LUXMIKANT POLITY CRUX NOTES-CHAPTER-8

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Not Enforceable (36-51) – Part IV ·         From Irish Constitution (Spanish)

·         Non-Justiciable
Directive Principles of State Policy: 1.       Sir BN Rao: Constitutional Advisor to the Constituent Assembly

Ø  Recommended two categories for individual rights

Ø  Justiciable and non- Justiciable.

Ø  Justiciable: FR.

Ø  Non- Justiciable: DPSPs.

2.       Part 4 (DPSPs)

3.       Article 36-51

4.       Idea from the Irish Constitution (which borrowed from the Spanish constitution)

Ø  Resemble the Instrument of Instructions of the GOI Act 1935.

5.       BR Ambedkar: DPSPs are a “novel feature” of our constitution.
Article 37 Nature, non- Justiciable but fundamentalism in Governance.
Art 38 Object of DPSP – to secure social order based on Justice.

44th CA – 1. to eliminate inequality

2. Status facility opportunity.
Art 39 1.       Right to adequate means of livelihood.

2.       Equitable distribution of resources.

3.       Prevention of Concentration of wealth.

4.       Equal pay for equal work – Randher Singh Case.
Art 39(A) Free & Legal & Equal Justice – 1. NALSA  2. SALSA
Art 40 ·         Organisation of Village Panchayat Gandhian philosophy, power – Violence

·         It becomes part of Constitution by the proposal of  K. Santhanam.
Art 41 Right to Education (No Age Restriction), work & public assistance.
Art 42 Provision for just and humane conditions maternity relief –

Ø  8 weak (Pre)

Ø  18 Weak (Past)
Art 43 Promote Cottage industries on an Individual or co-operation in rural areas.

Art 43 (A) Participation in Industry (worker)

Art 43 (B) Organisation – Co-operative Society, By 42nd CAA, 1976
Art 44 Uniform civil code for citizen throughout the Country. – Liberal Intellectual principle
Art 45 Provided early childhood care (0-6years)

Education for all children [Earlier it was {6-14}, amended by 86th CAA,2002]
Criticism ·         No Legal Force

·         Illogically Arranged

·         Conservative

·         Constitutional Conflict
Fundamental Rights v. DPSP
These are negative as they prohibit the State from doing certain things. These are positive as they require the State to do certain things.
These are justiciable, that is, they are legally enforceable by the courts in case of their violation. These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
They aim at establishing political democracy in the country. They aim at establishing social and economic democracy in the country.
These have legal sanctions. These have moral and political sanctions
Promote welfare of the individual Promote the welfare of the community
The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid. The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid.
They do not require any legislation for their implementation. They require legislation for their implementation.

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