Directive Principles of State Policy.pptx

Part IV of the Constitution

1. DIRECTIVE PRINCIPLES OF STATE POLICY PRESENTED BY- SUBHAM CHATTERJEE ASSISTANT PROFESSOR, SCHOOL OF LAW

2. INTRODUCTION

3. FEATURES OF THE DPSPs

4. SOCIALIST PRINCIPLES (1/2)

5. SOCIALIST PRINCIPLES (2/2)

6. GANDHIAN PRINCIPLES

7. LIBERAL-INTELLECTUAL PRINCIPLES

8. WHY THE DPSPs ARE NON-JUSTICIABLE?

9. CRITICISMS OF DPSPs

10. UTILITY OF DPSPs

11. DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY Sl. No. Fundamental Rights DPSPs 1. They’re negative rights as they prohibit State from doing certain things. They’re positive rights as they require State to do certain things. 2. They are justiciable. They are non-justiciable. 3. They aim to establish political democracy in the county. They aim to establish social & economic democracy in the country. 4. They have legal sanctions. They’ve moral & political sanctions. 5. They promote the welfare of the individual. They promote the welfare of the community.

12. TUSSLE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE POLICY CASE JUDGEMENT State of Madras v. Champakam Dorairajam (AIR 1951 SC 226) The Supreme Court held that if a Parliament made a law which contravenes the Fundamental Right then that law would be void but it will not apply to the Directive Principle of State Policy. It shows that fundamental rights are on higher pedestal than Directive principles of state policy. Re. Kerala education Bill (AIR 1951 SCR 995) In this case the Apex Court said that if there is any conflict between the Fundamental Right and Directive Principle of State Policy then the Doctrine of Harmonious Construction will apply. Minerva Mills v. UoI (AIR 1980) In this case the Apex Court said that if there is any conflict between the Fundamental Right and Directive Principle of State Policy then the Doctrine of Harmonious Construction will apply. Unni Krishna v. State of Andhra Pradesh [1993 SCC (1) 645] In this case the Apex Court said that if there is any conflict between the Fundamental Right and Directive Principle of State Policy then the Doctrine of Harmonious Construction will apply.

13. IMPLEMENTATION OF DPSPs Establishment of Planning Commission which was later replaced by the NITI Aayog in 2015. Enactment of Land Reforms for abolition of zamindari system, imposition of ceilings on land holdings, and cooperative farming as well as tenancy reforms. Enactment of laws for labour elfare such as:- The Minimum Wages Act, 1948 The Payment of Wages Act, 1936 The Trade Unions Act, 1926 The Mines Act, 1952

14. THANK YOU