Explain the difference between principle, of policies and fundamental rights.

2:58 PM

Explain the difference between principle, of policies and fundamental rights.

1. Introduction:

The principles of policies imply the future line of action of the country. The principles of policy themselves are not rules of law. It is usual in the constitution to instrument set out the aims and objective of the state.

2. Relevant Provision:

Article 31 to 41 of the constitution of Pakistan.

3. What is principles of policy?

According to Dr. K.C Wheer the principles of policy are the manifesto of national objectives and they cannot be challenged in any court of law.

4. Importance of principles of policy:

The principles of policy have great importance because it provide guidance to coming generation.

5. Nature:

The principles of policies are always flexible and they are not of permanent nature.

6. Basis of principles of policies

The principles of policy ore based partly on Islamic principles and partly on western philosophy.

7. Principles of policies in the constitution of 1973:

Following are the principles of policies in the constitution of 1973.

(I) Islamic way of life:

State shall take steps to enable the Muslims of Pakistan to adopt Islamic way of life individually and collectively.

(II) Promotion of local Government institutions:

State shall encourage and promote the local government organization and institution and shall give representation to peasants, workers, and woman.

(III) Participation of woman in national affairs:

State shall take steps to ensure full participation of women in national life. Women will be encouraged to take part in all the fields of life.

(IV) Protection of family ETC.

State shall protect the family system in the country.

(V) Parochial and other similar prejudices to be discouraged:

Statue shall discourage parochial, racial, tribal, sectarian and pre-judices among the citizen.

(VI) Protection of minorities:

Right of minorities shall be protected by the state.

(VII) Promotion of social justice and eradication of social evils:

(a) Promotion of Backward Areas:

State shall promote with special cure the educational and economic interests of backward classes and areas.

(b) Free Education:

State shall remove illiteracy and provide free and compulsory education within the minimum possible period.

(c) Professional Education:

State shall make technical and professional education generally available and higher education generally accessible to all.

(d) Speedy Justice:

State shall ensure inexpensive and expeditious justice.

(e) Better conditions of work;

State shall make provisions for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.

(f) Participation of people in National Activities:

State shall enable the people through education, training, agricultural, and industrial development, to participate fully in all forms of national activities, including employment.

(g) End of social evils:

State shall prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation, and display of obscene literature and advertisements.

(h) Prevention of Alcoholic Liquor:

State shall prevent the consumption of Alcoholic Liquor otherwise than for medical and in the case of Muslims, religious purpose.

(i) Decentralization of Government Administration:

State shall decentralize the government administration to meet convenience and requirements of public.

(VIII) Promotion of social and economic well-being of the people:

State shall secure the well-being of the people, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of few, and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.

State shall also provide the following.

(a) Facilities for work:

State shall provide for all citizens, within the available resources, facilities for work with reasonable rest and leisure.

(b) Social Insurance:

State shall provide for all persons, employed in the service, compulsory social insurance.

(c) Basic necessities of Life:

State shall provide basic necessities of life, such as food, clothing, housing education, and medical relief for all the citizens.

(d) Reduce disparity in the income:

State shall reduce disparity in the income and earning of individuals.

(e) End of usury:

State shall discourage usury system in the country and eliminate it as early as possible.

(IX) Participation of people in armed forces:

State shall enable people from all the parts of Pakistan to participate in armed forces of Pakistan.

(X) Foreign relation:

State shall make strong relations with other countries of the world.

(XI) International peace:

State shall play its role in keeping international peace.

(XII) Strengthening bonds with Muslim world:

State shall strengthen bonds with Muslim world and develop friendly relations.

8. Difference between principles policy fundamental rights:

(i) As to enforceability:

Fundamental rights are enforceable by courts.

Principles of policy cannot be enforced by the courts.

(ii) As to importance:

Fundamental rights have more importance than principles of policy.

Principles of policy are subsidiary to the fundamental rights.

(iii) As to remedy:

Fundamental rights provide legal remedy:

Principles of policy provide no legal remedy.

(iv) As to right:

Fundamental rights create legal rights.

Principles of policy create no legal right.

(v) As to scope:

Fundamental rights have greater scope.

Principles of policy have less scope.

(vi) As to nature:

Fundamental rights are of permanent nature and can taken away by amending the appropriate article.

Principles policy are not permanent. These are dependent on the availability of sources.

9. Conclusion:

To conclude I can say that the principles of policies provide guidance to the state. The principles policy included Islamic way of life, promotion of local government, full participation of women in national life, protection of minorities, promotion of social and economic well-being of the people and strengthening the bonds with the Muslims world.

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