A Critical Legal Analysis Of Directive Principles Of State Policy In India With Special Reference To Social And Economic Justice
- IJLLR Journal
- 19 hours ago
- 2 min read
Mohd Faraz khan, LL.M., Amity University Lucknow
Dr. Jyotsna Singh, Assistant Professor at Amity University Lucknow
ABSTRACT
A critical legal examination of the Directive Principles of State Policy (DPSPs) in India, with a special emphasis on their role in promoting social and economic justice, an analysis of the historical context and development of the DPSPs, their interpretation and application by the courts, and the challenges of implementing them, and arguing that despite being non- justiciable, the DPSPs are necessary for promoting social and economic justice in India, as they give a framework to policymakers and lawmakers to promote the welfare of citizens, especially marginalized communities, and that the DPSPs have played a significant role in developing India's social and economic policies, such as the right to education, the right to work, and the right to food, and that the courts have played an important role in interpreting and applying the DPSPs, such as the Supreme Court's landmark judgments in the cases of Champakam Dorairajan v. State of Madras and Minerva Mills v. Union of India, which have helped to define the scope and application of the DPSPs, and that despite these advancements, the DPSPs encounter serious challenges in implementation, such as the absence of justiciability, poor institutional mechanisms, and a lack of resources, which have slowed down their effective implementation, and that thus, there is a need to enhance the institutional mechanisms tasked with implementing the DPSPs, boost resources, and make the DPSPs justiciable to ensure their effective implementation, and that this research adds to a better understanding of the DPSPs and their importance in promoting social and economic justice in India, and makes recommendations to policymakers, lawmakers, and judges to enhance the implementation of the DPSPs and promote a just and equitable society in India.
Keywords: Implementing Directive Principles of State Policy in India, Social justice, Economic justice, Critical Legal Analysis
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