About Manifesto in Indian Constitution (Directive Principles of State’s policy)
What do you look for in a candidate, before voting in elections?
His education, his past-record, criminal record, party manifesto, to name a few. Now what is a manifesto? A party's manifesto contains the kind of guidelines or promises that have to be followed or fulfilled when that party comes to power. But, what can you do if a political party refuses to put its promises in the pre-election manifesto?
You cannot do anything about it. But this time something new happened in State elections at Chhattisgarh Ajit Jogi’s party in Chhattisgarh (Chhattisgarh Janta Congress) issued their party manifesto on a stamp paper. So, in case the party wins and the promises are not fulfilled, people can sue the party on basis of their manifesto.
The reason is that we are going to discuss the Directive Principles of State Policy. Fundamental rights are discussed in Articles 12–35 to Part III. Whereas Article 36-51 is discussed under Part IV of the Constitution. Direct principles of state policy have been adopted in our Constitution from the Irish Constitution. If we concise the Preamble to the Indian constitution, it has mainly three goals to achieve
And the combined responsibility for meeting these goals is carried out by Fundamental Rights and Directive Principles of State’s policy.
Lets first begin with understanding the difference between fundamental rights and Directive Principles of State’s policy Firstly, Fundamental rights are a kind of negative rights. They lay down certain things that must not be done by the state if we wish to achieve justice for example inequality, arbitrariness, etc. While Directive Principles of State’s policy are a kind of positive right, which lays down certain things that the state must do to meet the ends of justice.
Second difference is fundamental rights are more concerned with political justice, while Directive Principles of State’s policy is more concerned with social justice and economic justice.
The third most important difference for whose sake I gave the example of elections, in the beginning, is that Fundamental rights are Justifiable rights. It means that if the States (Center or State) fail to respect the Fundamental rights of an individual, there is a remedy to approach to the Courts, which can direct the State in doing so.
On the other hand, Directive Principles of State’s policy is Non- Justifiable rights, it means if state orders not follow or adhere to them, an individual cannot approach a court. So how do we know that Directive principle of State’s policy is Non-enforceable?
Article 36 is a definition clause which states that the definition of 'State' given under Article 12 will also apply in Part IV.
There are principally three characteristics of Article 37 First says that Directive principles are non-enforceable. Many of us are lead to believe by this provision that Fundamental rights are very important, while Directive The principles of State’s policy is not important at all.
But this is just one characteristic, there are two more. The second feature states that for governance outside the country, directive principles are a fundamental source. The third feature is that, a government should follow the DPSP while framing any law. You may feel that instructional principles are a kind of moral obligation, but this is not true. The biggest force behind implementing direct principals is a public opinion.
A government is based on a popular vote. If a government does not bring good policies and does not respect the directive principles, then the probability of the government continuing after 5 years of its election decreases. Therefore, for the translation of popular votes and the improvement of public opinion, the state or government is obliged to respect and follow the dictates of the policy of the state..
The question arises if Directive Principles of State’s policy is so important, why are they non- justifiable? when our country gained independence and Constitution was written, with social, economical and political aspects in mind, some provisions were necessary to enforcement Those provisions became our Fundamental Rights.
And rest of the bundle of rights were such that were planned to be enforced in later day as the India develops, for example, Article 45 of the constitution. At the time when our constitution was drafted, we were not socially and economically developed enough to be able to declare the Right to Education as a fundamental right.
But even as we advanced financially, even though no classification is made in relation to the articles in Part IV in the Constitution, on the basis of the contents of these articles, based on their contents and principles, they were classified into 3 categories. Was: Socialist, Adi Gandhian
These all articles (Socialistic) provide for establishment of a welfare state, for an example adequate means of livelihood, equal pay for equal work etc. The objectives of these articles are to achieve social welfare, which include articles 38, 39, 39A, 41, 42, 43, 43A & 47.
To achieve the objectives of some of these Directive Principles of State’s policy, Some legislations have also been introduced for an example Land Ceiling Acts, Bank Nationalilsation, Equal pay for equal work, and the Maternity Benefit Act.
Article classified as Gadnhian talk about those principles which were envisioned by Gandhiji during National struggle for independence for an example to establish cottage industry, to empower village Panchayats, etc. So the focus of these articles is to advance Gandhi’s vision for India which include Articles 40, 43, 43B, 46, 47, 48 Some of the Directive Principles of State’s policy which have been successfully enforced include the promotion of cottage industry, minimum wages act and the recent event of ban on the slaughter of cows which you all must be knowing and third.
These Articles which belong to the liberal principle talk about liberalism for an example of the establishment of the Uniform Civil Code, respecting international principles etc. The articles promote the idea of liberalism include Article 44, 45, 48, 48A, 49, 50 & 51.
Legislations regarding the protection of the environment like the water pollution act, forest act, etc. find their basis in these articles.
Also important is Article 51 which talks about international peace and security. First, the 42nd Amendment of 1976 which combines four articles 39, 39A, 43A, 48A. Then we have the 9th amendment act of 19 amend the amendment, in which article 3 amend was added, then we had 448th amendment act of 2002, article 45 was added. And finally, the 97th Amendment Act of 2011, which added Article 43B
Comments
Post a Comment