Directive Principles of State Policy
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Directive Principles of State Policy

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 05-Oct-2023

Introduction

  • The Directive Principles of State Policy (DPSP) are certain guidelines enshrined in Articles 36-51 which are contained in Part IV of the Constitution of India, 1950 (COI) to manage the governance of India.
  • They show the path towards establishing the welfare state.
  • The objective of incorporating DPSP into the Constitution is to establish a political democracy rather than social or economic democracy.
  • The concept was borrowed from Irish Constitution.
  • Dr. B. R. Ambedkar, known as the Architect of the COI terms it as a ‘Novel Feature’.

Historical Background of Directive Principles of State Policy

  • They were enshrined in the Government of India Act, 1935 as the instrument of instruction
  • In the year 1945 the Sapru Committee gave a suggestion to segregate the rights among justiciable and non-justiciable in nature.
    • Justiciable rights are Fundamental rights whereas non-justiciable rights are DPSP.

Features of Directive Principles of State Policy

  • Promulgate socio-economic justice.
  • Code of conduct for three branches of governance namely Legislative, Executive and Judiciary.
  • Non-justiciable in nature
  • Aim of Welfare of People
  • Aid in the policy formation
  • Supplement Fundamental Rights
  • Not backed with legal sanction

Classification of Directive Principles of State Policy

  • DPSP have not been classified by the COI but on the basis of their ideological source and objectives, they are usually classified into the following three types-
    • Socialist Principles
    • Gandhian Principles
    • Liberal and Intellectual Principles

Socialist Principles

  • Article 38 – The state shall strive to promote social order by ensuring social, economic and political justice and eradicating the inequalities in income, status, facilities and opportunities.
  • Article 39 – The state shall direct policy towards securing:
    • Adequate means of livelihood to all the citizens equally.
    • Distribution of ownership and control of material resources for common good.
    • No concentration of wealth
    • Equal pay for equal work
    • Protection of health and strength of worker
    • Development of children in healthy manner and avoid exploitation of the children
  • Article 39A - The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
  • Article 41 – The state shall endeavor to secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
  • Article 42 – The state shall endeavor to establish humane conditions of work and maternity relief.
  • Article 43 – The state shall endeavor to secure living wages and ensure a decent standard of life for all its citizens.
  • Article 43A – The state shall strive to protect the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.
  • Article 47 – The state shall endeavor to promote public health, raise the level of nutrition and standard of living of people.

Gandhian Principles

  • Article 40 – The state shall endeavor to take steps to organize village panchayat as units of Local Self Government.
  • Article 43 – The state shall strive to promote the cottage industry on an individual and cooperative basis.
  • Article 43B - To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
  • Article 46 - The State shall promote the educational and economic interests of the weaker sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.
  • Article 47 - The State shall opt measures improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health.
  • Article 48 – The state shall restrict the slaughter of cows, calves, and other milch and draught cattle and improve their breeds.

Liberal and Intellectual Principle

  • Article 44 - The state shall strive to establish for the citizens a Uniform Civil Code throughout the territory of India.
  • Article 45 - The state shall endeavor to provide early childhood care and education for all children until they reach the age of six years.
  • Article 48 - The state shall endeavor to organize agriculture and animal husbandry on modern and scientific lines.
  • Article 48A - The state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
  • Article 49 - The State shall protect every monument or place of artistic or historic interest.
  • Article 50 - The State shall take steps to separate judiciary from the executive in the public services of the State.
  • Article 51 - It declares that to establish international peace and security the State shall endeavor to:
    1. Maintain just and honorable relations with the nations.
    2. Foster respect for international law and treaty obligations.
    3. Encourage settlement of international disputes by arbitration.

Amendments to the Directive Principles of State Policy

  • Several new articles have been added to guide the state for good governance.
  • The amendments and incorporated articles are mentioned below:

42nd Amendment Act,1976

    • Article 39: To secure opportunities for healthy development of children
    • Article 39A: To provide free legal aid to the poor.
    • Article 43A: To take steps to ensure participation of workers in management of Industries.
    • Article 48A: To protect and improve the environment.

44th Amendment Act,1978

    • Article 38: to minimize inequalities in income, status, facilities and opportunities.

86th Amendment Act, 2002

    • The substance of Article 45 was changed and Article 21A included the right to elementary education as a fundamental right.

97th Amendment Act, 2011

    • The concept of cooperative societies was added under Article 43B .

Landmark Case laws

The court of law interpreted the nature in the following judgments:

  • Champakam Dorairajan v. the State of Madras (1951) - The Supreme Court stated that the DPSP are subsidiary to Fundamental Rights and in case of a conflict Fundamental Rights will prevail.
  • Golaknath v. the State of Punjab (1967) - The Supreme Court held that Fundamental Rights cannot be amended by any act of parliament even for the implementation of DPSP.
  • Kesavananda Bharati v the State of Kerala (1973) - Provision of article 31C, which provided immunity to laws giving effect to DPSP was declared null and void.
  • Unni Krishnan v. State of A.P. (1993) - Fundamental Rights and DPSP are supplementary and complementary to each other.

Criticism of Directive Principles of State Policy

  • Non-justiciable nature
  • Illogically Arranged
  • Conflicting in nature
  • Might lead to vagueness
  • Orthodoxy

Conclusion

  • The significance of DPSPs cannot be looked down upon just because it is not enforceable in any court of law.
  • These principles were added to facilitate the governance and smooth functioning of the country.
  • It was added to meet the main objectives and the goal of a country, i.e., to work for the welfare of its citizens.