Directive Principles: Difference between revisions

Revision as of 17:35, 7 July 2023

Revision as of 17:53, 7 July 2023

Line 35:

Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by the [[Constitution of India#Drafting|Drafting Committee]].

Directive Principles are affirmative directions and are non - justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the application of Directive Principles provided under Article 36 to [[Article 1551 of the Constitution of India|Article 51]].

== Characteristics ==

Line 59:

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 [[s:Constitution of India/Part IV|Article 47]]. It should also organise agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting the slaughter of [[cows]], [[Calf (animal)|calves]], other milch and draught cattle per [[s:Constitution of India/Part IV|Article 48]].<ref>{{Cite web|url=http://www.servat.unibe.ch/icl/in00000_.html|title=ICL - India - Constitution|website=www.servat.unibe.ch|access-date=2019-07-05}}</ref> It should protect and improve the environment and safeguard the forests and wildlife of the country per [[s:Constitution of India/Part IV|Article 48A]]. This directive, regarding the protection of forests and wildlife, was added by the [[Constitution of India#Amendments|42nd Amendment Act, 1976]].<ref name="42amact">[http://indiacode.nic.in/coiweb/amend/amend42.htm 42nd Amendment Act, 1976]</ref>

Protection of monuments, places and objects of historic and artistic interest and national importance against destruction and damage per [[s:Constitution of India/Part IV|Article 49]] and separation of judiciary from the executive in public services per [[s:Constitution of India/Part IV|Article 50]] are also the obligations of the State as laid down in the directive principles. Finally [[Article 1551 of the Constitution of India|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.