering how these principles contribute to the preservation and promotion of diverse cultural heritage in India.

9. Examine the role of Directive Principles in shaping agrarian policies and rural development, analyzing how constitutional principles guide the state in addressing agrarian challenges and ensuring sustainable rural growth.

10. Evaluate the relationship between Directive Principles and technological advancements, exploring how these principles inform policies related to digital literacy, access to information, and the ethical use of technology in governance.

About

• 36: Definition of State (same as Article 12)
• 37: fundamental for governance but non enforceable by any court

List of Directives

• 38: welfare, justice, minimize income inequalities; justice - social, eco, pol
  • progressive taxation
• 39: equitable distribution of resources, livelihood, no concentration of wealth, equal pay (link Women Issues and Welfare)
  • MGNREGA
  • PMGKVY
  • Child Labour Act 1986
• 39A: equal justice, free legal aid
  • NALSA
• 40: village panchayat, self governance
  • PESA 1996
  • 73rd CAA 1992 (todo)
• 41: right to work, edu, public assistance
  • PWD reservation
• 42: humane work conditions, maternity relief (link Women Issues and Welfare)
  • Maternity Benefits Act 1961
• 43: living wage, fair work conditions
  • Wages Code 2022
• 43A: Worker participation in industries
  • Trade Union Act 1926
• 43B: promotion of coop soc
  • also related to FR 19(1)(c)
  • added via 97th CAA 2011
• 44: UCC - pending
• 45: free compulsory edu for children, care
  • FR 21A
  • 86th CAA 2002
  • Right of Children to Free and Compulsory Education Act 2009
• 46: edu, economic interests of weaker sections
  • scholarship for SC/ST
  • see also: Reservations
• 47: nutrition, standard of living, public health, prohibit intoxicants
  • PMJAY
  • NDPS Act 1985
  • National Health Mission
• 48: promote agri, animal husbandry
  • ICAR
  • NDDB - National Dairy Development board
  • Anti Slaughter Laws
• 48A: protect biodiversity
  • Wildlife Protection Act 1972
  • Forest Conservation Act 1980
  • todo link with Fundamental Duty
• 49: protect monuments of national importance
  • AMASR - Ancient Monuments and Archaeological Sites and Remains Act
  • ASI
• 50: sep of exec and judiciary
• 51: promote intl peace an security

Benefits

• accountability of state to citizens
• continuity in fn of Gov
• social / economic democracy
• checking constitutionality
• interpretation of ambiguous provisions

DPSP Criticism

• not legally enforceable (Art 37)
• vague, subjective, multiple interpretations
• repetitive (eg. 38 & 39)
• conflict with FR eg FR 25 Freedom of Religion vs DPSP 44 UCC
• financial burden on state
• orthodox