Classification of DPSP (Directive Principles of State Policy)

The Directive Principles are classified on the basis of their ideological source and objectives. These are Directives based on:

• Socialist Principles
• Gandhian Principles
• Liberal and Intellectual Principles

Directives based on Socialist Principles

Article 38

• The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic, and political justice and by minimising inequalities in income, status, facilities and opportunities.

Articles 39 

• The State shall, direct its policies towards securing:
• Right to an adequate means of livelihood to all the citizens.
• The ownership and control of material resources shall be organised in a manner to serve the common good.
• The State shall avoid concentration of wealth in a few hands.
• Equal pay for equal work for both men and women.
• The protection of the strength and health of the workers.
• Childhood and youth shall not be exploited.

Article 41

• To secure the right to work to education and to public assistance in cases of unemployment, old age, sickness and disability.

Article 42

• The State shall make provisions for securing just and humane conditions of work and for maternity relief.

Article 43

• The State shall endeavour to secure to all workers a living wage and a decent standard of life.
• Article 43A: The State shall take steps to secure the participation of workers in the management of industries.
• Article 43B: The 97th amendment introduced Part IX B of the Constitution, Article 43 B to DPSP and Article 19(1)(c) in Fundamental Rights.

Part IX B defining powers of the state legislature and the Centre to regulate incorporation, elections and governing of these cooperative societies. For multi-state cooperatives and Union Territories, Parliament has the power to issue regulations. Part IXB was challenged on the ground that The provisions in the Amendment, passed by Parliament without getting them ratified by State legislatures as required by the Constitution. 

SC Ruling: 

• Part IX B, which consists of Articles 243ZH to 243ZT, has “significantly and substantially impacted” State legislatures’ “exclusive legislative power” over its co-operative sector under Entry 32 of the State List.
• It held that the 97th Constitutional Amendment required ratification by at least one-half of the state legislatures as per Article 368(2) of the Constitution, since it dealt with an entry which was an exclusive state subject (co-operative societies).
• It did not strike down the portions of Part IXB of the Amendment concerning ‘Multi State Co-operative Societies (MSCS)’ due to the lack of ratification.
• When it comes to MSCS with objects not confined to one State, the legislative power would be that of the Union of India which is contained in Entry 44 List I (Union List).
• It is declared that Part IXB of the Constitution is operative only insofar as it concerns multi-State cooperative societies both within the various States and in the Union Territories.

Recently, the government has set up Ministry, it will help realise the vision of “Sahkar se Samriddhi”, which roughly translates as “Prosperity through Cooperation”. The key objectives of the Ministry of Cooperation are as follows: 

• To provide a unique administrative, legal and policy framework for strengthening the cooperative movement in the country.
• To deepen cooperative movement as a true people-based movement that will be able to reach citizens at the grassroots.
• To streamline processes for ‘Ease of Doing Business’ for cooperatives and enable development of MSCs in India. 

What are the challenges the new Ministry will have to face?

Ministry will have to first sort out the issue like:

• Non-Accountability: There was no competition, they became more and more costly, they were not at all efficient and the worst part was that the government allowed them to function like this and pass on the burden of costs to consumers.
• Vested Interest: Conflicting of personal interests with the interest of the cooperatives now this affects the performance of the cooperatives in a negative way.
• Lack of coordination: Generally what happens in cooperatives is that different cooperatives at different levels don’t coordinate this makes the work of cooperatives difficult. Coordination is the key to success in any organization. The best example for this is AMUL which works best because of coordination. 
• The Internal Free Rider Problem: This problem arises when new members who provide very little capital enjoy the same benefits as long-standing or founding members who have major investments.
• No Balanced Growth: The cooperatives in northeast areas and in areas like West Bengal, Bihar, Orissa are not as well developed as the ones in Maharashtra and the ones in Gujarat. There is a lot of friction due to competition between different states, this friction affects the working of cooperatives.
• Political Interference: This is the biggest problem of cooperatives as politicians use them to increase their vote bank. They also get their own favourites on the boards of such boards, so they are in control of these cooperatives.

Article 47

• To raise the level of nutrition and the standard of living of people and to improve public health.

Directives based on Gandhian Principles

Article 40

• The State shall take steps to organise village panchayats as units of Self Government

Article 43

• The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.
• Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.

Article 46

• The State shall promote educational and economic interests of the weaker sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.

