Mention five directives let down for women's welfare under the Directive Principles of State Policy
Answers
Part IV (Article 36-51) of the Constitution contains the directive principles of state policy. The principles reflect a unique mixture of humanitarian, socialist percepts, Gandhian ideals and democratic socialism. Though non-justiciable, they constitute the fundamental principles of governance. These directives are in nature of directions to the legislative and executive wings of government to be observed while formulating laws and policies. Most of them aim at the establishment of economic and social democracy which is pledged for in the preamble.
Our Constitution aims at bringing a synthesis between fundamental rights and directive principles between fundamental rights and directive principles of state by giving the former a pride of place and the later a place of permanence.together, not individually, they form the case and conscience of constitution
So, these principles may be classified under several groups:
(i)certain ideals, particularly economic which according to the farmers of the constitution, state should strive for; (ii) certain directions to to the legislature and the executive intended to show in what manner the state should exercise their legislative and executive powers and (iii) certain rights of the citizens which shall not be enforceable by the courts like the Fundamental Rights; but which the state shall nevertheless aim at securing, by regulation of its legislative and administrative policy.
By the 42nd amendments, certain changes have been introduced in part IV, adding new directives to accentuate the socialistic bias of the Constitution:
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(a) Article 39 A has been inserted to enjoin the state to provide ‘free legal aid’ to the poor and to take other suitable steps to ensure equal justice of all, which is offered by the Preamble.
(b) Article 43 A has been inserted in order to direct the state to ensure the participation of workers in the management of industry and other undertakings. This is a positive step in advancement of socialism in the sense of economic justice.
(c) Article 48 A has been inserted in order to direct the state to protect and improve the environment and to safeguard the forests and wild life of the country.
The Janata Government sought to implement the promise of economic justice and equality of opportunity assured by the preamble, by inserting Section (2) in Article 38 (by the 44th Amendment Act, 1978) as follows:
“The state shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.”
This amendment is to be read along with the elimination of the Fundamental Right to Property. They have paved the way for confiscatory taxation and for equalizing salaries and wages for different vocations and different vocations and different categories of work, which would usher in a socialist society, even without resorting to nationalization of the mean of production.
Philosophical Bases of Directive Principles
The framers of the Constitution were in this respect influenced most by the Constitution of Irish Republic which embodies a chapter on “Directive Principles of State Policy”. The Irish themselves had, however, taken the idea from the Constitution of Republican Spain which was the first ever to incorporate such principles can be traced back to such noble declarations as French declaration regarding Rights of Men, American Declaration of Independence and the Charter of Liberal Philosophy of the 19th Century. The ideas of Jeremy Benthan, the political and social stand of the of the Liberal and Radical Parties of Western Europe, the major principles of Fabian Socialism, and to some extent those of Guild Socialism, are all akin to much of what is embodied in this part of the Constitution. The Directive Principles represent some what the pattern of instrument of instruction provided in the Government of India Act, 1935. At the same time, it will be wrong to say that the Directive Principles are all foreign borrowings. In fact, a number of these principles are entirely Indian and Gandhian in nature like setting up of village panchayat and cottage industries, prohibition, protection against cow-slaughter etc.
Classification of Directive Principles
In order to understand the comprehensiveness of the Directive Principles, it is convenient to classify them into related groups. Dr. M.P. Sharma has suggested that they can be grouped ideologically into three categories, viz., socialistic, Gandhian and liberal intellectualistic. We may classify them into following groups: