Overview of Directive Principles of State Policy in Indian Constitution
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S
OURCES
OF
S
OCIAL
P
OLICY
D
IRECTIVE
P
RINCIPLES
OF
S
TATES
P
OLICY
(DPSP)
Enumerated in Part-IV of the Constitution
Article 36-51
Borrowed the idea from Irish Constitution of 1937
These are
“Novel features”
of the Indian
Constitution
Soul of the constitution
“Conscience of the constitution”
Denotes the ideals that state should keep in mind while
formulating the policies and enacting laws
Constitutionals instructions and recommendations to state
in legislative, executive and administrative matters
DPSP constitutes a very comprehensive economic,
social and political programmes for modern democratic
state
They aim at realising the high ideals of justice, liberty,
equality and fraternity
They embody the concept of ‘welfare state’
Seek to establish economic and social democracy
They are non-justiciable in nature
However, they help the courts to examine and
determine the constitutional validity of a law
C
LASSIFICATION
OF
DPSP
Socialistic Principles
Gandhian Principles
Liberal-Intellectual Principles
S
OCIALISTIC
P
RINCIPLES
These principles reflects the ideology of socialism
They lay down the framework of democratic socialistic
state, aim at providing social and economic justice, and
the path towards welfare state
To promote the welfare of the people by securing social
order permeated by justice-minimize inequalities in
income, status, facilities and opportunities (Art. 38)
To secure the right to adequate means of livelihood for
all citizen (Art. 39)
To promote equal justice and to provide free legal aid to
the poor (Art. 39 A)
To secure right to work, to education and public
assistance in cases of unemployment, old age, sickness
and disablement (Art. 41)
To make provision for just and humane condition for
work and maternity relief (Art. 42)
To secure a living wage, a decent standard of life and
social and cultural opportunities for all workers (Art.43)
To take steps to secure the participation of workers in
the management of industries (Art.43A)
To raise the level of nutrition and the standard of living
of people and to improve public health (Art. 47)
G
ANDHIAN
P
RINCIPLES
Based on Gandhian ideology
Represent the programme of reconstruction enunciated
by Gandhi
To organise village panchyatas and endow them with
necessary powers and authority to enable them to function as
units of self-government (Art. 40)
To promote cottage industries on an individual or co-
operation basis in rural areas (Art.43)
To voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies
(Art. 43 B)
To promote the educational and economic interests of
SCs, STs, and other weaker sections of the society and to
protect them from social injustice and exploitation
(Art.46)
To prohibit the consumption of intoxicating drinks and
drugs which are injurious to health (Art. 47)
To prohibit the slaughter of cows, calves and other milch
and draught cattle and to improve their breeds (Art.48)
L
IBERAL
-I
NTELLECTUAL
P
RINCIPLES
Represents the ideology of liberalism
To secure far all citizens a uniform civil code throughout
the country (Art.44)
To provide early childhood care and education for all
children until they complete the age of six years (Art. 45)
To organise agriculture and animal husbandry on
modern and scientific lines (Art. 48)
To protect and improve the environment and to safeguards
forests and wild life (Art. 48 A)
To protest monuments, places and objects of artistic or historic
interest which are declared to be of national importance (Art.
49)
To separate the judiciary form the execution in the public
service of the state (Art.50)
To promote international peace and security and maintain just
and honorable relations between nations (Art. 51)
I
DEOLOGICAL
AND
P
HILOSOPHICAL
BASE
Conservative
Liberal
Social Democrats
Neo-liberal
R
ATIFICATION
OF
I
NTERNATIONAL
DECLARATIONS
Universal Declaration of Human Rights, 1948
United Nations Convention on Rights of Child,
1990
Rio Declaration on Environment and Development,
1992
M
ILLENNIUM
D
EVELOPMENT
G
OALS
, 2000-01
1.
Eradicate Extreme Poverty and Hunger
2.
Achieve Universal Primary Education
3.
Promote Gender Equality and Empower
Women
4.
Reduce Child Mortality
5.
Improve Maternal Health
6.
Combat HIV/AIDS, Malaria and Other
Diseases
7.
Ensure Environment Sustainability
8.
Global Partnership for Development
G
ENESIS
O
F
T
HE
P
OLICY
Conflicts about “Choice of society”
Contemporary societies are characterised by a plurality
of opinions
P
ROCESS
OF
P
OLICY
F
ORMATION
1.
Initiation
2.
Information
3.
Consideration
4.
Decision
5.
Implementation
6.
Evaluation
7.
Termination
1.
Deciding to decide (Issue search or agenda-setting)
2.
Deciding how to decide (Issue filtration)
3.
Issue definition
4.
Forecasting
5.
Setting objectives and priorities
6.
Options analysis
7.
Policy implementation, monitoring and control
8.
Evaluation and review
9.
Policy maintenance, succession or termination
Most accepted model of policy process
1.
Agenda Setting
2.
Formulation
3.
Implementation
4.
