Question
Download Solution PDFThe Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of
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CSIR-CLRI JSA 2024 Official Paper-II (Held On: 16 Feb, 2025)
Answer (Detailed Solution Below)
Option 1 : Ireland
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Download Solution PDFThe correct answer is Ireland.
Key Points
- The Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of Ireland.
- The Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Constitution of India, spanning Articles to .
- They are a set of guidelines or principles given to the federal institutes governing the state of India, to be kept in mind while framing laws and policies.
- These provisions, contained in Part IV, are not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country.
- The idea behind the DPSPs is to create a 'welfare state' where social and economic justice prevails.
- They are intended to guide the state in its policy-making to secure justice, liberty, equality, and fraternity for the people.
- The Irish Constitution, from which this concept was borrowed, also contains similar principles of social policy.
- These principles in the Irish Constitution are found in Article of that document.
- The framers of the Indian Constitution were influenced by various constitutions around the world, and the Irish example of DPSPs was deemed suitable for India's socio-economic context.
- The DPSPs can be classified into several categories based on their ideological leanings, such as socialistic, Gandhian, and liberal-intellectual principles.
- Socialistic principles aim to provide social and economic equality, such as securing adequate means of livelihood, equal pay for equal work, and the protection of workers.
- Gandhian principles reflect the ideology of Mahatma Gandhi, emphasizing village self-government, promotion of cottage industries, and prohibition of intoxicating drinks.
- Liberal-intellectual principles include the uniform civil code, separation of the judiciary from the executive, and promotion of international peace and security.
- While not legally enforceable, the DPSPs are morally binding on the state and have been used by the courts in interpreting the Constitution and laws.
- They serve as a beacon for the state to strive towards achieving a just and equitable society.
- Over the years, the DPSPs have influenced the formulation of numerous laws and policies in India, aiming at social and economic reform.
- The judiciary has also recognized the importance of DPSPs and has sometimes read them along with the Fundamental Rights to give a broader interpretation to constitutional provisions.
- The relationship between Fundamental Rights and DPSPs is one of complementarity, where the former guarantees civil and political rights, while the latter aims to achieve socio-economic rights.
- Amendments to the Constitution have also been made to implement some of the principles laid down in the DPSPs.
- The Directive Principles of State Policy continue to be a significant part of India's constitutional framework, guiding the state towards the goal of a welfare state and social justice.
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