Indian polity DPSP

Fundamental Rights are in Part

III of the Constitution of India, which guarantees a range of civil liberties and rights to all citizens, ensuring equality, freedom, and protection from discrimination.

DPSP are in

Part IV of the Constitution of India, outlining the directive principles aimed at promoting social and economic justice.

Fundamental Rights ARTICAL

Articles 12 to 35

DPSP are in ARTICAL

Articles 36 to 51 of the Constitution of India

Directive Principles of State Policy are WHICH TYPE

non-justiciable rights aimed at guiding the state in policy-making for social and economic welfare.

Fundamental Rights are WHICH TYPE

justiciable

go to the Supreme Court for Fundamental Rights

Article 32, Ambedkar called Article 32 the "heart and soul of the Constitution"

go to the High Court for Fundamental Rights

Article 226

as per Article 226:

High Court ◦ Court issues 5 writs, borrowed from Britain ▪ Habeas Corpus ▪ Mandamus ▪ Prohibition ▪ Certiorari ▪ Quo Warranto

Writs

In India, both the Supreme Court (under Article 32) and the High Courts (under Article 226) have the power to issue 5 types of writs borrowed from English common law (known as "Prerogative Writs") to enforce fundamental rights and legal rights.

features borrowed from Britain

◦writs ◦Single citizenship ◦ Parliamentary form of government ◦ First-past-the-post system ◦ Martial law (military rule) ◦ Bicameral legislature

Dr. BR Ambedkar described Directive Principles of State Policy as

a novel feature

DPSP are grouped into 3 types

◦ Socialistic ◦ Gandhian ◦ Liberal-Intellectual

Gandhi's ideology:

panchayats, cottage industries, cooperative societies, upliftment of Dalits, stopping liquor and intoxicants, promoting agriculture. No DPSP exists on large-scale corporate farming (not Gandhian, not socialistic, not liberal-intellectual)

Socialistic;

Provisions about workers fall under

application of the Directive Principles

Article 37

Article 36

defines the State, same as Article 12. Parliament of India ◦ State Legislature ◦ Union Government (Government of India) ◦ State Government ◦ Local bodies: Panchayats and Municipalities ◦ Any government body or body affiliated to the government

social, economic and political justice

Article 38(1)

reduce inequalities in income, status, facilities and opportunities

Article 38(2): reducing income and status disparities

Article 39

Memory tip: "LDC goes to PHC", in this order ◦ (a) Livelihood: right to adequate means of livelihood for men and women ◦ (b) Distribution: equitable distribution of material resources for common good ◦ (c) Concentration: prevent concentration of wealth and means of production ◦ (d) Pay: equal pay for equal work for men and women ◦ (e) Health: protect health and strength of workers; no abuse of children ◦ (f) Children: healthy development of children with freedom and dignity

Article 39(d)

equal pay for equal work for both men and women (Socialistic)

provide free legal aid

Article 39A: bro hater A legal aid

Article 40:

organise village panchayats • It is a Gandhian DPSP

right to work, education and public assistance in certain cases

Article 41:

just and humane conditions of work and maternity relief

Article 42:

Article 43

living wage' and 'decent standard of life

Article 39A - 43B

Free legal aid to the poor: Article 39A ◦

Organise village panchayat: Article 40 ◦

Right to work, education, public assistance: Article 41 ◦

Humane working conditions and maternity relief: Article 42 ◦

Living wage: Article 43 ◦ Workers' participation in management of industries: Article 43A ◦

Workers form their own cooperative society (worker becomes owner, profits shared): Article 43B

Article 44

Uniform civil code for the citizens

Trick: 44 looks uniform (same digits

first State to fully implement the UCC

Uttarakhand

Goa follows the Portuguese Civil Code of 1867, which is from before independence

Article 45 to Article 49

Article 45: early childhood care (children aged 0 to 6) ◦ Example: Anganwadi, nutrition, toys

•Article 46: promote educational and economic interests of SCs, STs and weaker sections (depressed classes)

• Article 47: raise the standard of living and level of nutrition

• Article 48: organise agriculture and animal husbandry on modern lines

• Article 48A: protect and improve the environment, forests and wildlife

• Article 49: protect monuments and national heritag

Article 51 contains

(a) Promote international peace and security. ◦ (b) Maintain just and honourable relations between nations. ◦ (c) Foster respect for international law and treaty obligations in the dealings of organised peoples with one another. ◦ (d) Encourage settlement of international disputes by arbitration.

Protection of forests and wildlife

Article 48A,

Article 48A was added by

42nd Amendment

Doctrine of Harmonious Construction

doctrine allows laws promoting DPSPs to be protected from being struck down for violating certain Fundamental Rights, as long as they are interpreted harmoniously.

Harmonious Construction: DPSP and Fundamental Rights should be read in harmony (balance)

Doctrine of Severability

If only a part of a law violates Fundamental Rights, only that part is void, not the whole law

Doctrine of Eclipse

Applies to a pre-constitutional law (a law existing before 26 January 1950) ▪ If a new law replaces it, the old law is not dead, it is only covered ▪ If the new law is removed, the old law revives automatically

1931 Karachi Resolution

significantly inspired India's Directive Principles promoting social and economic justice aims

Karachi session of the Congress, 1931, presided by Sardar Vallabhbhai Patel

Which Indian Constitution Act provides for the minimization of inequalities in income, property, facilities and opportunities in the Directive Principles of State Policy?

44th Constitutional Amendment 1978