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Directive Principles of State Policy

Directive Principles of State Policy
Highlights

Fundamental rights and DPSP are of common origin namely the Nehru Report of 1928 which contained the Swaraj Constitution of India. This contained...

​Fundamental rights and DPSP are of common origin namely the Nehru Report of 1928 which contained the Swaraj Constitution of India. This contained fundamental rights as well as others such as right to employment and education which were not enforceable

Article- 44: Uniform civil code for the citizens.-

  • The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
  • Liberal Intellectual principle
  • The Supreme Court first directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case. In this case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him. The Supreme Court held that the Muslim woman have the right to get maintenance from her husband under Section 125. The Court also held that Article 44 of the Constitution has remained a dead letter. The then Chief Justice of India Y V Chandrachud observed that,
  • "A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies" After this decision, nationwide discussions, meetings, and agitation were held. The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure.
  • The second instance in which the Supreme Court again directed the government of Article 44 was in the case of SarlaMudgal vs Union of India.
  • Another instance the Supreme Court’s reminder to the government of its Constitutional obligations to enact a UCC came in July 2003 when a Christian priest knocked the doors of the Court challenging the Constitutional validity of Section 118 of the Indian Succession Act. Chief Justice Khare stated in that case:
  • "We would like to State that Article 44 provides that the State shall endeavour to secure for all citizens a uniform civil code throughout the territory of India It is a matter of great regrets that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country. A common civil code will help the cause of national integration by removing the contradictions based on ideologies."
  • Provision for early childhood care and education to children below the age of six years.

Article-45: The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

  • Janani Sishu Suraksha (2005), Pade Bharat Bade Bharat, Pulse Polio ImmunisationProgramme(1995), Anganwadi schools etc are some of the schemes and policies introduced by the government to promote early childhood care and education to the children below 6 years

Article-46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.-

  • The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
  • Gandhian Principle
  • The Untouchability(offences) Act, (1955), which was renamed as Protection of Civil Rights Act in 1976 and the Scheduled Castes and Scheduled Tribes (prevention of atrocities) Act (1989) have been enacted to protect the SCs and STs from social injustice and exploitation. --The 65th CAA of 1990 established the National Commission for SCs and STs to protect the interests of SCs and STs.
  • The 89th CAA of 2003 bifurcated this combined commission into two seperate bodies.

Article-47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

  • The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
  • JawaharRozgarYojana (1989), SwarnaJayanthi Gram SwarojgarYojana (1999) SampoornaGraminaRozgarYojana (2001), MGNREGA(2006), Community development programme (1952), DPAP (1973) and so on have been launched for raising the standard of living of people.

Article-48: Organisation of agriculture and animal husbandry.

  • The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
  • Agriculture has been modernised by providing improved agriculture inputs, seeds, fertilisers and irrigation facilities. Various steps have also have been taken to organise animal husbandry on modern and scientific lines. -Cow and calf slaughter has been banned in certain areas.

Article-48A: Protection and improvement of environment and safeguarding of forests and wild life.-

  • The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
  • The Wildlife (Protection) Act (1972), and the Forest Conservation act (1980) have been enacted to safeguard the wildlife and the forests respectively.
  • Further The Water and Air Acts have been provided for the establishment of central and state pollution control boards, which are engaged in the protection and improvement of environment

Article-49: Protection of monuments and places and objects of national importance.

  • It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
  • Liberal Intellectual principle- Incredible India programme has been launched for this purpose.
  • The ancient and historical monument and archaeological sites and remains act (1951) has been enacted to protect the monuments and places of national importance.

Article-50: Separation of judiciary from executive

  • The State shall take steps to separate the judiciary from the executive in the public services.
  • Liberal Intellectual principle
  • The CrPC(1973) separated the Judiciary from the executive in the public services of the state. After the separation, the Judicial powers were taken away from the executive authorities and vested in the hands of district judicial magistrates who work under the direct control of the state HC.

Article-51: Promotion of international peace and security

  • The State shall endeavor to-
  • (a) promote international peace and security;
  • (b) maintain just and honorable relations between nations;
  • (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and
  • (d) encourage settlement of international disputes by arbitration.
  • Liberal intellectual principle, India follows this principle of peace in letter and spirit, India has been following the principles of Non Allignmentand Panchsheel to promote International Peace and Secuirity,It is a member of SAARC, WIMSEC, IORA, CHOOGAM, SCO for these purposes.
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