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Directive Principles of State Policy India Notes – CSEET

Directive Principles of State Policy India Notes – CSEET

Directive Principles of State Policy:

ICSI CSEET: The Council of the ICSI has released a notice regarding CSEET on the day of the inauguration of ICSI Golden Jubilee Celebrations on 4th Oct 2017.

The Gazette Notification on the Company Secretaries (Amendment) Regulations, 2020 has been published on 3rd February 2020 in the Official Gazette of India and the same shall be applicable from the said date of publication.

Now ICSI Published a notice regarding CSEET Test which going to start from 2020 May.

We are now going to discuss the details of CSEET Paper-2 Legal Aptitude and Logical Reasoning – Directive Principles of State Policy India Notes

Directive Principles of State Policy India

Directive Principles of State Policy India

Directive Principles of State Policy: Aims 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

The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights — one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law Courts.

Later on however, the former were put under the head ‘Fundamental Rights’ as Part III which we have already discussed and the latter were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’ which are discussed in the following pages.

The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part

(i) shall not be enforceable by any Court, but the principles therein laid down are nevertheless

(ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.

The Directives, however, differ from the fundamental rights contained in Part-III of the Constitution or the ordinary laws of the land in the following respects:

(i)    The Directives are not enforceable in the courts and do not create any justifiable rights in favour of individuals.

(ii)   The Directives require to be implemented by legislation and so long as there is no law carrying out the policy laid down in a Directive, neither the state nor an individual can violate any existing law.

(iii)   The Directives per-se do not confer upon or take away any legislative power from the appropriate legislature.

(iv)  The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles.

(v)   The courts are not competent to compel the Government to carry out any Directives or to make any law for that purpose.

(vi)  Though it is the duty of the state to implement the Directives, it can do so only subject to the limitations imposed by the different provisions of the Constitution upon the exercise of the legislative and executive power by the state.

Important Directive Principles

To be specific, the important Directive Principles are enumerated below:

(a)   State to secure a social order for the promotion of welfare of the people:

(1)   The State must strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political should inform all the institutions of the national life.

(2)   The State shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also among groups of people residing in different areas or engaged in different vocations. (Article 38).

(b)   Certain principles of policy to be followed by the State. The State, particularly, must direct its policy towards securing:

(i)    that the citizens, men and women equally, have the right to an adequate means of livelihood;

(ii)   that the ownership and control of the material resources of the community are so distributed as best to subserve the common goods;

(iii)   that the operation of the economic systems does not result in the concentration of wealth and means of production to the common detriment;

(iv)  equal pay for equal work for both men and women;

(v)   that the health and strength of workers and children is not abused and citizens are not forced by the economic necessity to enter avocation unsuited to their age or strength;

(vi)  that childhood, and youth are protected against exploitation and against moral and material abandonment (Article 39).

(bb)The State shall secure that the operation of legal system promotes justice on a basis of equal opportunity, and shall, in particular provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities (Article 39A).

(c)   The State must take steps to organise the Village Panchayats and enable them to function as units of self-government (Article 40).

(d)   Within the limits of economic capacity and development the State must make effective provision for securing the right to work, to education and to public assistance in case of unemployment, old age, etc. (Article 41).

(e)   Provision must be made for just and humane conditions of work and for maternity relief (Article 42).

(f)    The State must endeavour to secure living wage and good standard of life to all types of workers and must endeavour to promote cottage industries on an individual of co-operative basis in rural areas (Article 43).

(ff) The State take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry (Article 43 A).

(g)   The State must endeavour to provide a uniform civil code for all Indian citizens (Article 44).

(h)   Provision for free and compulsory education for all children upto the age of fourteen years (Article 45).

(i)    The State must promote the educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections (Article 46).

(j)    The State must regard it one of its primary duties to raise the level of nutritional and the standard of living and to improve public health and in particular it must endeavour to bring about prohibition of the consumption, except for medicinal purposes, in intoxicating drinks and of drugs which are injurious to health (Article 47).

(k)   The State must organise agriculture and animal husbandry on modern and scientific lines and improve the breeds and prohibit the slaughter of cows and calves and other milch and draught cattle (Article 48).

(kk) The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country (Article 48A).

(l)    Protection of monuments and places and objects of national importance is obligatory upon the State (Article 49).

(m)  The State must separate executive from judiciary in the public services of the State (Article 50).

(n)   In international matters the State must endeavour to promote peace and security, maintain just and honourable relations in respect of international law between nations, treaty obligations and encourage settlement of international disputes by arbitration (Article 51).

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