Friday, 11 February 2022

DPSP (DIRECTIVE PRINCIPAL OF STATE POLICY)

 DPSP (DIRECTIVE PRINCIPAL OF STATE POLICY)


When we vote to a person there are certain things which we look for into the candidate like their education, past- records, criminal records, party manifesto, to name a few and manifesto of their party. 

Manifesto of a party includes kind of guideline or promises, which they will try to fulfilled once that party comes to power. If, a party coming into the power and doesn't complete or refuse to keep its promises as mentioned in the pre-election manifesto. In this a person can't do anything against. 

When Ajit Jogi's 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 the basis of their manifesto. Fundamental rights have been discussed in Article 12 - 35 of part III of constitution, while Article 36-51 have been discussed under part IV of the constitution.

DPSP have been adopted in our constitution from Irish constitution. If we consider the preamble to the Indian Constitution, then it has mainly 3 goals to achieve

 1. Social

2. Economic

3. Political justice 

And the combination for meeting these goals is carried out by Fundamental rights & DPSPs. 

The difference between the Fundamental rights and DPSP are:

1. Fundamental rights are a kind of negative rights. They lay downs certain things that must not be done by the state if like inequality, arbitrariness. 

While directives principal is a kind of positive rights, which lays down all the things which the state must do to meet the ends. 

2. Fundamental rights are more concerned with Political, while DPSP are more concerned with social justice & economic justice. 

3. Fundamental rights are justifiable rights which can be settled or enforced by courts, which lays that if Fundamental rights don't respect the state, then we can approach to the court so that court can pass the statement to enforce the Fundamental rights by the state. DPSP are non-justiciable rights, if states don’t respect the part IV of the constitution, then a person is not allowed to approach to the court. 

In Article 37, says that DPSP are non-enforceable. As Article 36 is a definition clause it says that article 12 which tells about the state which also be applicable in Part IV. 

The characteristics of article 37 are 

1. It says that directives principals are non- enforceable rights. 

2. It says for the country to have a good governance it is very to have Directives Principals which is to be consider are our fundamental sources.

3. It says the government or state before amending a new law they have to follow the Directives Principals. 

DPSP is not a moral role it is an enforceable only by the public opinion at large. Any government can only rules over, when it has a huge number of voters. So, if Government doesn't bring good policies, also not respecting the directives Principals due to this after 5years that party may not win over public next time. 

Due to such things, collecting popular vote, public opinion the state and government are bound to respect the DPSP policy strictly. 


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