Question

Question 10:
Do you agree with the statement that “it is not clear why in a poor developing country, certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our fundamental rights”? Give reasons for your answer. What do you think are the possible reasons for putting socio-economic rights in the section of Directive Principles?

Answer 1

ANSWER :  

The Directive Principles embodied in part IV are in the nature directions ,instructions or recommendation to the various Governments and government agency including village panchayats to be followed as a fundamental in the Governance of the country. “It shall be the duty of the state to apply this principle in making laws.”These principles guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims: Justice, social, economic and political, liberty, Equality and Fraternity.”

But certain basic social economic rights are included in the Directive Principles in the chapter of Fundamental Rights. In the poor developing country like India, social economic rights are included in Directive principles and in Fundamental Rights due to the following reasons :  

1.Directive principles though declared fundamental in the Governance of the country are non justiciable. In other words the state cannot be used in any Court of law in case they are ‘violated’ or not implemented. The Right to Constitutional Remedies, as enshrined in Article 32 of the Constitution covers part III and not part IV of the constitution. They thus lack legal force. They confer no legal rights and create no legal remedies. The fundamental rights on the other hand are enforceable by the courts. They are consignable. The Judiciary has been empowered to issue orders, direction and writs for the enforcement of the Fundamental Rights. But no such legal status has been conferred on the Principles. The constitution clearly lays down the Directive Principles “shall not be enforceable by any Court.”Hence, socio economic rights were not included in the chapter of Fundamental Rights because India is a poor developing country. If these rights have been included in the chapter the of Fundamental Rights it was not possible for the Government to implement these social economic rights. Shortage of funds is a main reason for not including socio economic rights in  Fundamental Right.

2. It is not accessible to provide economic rights to all the citizens.

HOPE THIS ANSWER WILL HELP YOU….