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Directive Principles of State Policy

Overview​

The Directive Principles of State Policy (DPSPs) are fundamental guidelines for governance in India as enshrined in Part IV of the Constitution. These principles aim to promote social and economic welfare, justice, and equality. This guide will explore the DPSPs in the context of Indian law, providing insights for law students and LLB aspirants.

Key Principles​

1. Right to Work​

Article 41: The state shall, within the framework of this chapter, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, disability, ill-health and other cases of adversity.

Legal Section: Article 41, Part II, Chapter III, Constitution of India

Illustration: In the landmark case of Olga Tellis v. Bombay Municipal Corporation (1986), the Supreme Court held that the right to livelihood is a fundamental right under Article 21 of the Constitution, which aligns with the DPSP under Article 41.

2. Right to Social Security​

Article 42: Provision for just and humane conditions of work ensuring that children and women are not employed in factories and mines where young persons are employed.

Legal Section: Article 42, Part II, Chapter III, Constitution of India

Real Case: In M.C. Mehta v. Union of India (1997), the Supreme Court directed the closure of polluting industries near residential areas, upholding the DPSP under Article 42 to protect workers' health.

3. Living Wage​

Article 43: Organize village panchayats and improve the conditions of rural life.

Legal Section: Article 43, Part II, Chapter III, Constitution of India

Illustration: The concept of a living wage is closely related to the DPSP under Article 43. In Olga Tellis v. Bombay Municipal Corporation (1986), the court emphasized the importance of fair wages for workers.

4. Participation in Governance​

Article 39(b): That the ownership and control of the material resources of the community shall be so distributed as best to subserve the common good; and that the operation of the natural resources shall be brought under social control.

Legal Section: Article 39(b), Part II, Chapter III, Constitution of India

Real Case: In People's Union for Civil Liberties v. Union of India (1982), the Supreme Court upheld the DPSP under Article 39(b) by ruling that the government must ensure transparency in decision-making processes.

Conclusion​

Understanding the Directive Principles of State Policy is crucial for law students and LLB aspirants. These principles serve as guidelines for governance and development in India, influencing various legal decisions and policies. By studying these principles and their application in case laws, students can gain a deeper understanding of India's constitutional framework and its practical implications in real-world scenarios.