Directive Principles in India

While debating on DPSP in the Constituent Assembly, Dr. Ambedkar stated on 19 November 1948 as given below highlighting that the DPSP shall be the basis of future governance of the country: Directive Principles of State Policy aim 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. Though the Directive Principles are non-justiciable rights of the people but fundamental in the governance of the country, it shall be the duty of the State to apply these principles in making laws per Article 37. Besides, all executive agencies of union and states should also be guided by these principles. An existing policy in line with DPSP can not be reversed, however it can be expanded further in line with DPSP. The policy changes applicable under DPSP shall not be reversible unless the applicable DPSP is deleted by constitutional amendment (ex. prohibition implemented once in a state can not be repealed later as long as it is part of DPSP). ==Directives==

The directive principles ensure that the State It should work for the economic and educational upliftment of scheduled castes, scheduled tribes and other weaker sections of the society per Article 46. The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes per Article 47. It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting the slaughter of cows, calves, other milch and draught cattle per Article 48. It should protect and improve the environment and safeguard the forests and wildlife of the country per Article 48A. This directive, regarding the protection of forests and wildlife, was added by the 42nd Amendment Act, 1976. Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage per Article 49 and separation of judiciary from the executive in public services per Article 50 are also the obligations of the State as laid down in the directive principles. Finally Article 51 ensure that the State shall strive for the promotion and maintenance of international peace and security, just and honourable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration. The judiciary is not part of the state as defined in Article 36 to claim non-applicability of DPSP (Part IV of the constitution) under Article 37 wherever applicable to it. ==Implementation==

There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the constitution. The State has made few efforts till now to implement the Directive Principles. The Programme of Universalisation of Elementary Education and the five-year plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. The year 1990–1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar. The government provides free textbooks to students belonging to scheduled castes or scheduled tribes pursuing medicine and engineering courses. During 2002–2003, a sum of Rs. 47.7 million was released for this purpose. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the Prevention of Atrocities Act, which provided severe punishments for such atrocities. Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to September 2001, more than 20,000,000 acres (80,000 km2) of land had been distributed to scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India has been to improve banking facilities in the rural areas. The Minimum Wages Act of 1948 empowers government to fix minimum wages for employees engaged in various employments. The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers' grievances, award relief and compensation wherever appropriate to the consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to attain the objective of gainful employment for the rural poor. The programme was implemented through the Panchayati Raj institutions. Panchayati Raj now covers almost all states and Union territories. One-third of the total number of seats have been reserved for women in Panchayats at every level; in the case of Bihar, half the seats have been reserved for women. Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law, if the accused is too poor to engage a lawyer. Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland. India has also been in favour of nuclear disarmament. Rendering prompt justice is the foremost purpose of the constitution as enshrined in the Preamble to the constitution also. == 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 and by the absolute majority of the house – whether the Lok Sabha or Rajya Sabha. • Article 31-C, amended by the 42nd Amendment Act of 1976 seeking to upgrade the DPSPs. If laws are made to give effect to any of the Directive Principles overriding Fundamental Rights, they shall not be invalid on the grounds that they take away the Fundamental Rights. In Minerva Mills v. Union of India case, Supreme Court ruled that 42nd Amendment Act to the Article 31C is not valid and ultra vires. • Articles 38 (2), was added by the Forty-fourth Amendment Act, 1978 of the Constitution • Articles 39A, which directs the state to secure Equal justice and free legal aid, was added by the Forty-second Amendment Act, 1976 of the Constitution • Articles 43A, which directs the state to secure Participation of workers in management of industries, was added by the Forty-second Amendment Act, 1976 of the Constitution • Articles 43B, which directs the state to strive for Promotion of co-operative societies, was added by the Ninety-Seventh Amendment of the Constitution of India • Article 45, which ensures Provision for early childhood care and free education for all children until they complete six years of age, was added by the 86th Amendment Act, 2002. • Article 48A, which ensures Protection and improvement of environment and safeguarding of forests and wild life, was added by the Forty-second Amendment Act, 1976 • Articles 49, was modified by the Seventh Amendment Act, 1956 of the Constitution == See also ==