DPSP and Fundamental Duties PDF

DPSP AND FUNDAMENTAL DUTIES C SS R A RM PA  Part IV: Directive Principle of State Policy Later added to the Constitution Art 36-Art 51 Guidelines to Central and State Taken from Ireland Government o...

DPSP AND FUNDAMENTAL DUTIES C SS R A RM PA  Part IV: Directive Principle of State Policy Later added to the Constitution Art 36-Art 51 Guidelines to Central and State Taken from Ireland Government of India, to be kept in mind while forming laws and policies C Used to check Constitutional values of any law Art 36: Defines State as same as Art 12 unless the context otherwise defines. SS Eg: Govt. bodies, Central Govt., etc. Art 37: They are non-justiciable R DPSP: Non-justiciable rights Instrument of instruction DPSP Resembles GOI Act 1935 Novel feature of Constitution B R Ambedkar A Described DPSP as “Conscience of Constitution” Grainville Austine Cooperative Federalism of India RM DPSP seeks to establish a welfare-state DPSP establishes Social and Economic democracy PA Art 38 Art 39 Art 39A Art 40 Art 41 Art 42 Welfare LDC PHC Free legal aid Panchayat Right to work Just and humane conditions Maternity leaves Art 43A Art 43 Participation of workers Living wages in the management of industries  Emphasis the need for equal opportunity and Socio-economic justice Classification not given in Constitution Focuses on individual C rights and liberties SS Not in order R To raise level of Animal husbandry A nutrition production RM Art 39 Livelihood L Material resources distribution D Concentration C Pay for equal work for both sexes P PA Health and strength of workers H Children C Art 44: Uniform Civil Code for the citizens Art 45: Early childhood care (0-6 yrs) Art 46: Promotion of education and economic interest of SC/ST and other weaker sections  Art 47: Duty of the state to raise the level of nutrition and standard of living and to improve public health Art 48: Organisation of agriculture and animal husbandry C Art 48A: Protection and improvement of environment and safeguarding of forests and wildlife SS Art 49: Protection of monuments and places and objects of national importance Art 50: Separation of judiciary from executive Art 51: Promotion of international peace and security Amendments R A Poor: free legal aid to poor Art 39A 42nd CA Worker: participation of workers Art 43A Child: opportunities for their healthy development Art 39 RM Environment: Art 48A 44th CA To minimise inequality in income status facility and opportunities Art 38 86th CA Justiciable PA FR Art 21A added (Art 21A Art 45) (Changes made) DPSP Art 45: Early childhood care for 0-6 yrs (State) FD Art 51A (k): Guardian duty to provide education 6-14 yrs 97th CA Cooperative Society Art 43B Fundamental Rights vs DPSP FR would prevail over DPSP Champakam Dorairajan Case (1951): SC said FRs are amendmendable Golaknath Case (1967): SC said Parliament cannot take away FRs Then C 24th CA: Parliament can amend FRs SS By Parliament 25th CA: no law which seek to implement Art 39 (b) (c) shall be declared null and void on grounds of Art 14 and Art 19. No such law shall be questioned in any court Keshavnanda Bharti Case (1973): 13 bench judges case RParliament can amend FRs however cannot disturb the “Basic Structure of Constitution” (24th CA) A 25th CA: 1st provision 2nd provision Unconstitutional RM Minerva Mill Case (1980): Indian Constitution is found on the bedrock of balance between FRs and DPSP “Directive Principle of State Policy are like check on bank payable at convenience of the PA bank” By Prodessor K T Shah Sardar Swaran Singh Taken from USSR 8 duties recommended Total 10 duties added 42nd CA 1976 Fundamental Duties were not originally part of the Constitution Part IVA (Art 51) These are only applicable to Indians not foreigners Last FD Art 51A (k) was added through 86th CA At present 11 FDs C Art 51A (k): it is the duty of guardians to provide education to 6-14 yrs SS Art 51A R Abide b: Bhagat Singh c: 3 duties A d: to defend e: panch to promote equality RM f: fort g: greenery h: humanism i: eye Non-violence “an eye for an eye” PA M K Gandhi j: jeddu Jadeja (all rounder) Fundamental Duties have ethical, social, economical significance