Evaluation
E
SSENTIALS
FOR
P
OLICY
Value oriented: Equity & Justice
Representative Participatory
Need based
Right based
Sustainable
A
CTORS
IN
POLICY
MAKING
PROCESS
State- Government
International Organisation:
Pressure Groups/Lobbying/Network
Academic & Research Institutions
Market Forces
Directive Principles of State Policy (DPSP) in the Indian Constitution encompass social, economic, and political programs aimed at realizing ideals of justice, liberty, equality, and fraternity. They are non-justiciable but guide the state in legislative matters. Classified into Socialistic, Gandhian, and Liberal-Intellectual principles, DPSP emphasize welfare, social justice, and equality. These principles promote the welfare of citizens, secure livelihoods, and aim to provide justice and legal aid to the underprivileged.
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Presentation Transcript
DIRECTIVE PRINCIPLES OF STATES POLICY (DPSP) Enumerated in Part-IV of the Constitution Article 36-51 Borrowed the idea from Irish Constitution of 1937 These are Novel features of the Indian Constitution Soul of the constitution
Conscience of the constitution Denotes the ideals that state should keep in mind while formulating the policies and enacting laws Constitutionals instructions and recommendations to state in legislative, executive and administrative matters
DPSP constitutes a very comprehensive economic, social and political programmes for modern democratic state They aim at realising the high ideals of justice, liberty, equality and fraternity They embody the concept of welfare state Seek to establish economic and social democracy
They are non-justiciable in nature However, they help the courts to examine and determine the constitutional validity of a law
CLASSIFICATION OF DPSP Socialistic Principles Gandhian Principles Liberal-Intellectual Principles
SOCIALISTIC PRINCIPLES These principles reflects the ideology of socialism They lay down the framework of democratic socialistic state, aim at providing social and economic justice, and the path towards welfare state
To promote the welfare of the people by securing social order permeated by justice-minimize inequalities in income, status, facilities and opportunities (Art. 38) To secure the right to adequate means of livelihood for all citizen (Art. 39) To promote equal justice and to provide free legal aid to the poor (Art. 39 A)
To secure right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement (Art. 41) To make provision for just and humane condition for work and maternity relief (Art. 42) To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Art.43)
To take steps to secure the participation of workers in the management of industries (Art.43A) To raise the level of nutrition and the standard of living of people and to improve public health (Art. 47)
GANDHIAN PRINCIPLES Based on Gandhian ideology Represent the programme of reconstruction enunciated by Gandhi
To organise village panchyatas and endow them with necessary powers and authority to enable them to function as units of self-government (Art. 40) To promote cottage industries on an individual or co- operation basis in rural areas (Art.43) To voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Art. 43 B)
To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation (Art.46) To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Art. 47) To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Art.48)
LIBERAL-INTELLECTUAL PRINCIPLES Represents the ideology of liberalism To secure far all citizens a uniform civil code throughout the country (Art.44) To provide early childhood care and education for all children until they complete the age of six years (Art. 45) To organise agriculture and animal husbandry on modern and scientific lines (Art. 48)
To protect and improve the environment and to safeguards forests and wild life (Art. 48 A) To protest monuments, places and objects of artistic or historic interest which are declared to be of national importance (Art. 49) To separate the judiciary form the execution in the public service of the state (Art.50) To promote international peace and security and maintain just and honorable relations between nations (Art. 51)
IDEOLOGICAL AND PHILOSOPHICAL BASE Conservative Liberal Social Democrats Neo-liberal
RATIFICATION OF INTERNATIONAL DECLARATIONS Universal Declaration of Human Rights, 1948 United Nations Convention on Rights of Child, 1990 Rio Declaration on Environment and Development, 1992
MILLENNIUM DEVELOPMENT GOALS, 2000-01 1. Eradicate Extreme Poverty and Hunger 2. Achieve Universal Primary Education 3. Promote Gender Equality and Empower Women 4. Reduce Child Mortality 5. Improve Maternal Health 6. Combat HIV/AIDS, Malaria and Other Diseases 7. Ensure Environment Sustainability 8. Global Partnership for Development
GENESIS OF THE POLICY Conflicts about Choice of society Contemporary societies are characterised by a plurality of opinions
PROCESS OF POLICY FORMATION Initiation 1. Information 2. Consideration 3. Decision 4. Implementation 5. Evaluation 6. Termination 7.
Deciding to decide (Issue search or agenda-setting) Deciding how to decide (Issue filtration) Issue definition Forecasting Setting objectives and priorities Options analysis Policy implementation, monitoring and control Evaluation and review Policy maintenance, succession or termination 1. 2. 3. 4. 5. 6. 7. 8. 9.
Most accepted model of policy process Agenda Setting 1. Formulation 2. Implementation 3. Evaluation 4.
ESSENTIALS FOR POLICY Value oriented: Equity & Justice Representative Participatory Need based Right based Sustainable
ACTORS IN POLICY MAKING PROCESS State- Government International Organisation: Pressure Groups/Lobbying/Network Academic & Research Institutions Market Forces
