Introduction
- The Directive Principles of State Policy (DPSP) aim to guide the state in establishing a welfare state and achieving socio-economic justice.
- Some DPSP provisions have been implemented over time, including the Uniform Civil Code and the Panchayati Raj system.
- These implementations reflect the state's commitment to realizing constitutional ideals.
Uniform Civil Code (UCC)
- Article 44 of the Constitution directs the state to secure a Uniform Civil Code (UCC) for all citizens.
- The UCC aims to ensure equality and uniformity in personal laws across all religions, addressing issues like marriage, divorce, inheritance, and adoption.
- It seeks to eliminate discrimination based on religion in matters of personal law.
- Challenges in implementation:
- Opposition from various religious communities.
- Concerns over violation of religious freedom under Article 25.
- Complexity of India's pluralistic society.
- The UCC remains partially implemented, with certain laws like the Special Marriage Act (1954) providing secular alternatives.
- Landmark judgments:
- Shah Bano Case (1985): The Supreme Court emphasized the need for a UCC to promote equality and justice.
- Sarla Mudgal Case (1995): Reiterated the importance of implementing a UCC to address personal law issues.
Panchayati Raj System
- Article 40 of the Constitution directs the state to organize village panchayats and empower them as units of self-governance.
- The Panchayati Raj system was formally established through the 73rd Constitutional Amendment Act (1992).
- Key features of the Panchayati Raj system:
- Three-tier structure: Gram Panchayat, Panchayat Samiti, and Zila Parishad.
- Mandatory elections every five years.
- Reservation of seats for Scheduled Castes (SC), Scheduled Tribes (ST), and women.
- Devolution of powers and responsibilities for planning and implementation of local development programs.
- The Eleventh Schedule lists 29 subjects under the Panchayati Raj system.
- Significance of the Panchayati Raj system:
- Strengthens grassroots democracy.
- Empowers rural communities in decision-making.
- Enhances local self-governance and development.
Significance of Implemented Provisions
- Reflect the state's commitment to achieving socio-economic justice.
- Promote the ideals of equality, justice, and inclusiveness enshrined in the Constitution.
- Address the needs of a diverse and pluralistic society through progressive laws.
Challenges in Implementation
- Religious and cultural diversity often creates resistance to uniformity in personal laws.
- The lack of awareness and participation in the Panchayati Raj system hampers its effectiveness.
- Insufficient financial and administrative powers for panchayats limit their ability to function autonomously.
Conclusion
The implementation of provisions like the Uniform Civil Code and Panchayati Raj highlights the gradual realization of the DPSP. While challenges remain, these measures are vital steps toward achieving a democratic, inclusive, and equitable society as envisioned in the Constitution.