A JOURNEY TOWARDS IMPLEMENTING DIRECTIVE PRINCIPLES OF STATE POLICY AN ANALYSIS OF LANDMARK CASES

Bhupal Bhattacharya

B.com (H), LL.M., PGDCA

Lecturer in Law,   Law College Durgapur,

Mob. 09564368001; bhupalbhattacharya@gmail.com

Bineet Kedia

B.Com, LL.M., UGC-NET

Lecturer in Law ,  Amity University, Jaipur, Rajasthan,

Mob. 09587132477; bineetkedia@gmail.com

Abstract: 

Directive Principles are essential in the governance of the country and the state must and is bound to take positive actions in the implementation of the same in order to secure the concept of “Welfare State” as laid down by the founding fathers of the Constitution. These principles as rightly pointed out by Amartya Sen can be coined as “social rights” which are very indispensable to achieve the socio economic needs of the society. Hence, such principles should and must be implemented under every circumstance and the obligation to secure the same lies on the State. Secondly, the Court is required to take judicial notice of the said principles in times of any kind of conflict with the other provisions of the Constitution.

Constitution of India is the lengthiest written Constitution in the world. Amongst all the salient features, a very innovative feature has been incorporated from Irish Constitution in the name of Directive Principles of State Policy in the Part IV of the Indian Constitution. In the view of John Austin, the Indian Constitution is first and foremost a social document with an aim either directly or indirectly attains the goals of social revolution. Austin was of the view that rights and principles were included in the constitution by the constituent Assembly with an expectation to flourish India giving strength to the pursuit of social revolution in the country. Many Jurists at the time of its incorporation was of the view that the idea of welfare state can be only achieved if the state makes endless endeavour to implement these directives with a high sense of moral duty. 

The Directive Principles lay down certain economic and social policies to be followed by the government of each state in certain directions in order to promote welfare of the people and achieve economic democracy. In this research paper, the researcher seeks to discuss on the nature and object of directive principles and analyse the significance of the directives in the governance of the country in the light of few landmark case laws.

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