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{{Short description|Governing principles of government divisions in India}} | {{Short description|Governing principles of government divisions in India}} | ||
{{Use dmy dates|date= June | {{Use dmy dates|date=June 2016}} | ||
{{Use Indian English|date= | {{Use Indian English|date=April 2019}} | ||
{{good article}} | {{good article}} | ||
{{Indian Constitution TOC}} | {{Indian Constitution TOC}} | ||
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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]]. | 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 51. | 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 51 of the Constitution of India|Article 51]]. | ||
== Characteristics == | == Characteristics == | ||
While debating on DPSP in the [[Constituent Assembly of India|Constituent Assembly]], [[B. R. Ambedkar|Dr. Ambedkar]] stated on 19 November 1948 as given below high lighting that the DPSP shall be the basis of future governance of the country:<ref name= animated>{{cite web |url=https://indiankanoon.org/doc/682692/ |title=Constituent Assembly of India – Volume VII |access-date=31 August 2017}}</ref> | While debating on DPSP in the [[Constituent Assembly of India|Constituent Assembly]], [[B. R. Ambedkar|Dr. Ambedkar]] stated on 19 November 1948 as given below high lighting that the DPSP shall be the basis of future governance of the country:<ref name= animated>{{cite web |url=https://indiankanoon.org/doc/682692/ |title=Constituent Assembly of India – Volume VII |date=19 November 1948 |access-date=31 August 2017}}</ref> | ||
{{Blockquote|text=''It is the intention of this Assembly that in future both the legislature and the executive should not merely pay lip service to these principles enacted in this part, but that they should be made the basis of all executive and legislative action that may be taken hereafter in the matter of the governance of the country.''}} | {{Blockquote|text=''It is the intention of this Assembly that in future both the legislature and the executive should not merely pay lip service to these principles enacted in this part, but that they should be made the basis of all executive and legislative action that may be taken hereafter in the matter of the 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 [[s:Constitution of India/Part IV|Article 37]]. Besides, all [[Executive (government)|executive agencies]] of union and states should also be guided by these principles.<ref name=State/> Even the [[judiciary]] has to keep them in mind in deciding cases.<ref>Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-39 to A-40</ref><ref>Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005), ''Social Science – Part II'', pg. 29</ref> | 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 [[s:Constitution of India/Part IV|Article 37]]. Besides, all [[Executive (government)|executive agencies]] of union and states should also be guided by these principles.<ref name=State/> Even the [[judiciary]] has to keep them in mind in deciding cases.<ref>Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', pg. A-39 to A-40</ref><ref>Sinha, Savita, Das, Supta & Rashmi, Neeraja (2005), ''Social Science – Part II'', pg. 29</ref> | ||
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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> | 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 [[ | 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 51 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. | 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. | ||
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|archive-date = 15 June 2006 | |archive-date = 15 June 2006 | ||
|df = dmy | |df = dmy | ||
}}</ref> 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.{{Citation needed|date= | }}</ref> 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.{{Citation needed|date=February 2011}} The ''Equal Remuneration Act'' of 1976, provides for equal pay for equal work for both men and women.<ref>{{cite web | ||
|url = http://www.indialawinfo.com/bareacts/equal.html | |url = http://www.indialawinfo.com/bareacts/equal.html | ||
|title = ''Equal Remuneration Act'', 1976 | |title = ''Equal Remuneration Act'', 1976 | ||
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}}</ref> India has also been in favour of nuclear disarmament.<ref name="pgA45"/> | }}</ref> India has also been in favour of nuclear disarmament.<ref name="pgA45"/> | ||
Per [[s:Constitution of India/Part IV|Article 38 (1)]], [[Justice delayed is justice denied|prompt rendering of the justice]] by courts is part of animating judiciary.<ref>{{cite web|title=Rule of law index, 2016|url=http://data.worldjusticeproject.org/|access-date=3 June 2017}}</ref> Rendering prompt justice is the foremost purpose of the constitution as enshrined in the [[Preamble to the Constitution of India|Preamble to the constitution]] also.<ref name= animated/> However the judiciary is failing dismally in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty.<ref>{{cite web|title=What causes judicial delay? Judgements diluting time frames in Code of Civil Procedure worsen the problem of adjournments|url=http://blogs.timesofindia.indiatimes.com/toi-edit-page/what-causes-judicial-delay-judgments-diluting-timeframes-in-code-of-civil-procedure-worsen-the-problem-of-adjournments/|access-date=13 September 2017}}</ref> | Per [[s:Constitution of India/Part IV|Article 38 (1)]], [[Justice delayed is justice denied|prompt rendering of the justice]] by courts is part of animating judiciary.<ref>{{cite web|title=Rule of law index, 2016|url=http://data.worldjusticeproject.org/|access-date=3 June 2017}}</ref> Rendering prompt justice is the foremost purpose of the constitution as enshrined in the [[Preamble to the Constitution of India|Preamble to the constitution]] also.<ref name= animated/> However the judiciary is failing dismally in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty.<ref>{{cite web|title=What causes judicial delay? Judgements diluting time frames in Code of Civil Procedure worsen the problem of adjournments|date=25 August 2016|url=http://blogs.timesofindia.indiatimes.com/toi-edit-page/what-causes-judicial-delay-judgments-diluting-timeframes-in-code-of-civil-procedure-worsen-the-problem-of-adjournments/|access-date=13 September 2017}}</ref> | ||
== Amendments == | == Amendments == | ||