Chapters :
  • THE FUNDAMENTAL RIGHTS – 13
  •  Introduction
  • Classification of DPSP
  • Socialist Principles

THE FUNDAMENTAL RIGHTS – 13

 Legal enforcement:

 Right of Children to free and compulsory education ACT, 2009.

The FDs are available only for the Indian citizen not for Aliens.

 

 Directive Principles Of State Policy – Part IV

 Introduction

The Directive Principles of State Policy (DPSP) seek to realise the noble ideals and the aspirations of the constitution that are expressed in the Preamble. These principles act as a guiding light to the State in formulating policies to achieve a just and equal society. Articles 36 to 51 under Part IV are exclusively dedicated to these principles.

Article 36: The term ‘State’ under Part IV has the same definition as in Part III.

Classification of DPSP

The directive principles are classified into three categories on the basis of the ideals emphasised as

  1. Socialist Principles
  2. Gandhian Principles
  3. Liberal – Intellectual Principles

Socialist Principles

The directives that aspire to build a society on socialist lines, that is with social and economic democracy are grouped as socialist principles.

Article 38: 

Clause 1: This article directs the State to create a ‘Welfare State’ by establishing a social order that delivers social, economic and political justice to the people in all spheres of their life.

Clause 2: This article directs the State to strive to minimize the inequalities in income and to eliminate inequalities in status, facilities and opportunities, not just among individuals but also among different groups of people living in different parts of the country and involved in different vocations. This article talks about reducing disparities in the development of different regions of the country. This clause was added to the constitution by the 44th constitutional amendment act, 1978.

 

 

 

Article 39: 

It emphasises on six principles to be followed by the State while enacting laws and formulating policies. The State shall direct its policies to secure

Subclause (a): To all the citizens, both men and women, equal access to an adequate means of livelihood.

Subclause (b): Welfare of the community by fair distribution of ownership rights and control over the material resources of the community.

The land is the largest material resource and agriculture is the primary economic activity done on land. For equitable distribution of ownership and control over the land, the State introduced numerous measures that include

  1. Redistribution of large tracts of land from the erstwhile landed class like the zamindars, jagirdars and inamdars to the landless poor.
  2. Protection of rights of tenants such as the security of tenure, fair rents, etc by introducing tenancy laws.
  3. Enactment of laws that prescribe ceiling limits on land holdings.
  4. Introduction of the concept of cooperative farming to the farmers to increase the profits earned by them.

Subclause (c): An economic system that does not result in the concentration of wealth and means of production, which are harmful to the common good.

Subclause (d): Equal pay for equal work for both men and women.

To provide effectiveness to this provision, the Equal Remuneration Act, 1976 was enacted that provides equal remuneration to both men and women workers for preventing gender discrimination.

Subclause (e): 

  • That the health and strength of workers, both men and women and the childhood of children are protected against abuse;
  • That no person is forced by compelling economic situations to take up a job which is inappropriate to his/her age or strength.

Subclause (f): 

  • That the children are provided with facilities and opportunities to develop under healthy conditions that ensure freedom and dignity;
  • That the children and youth are protected against exploitation, moral abandonment and economic desertion.

Article 39 A: It directs the State to provide equal opportunities for securing justice to all the citizens by providing free legal aid and that no citizen is denied the opportunity to avail justice because of his economic or other disadvantages.

This article was added later to the constitution by 42nd constitutional amendment act, 1976.

Article 41: It says that State shall strive to provide the right to work, to education and to public assistance in case of unemployment, sickness, old age and other disabilities within its economic capacity and development.

In line with the directions given in this provision, numerous schemes, policies and laws have been formulated and enacted by the Central and State governments, as the subject of ‘Social Security’ falls in the concurrent list. Some of the measures taken by the State includes

  1. National Social Assistance Programme,
  2. Senior Citizens Act, 2007,
  3. National Policy for Older Persons,
  4. Indira Gandhi National Old Age Pension Scheme (IGNOAPS),
  5. National Policy For Persons with Disabilities, 2006,
  6. Rights of Persons with Disabilities Act, 2016 and so on
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