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Rahul Kumar

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Directive Principles of State Policy:Not Enforceable,but Cognizable by the Court

Posted On 26 Aug, 2015 Others में

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Indian Judiciary has committed its greatest mistake by not ruling till now to entertain petition under Article 37 of the Constitution of India.Directive Principles of State Policy was taken from the Irish Constitution.Article 45 of the Irish Constitution provides that these principles are for the general guidance of the state and shall not be cognizable by any Court,whereas Article 37 of the Indian Constitution provides that these principles shall not be enforceable by the Court,but principles are fundamental in the governance and it shall be the duty of the state to apply these principles in making laws.
We can draw conclusion after analysis of the constitution of both countries that these principles are cognizable,not enforceable by Court in view of the Indian Constitution.So,Court can take cognizance on any of the principles contained from Article 38 to Article 51 of the Indian Constitution and advice/recommend the govt to do so,but can’t direct because not enforceable by the Court,only cognizable.
The Irish Constitution provides that these principles are only for the general guidance of the state.It reflects that the Irish Legislature had no intention even to make these principles cognizable by the Court as these are only general guidances,but the Indian Constitution provides that these principles are fundamental in governance.It reflects that the Indian Legislature used the term not enforceable instead of not cognizable only for the purpose that being fundamental in governance,these principles can be cognizable by the Court.
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You, बढ़ई महासभा गाजीपुर, Chandan Kumar Jha Bhu, Manikant Mani and 12 others like this.
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Amit Dayal Aapko kya lagta hai court cognizance nhi leti hai kabhi constitution khol k padha bhi hai 39(d) mein Jo directive hai equal pay for equal work isko fundamental right ka status aapki RTI ne dilaya hai ya supreme court k interpretation ne , kewal ninda karne se kaam nhi chalta hai Sir, ye SC hi hai jiske wajeh se Abhi sab jinda hain, isiliye please bhagwan k liye nyaya k mandir ka apmaan na kare to behtar hoga, dhanyawaad jai hind happy independence day
Unlike · Reply · 2 · August 15 at 12:08pm

Amit Dayal Savindhan aur uchatam nyayalay is desh ki buniyaad hai aur kripa kar in buniyaadon ko ninda na karein , itne Bde nhi ho gaye hain hm sab.
Unlike · Reply · 2 · August 15 at 12:27pm · Edited

Rahul Kumar Had court ever interpreted Article 37 of the constitution in the manner as i stated above?Equal pay for equal work for both men and women under Article 39(d) is errorneously a directive principle,but in fact a fundamental right within the meaning of right to equality under Article 14,15 and 16.Since it is already fundamental right,the court can interpret and direct the govt to ensure equal pay for equal work for both men and women,meant Article 39(d) is enforceable by court due to its tendency of fundamental right.There are many principles which have no tendency of fundamental rights like Articles 40,47,48,49,50,51 etc.Had court ever taken cognizance or will ever take cognizance on these articles? Court has interpreted what is the meaning of Living Wages under Article 43,but hasn’t advice the govt to implement living wages for workers.
Like · Reply · August 16 at 8:32am

Rahul Kumar Fundamental rights are values of a democratic nation and hence enforceable by the court.Directive principles are values of a welfare nation because all directive principles contained in Indian Constitution are expected to be implemented by a welfare nation.Even being values of welfare nation,constitution has not granted power of enforcement to the court as well court has not taken cognizance on those principles which are exclusively directive principles,not having tendency of fundamental rights.
Like · Reply · August 16 at 8:39am

Amit Dayal Sorry brother what ever you say your logic is understandable only by you and no one else, but u derogate the institutions
Unlike · Reply · 1 · August 16 at 8:41pm

Rahul Kumar Actually Our Constitution creates confusion.We have taken Directive Principles of State Policy from the Irish Constitution.The Irish Constitution provides not cognizable by the Court,whereas the Indian Constitution provides not enforceable by the Court.The Irish Constitution provides only for the general guidance,whereas the Indian Constitution provides that these principles are fundamental in governance.In such circumstances,the Indian Constitution ought to have given explanation under Article 37 as to what is the meaning of enforceable and what is the meaning of cognizable.If no explanation was provided,it was the duty of the court to interpret what is the meaning of enforceable and what is the meaning of cognizable.
Like · Reply · August 17 at 5:57am



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