Article 47

• The State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health.

Article 48

• To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.

Directives based on Liberal-Intellectual Principles

Article 44

• The State shall endeavour to secure for the citizen a Uniform Civil Code through the territory of India.

Uniform Civil Code

Uniformity across all the communities in the matter of Marriage, divorce, Inheritance and succession.

[Article 44 ensures this.]

Debate in Constituent Assembly:

• Mohammad Ismail: Any interference with the personal laws, in his view, would tantamount to interference with the very way of life of those who had been observing such laws from generation to generation.
• K.M. Munshi: European countries had uniform laws applied even to minorities. Religion should be divorced from personal law.
• Dr B R Ambedkar: Defended the right of the state to interfere in the personal laws of different communities. He persuaded the Muslim members ‘not to read too much into Article 44′.
• Portuguese Civil code:
  • Allows equal division of Income and Property between Husband and wife.
  • Every Birth, marriage and death have to be compulsorily registered.

Need of UCC:

• National Integration: UCC will separate religion from social relation, ensuring equality.
• Gender Justice: Islamic law prescribes a man’s share of inheritance is double that of women.
• Freedom of Choice: Ex- Right to marriage for youth.
• Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions.

Challenges:

• Considered against Secularism.
• Political challenges: UCC Reduced to debate between Majority vs Minority.
• Constitutional Challenges: UCC is considered against Article 25.
• Plurality and Diversity

Supreme Court on UCC:

• Shah Bano Case: The Supreme Court found in her favour under the All India Criminal Code’s”maintenance of spouses, children, and parents” provision (Section 125), which applied to all citizens regardless of religion. However, government came under pressure and passed Muslim women act and said Section 125 does not apply to Muslims.
• Daniel Latifi Case: The Muslim Women’s Act (MWA) was challenged on the grounds that it infringed on Articles 14 and 15, Article 21 of the Constitution. SC uphold the law but said sum received by a woman during the iddah time should be sufficient to maintain her throughout the iddah period as well as provide for her future.
• Shyara Bano case: Triple Talaq was considered unconstitutional.
• Sarla Mudgal Case: Converting to Islam and remarrying would not automatically invalidate the Hindu marriage under the act, hence a second marriage solemnized after converting to Islam would be illegal under section 494 of the IPC.

Law Commission Recommendation: Amendments to existing family laws to tackle discrimination and inequality in personal laws, rather than do away with differences between them altogether.

Reform in Hindu Religion:

1. Compulsory registration of marriages: This can be introduced by an amendment to the Registration of Births and Deaths Act.
2. Community of Property upon Marriage and Divorce: Both spouses should be equally entitled to property acquired after marriage.
3. Bigamy upon Conversion: Such second marriages enabled by conversion should be made void.
4. Deletion of thirty-day notice period under the Special Marriage Act, 1954: This time period is often misused by disapproving kin to discourage the marriage.

Reform in Islam:

• Codified Inheritance Law: Applicable to both the Sunnis and the Shias may be formulated for the sake of clarity. This would entail abolition of the Muslim Personal Law (Shariat) Application Act,1937.
• Adultery should be introduced as a ground for divorce through an appropriate amendment to the Dissolution of Muslim Marriage Act, 1939.
• The Nikah Nama itself should make it clear that polygamy is a criminal offence.

Reform in Parsi Law:

• Ostracization on Marriage with outsider: Under the present system, Parsi women who marry outside the community are expelled from the community.

Reform in Christianity:

• Divorce: The period for confirmation of a decree of divorce is significantly longer than for the couples of other religions

Conclusion: The issue of UCC should not be the part of electoral manifesto, rather than the nuanced debates amongst judges, parliamentarians and academicians are required.

Article 45

• To provide early childhood care and education for all children until they complete the age of six years.

Article 48

• To organise agriculture and animal husbandry on modern and scientific lines.
• Article 48A: To protect and improve the environment and to safeguard the forests and wildlife of the country.

Article 49

• The State shall protect every monument or place of artistic or historic interest.

Article 50

• The State shall take steps to separate judiciary from the executive in the public services of the State.

Article 51

• It declares that to establish international peace and security the State shall endeavour to:
  • Maintain just and honourable relations with the nations.
  • Foster respect for international law and treaty obligations.
  • Encourage settlement of international disputes by arbitration.