14-12-2017, 04:49 PM
*The writ of prohibition can be issued only against judicial
or quasi-judicial authorities.
5. Certiorari: It means ‘to be certified’ or ‘to be informed’. It is issued by the Supreme Court or High Courts to a lower court or a tribunal to transfer a case, pending before the latter, to the higher court for review.
DIRECTIVE PRINCIPLES (Article 36 to 51)
* Part IV (Artie les 36 to 51) of the Constitution deals with the Directive Principles of state policy.
*The idea of DPSP is taken from the Irish Constitution.
*Dr. B.R. Ambedkar called these principles as ‘Novel features of the Indian Constitution’ and ‘The Instrument of Instructions’.
*Directive Principles aim at the establishment 4 of a ‘Welfare State’. They seek to establish an economic and social democracy in the country. Whereas Fundamental Rights seek to establish a political democracy in India. i Directive Principles deal with Economic ‘social and cultural rights
*Directive Principles are non justiciable in nature ie. they are not enforceable through court of law. While fundamental Rights are justiciable is nature.
Directive Principles can be classified as
(1)Socialistic Principles
(2)Gandhian Principles, and
(3)Liberal Intellectual Principles
*Article 39 (d) - Equal pay for equal work for men and women
*Article 39 A - To provide equal justice and to provide free legal aid to the poor
*Article 40 - To organise village panchayats
*Directive Principles was described as “a cheque on a bank payable at the convenience of the bank” - K.T. Shah
*Article 41 - Right to work
*Article 43 - Living wages for workers
*Article 44 - To secure for all'citizens a uniform civil code throughout the country
*Article 45 - To provide early childhood care and education for .all children until they complete the age of six years
*Article 47 - Prohibition of liquor
*Article 48 - Prohibition of slaughter of cows
*Article 48 A - Protection of environment
*Article 49 - To protect the monuments, places and objects of national importance
*Article 50 - Separation of judiciary from the Executive.
*Article 51 - Promotion of International Peace and Security.