DIRECTIVE PRINCIPLES OF STATE POLICY (ARTICLE 36-ARTICLE 51); SOCIO-ECONOMIC AND NON-JUSTICIABLE RIGHTS; CHAMPAKAM DORAIRAJAN

 DPSP : Directive Priciples of STATE policy

             DPSP are the directions of the constitution of India given to the STATE for the welfare of citizens of India.

               On the other hand Fundamental Rights (FR) are the rights given by the constitution of India to the individual against the STATE.

So, we can say that DPSPs are socio-economic rights in contrast FR are civil and political rights.

    🔸DPSP are non-justiciable in nature since given in ARTICLE 37 whereas FRs are Justiciable in nature.

   🔸 Fundamental Rights (civil and political) were available to the founding fathers so thay listed it in guaranteed rights. On the other side DPSP (Socio-economic) were not available to the founding fathers, so thay did not include it in guaranteed rights.

     FUNDAMENTAL RIGHTS are a type of direction to the STATE but in negative (-ve) prospective but DIRECTIVE PRINCIPLES OF STATE POLICY are also a type of directions to the STATE in positive (+ve) prospective.

               But there arise a conflict between ARTICLE 15 and ARTICLE 46 i.e. Article 15 says, there shall be no discrimination on the basis of religion, caste, race, sex, and place of birth whereas Article 46 says, the STATE must try to uplift the situations of SCs/STs and weaker sections of society.

   

    This conflict arrises as a result of CHAMPAKAM DORAIRAJAN case of 1951

In the judgement, Supreme Court declared that when ever there is a conflict between PART III and PART IV of the Constitution, we will give priority to PART III. So, Nehru Government made the 1st Constitutional Amendment Act of 1951 in ARTICLE 15 i.e. Article 15(4) which reflects that :

    ARTICLE 15(4) : Nothing in this article or in clause (2) of Article 29 shall prevent the STATE from making any special provision for the advancement of any socially and economically backward classes of citizens or for the SCs and STs.

       From this one concludes that DPPSPs are also a kind of rights as ARTICLE 45 has been converted into ARTICLE 21(A) through 86th Amendment Act Of 2002.

     ARTICLE 21(A) : RIGHT TO EDUCATION.

            The STATE shall provide free and compulsory education to all children of age of six to fourteen years.

           IMPORTANT FACTS : 

♦️B R AMBEDKAR said that Fundamental Rights are the souls of the Constitution.

♦️ Custodian of the Constitution of India : COURT 

♦️Defender and protector of the Constitution Of India : PRESIDENT OF INDIA



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