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Directive Principles of State Policy (DPSP)

Directive Principles of State Policy (DPSP)

DPSP are the principles that direct the state when it makes policies for its people i.e. Directive + principles + state + policy. These DPSP act as a guideline for the state and are needed to be taken into consideration while coming up with any new law but a citizen cannot compel the state to follow DPSPs.

The Directive Principles of State Policy, which are also referred to as DPSP, are enumerated in Part IV of the Constitution of India from Articles 36 to Article 51.

Table of Contents

  1. Historical Background
  2. Features of DPSP
  3. Classification of DPSP
  4. New DPSP
  5. Criticism
  6. Conflicts
  7. Associated Acts and Amendments
  8. Directives outside part IV
  9. Conclusion

Directive Principles of State Policy – Historical Background

The instrument of instructions contained in the Government of India Act, 1935 has been incorporated in the constitution of India in the year 1950 as Directive Principles of State Policy.

The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had in turn been inspired by the Spanish Constitution.

The Directive Principles of the Constitution of India have been greatly influenced by the Directive Principles of Social Policy.

Important features of Directive Principles of State Policy

Dr. B.R. Ambedkar described DPSP as the novel feature of the Constitution. The Directive Principles, along with the Fundamental Rights, contain the philosophy and soul of the Constitution.

Granville Austin referred to the Directive Principles and the Fundamental Rights as the “Conscience of the Constitution.”

Important features are as follows

  • These are Ideals that the state should keep in mind while formulating policies and enacting laws
  • DPSP help the state while formulating Economic, Social & Political program
  • DPSP help the state to establish Economic & Social democracy
  • These are non – justiciable but help courts in examining & determining the validity of Law

Classification of DPSP

Classification of DPSP

Directive Principles of State Policy are not formally classified under our Constitution; however, for better understanding and based on content and direction, they can be classified into three categories, namely:

  • Socialistic Principles
  • Gandhian Principles
  • Liberal-Intellectual Principles

Socialistic Principles

  • These are the principles with the aim and goal to provide socio-economic justice in society and to set the path towards the welfare state.
  • These principles explore the school of socialism and lay down the structure of a democratic socialist state.
  • The basic aim is to minimize inequalities in income, status, facilities & opportunities (Article 38)
  • They direct the state through various Articles some of them being, Article 39 A- Promote equal Justice and free legal aid to the poor;
  • Article 42- Make provision for just and humane conditions of work and maternity relief;
  • Article 47- Raise the level of nutrition and the standard of living of people and to improve public health; along with numerous other articles such as Article 38, Article 39, Article 41, Article 43 and Article 43A.

Gandhian Principles

  • Based on Gandhian ideology these principles represent the program of reconstruction enunciated by Mahatma Gandhi during the national movement.
  • To fulfill the dreams of Mahatma Gandhi, some of his ideas were included in Directive Principles of State Policy, and they direct the State through Articles such as Article 43- Promote cottage industries on an individual or corporate basis in rural areas;
  • Article 47- Prohibit the consumption of intoxicating drinks and drugs which are injurious to health;
  • Article 48- Prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds; Article 40, Article 43B, and Article 46.

Liberal-Intellectual Principles

  • These principles reflect the ideology of liberalism.
  • Under various articles, they direct the state to achieve various ideals as seen in Article 44- Secure for all citizens a uniform civil code throughout the country;
  • Article 45- Provide early childhood care and education for all children until they complete the age of six years;
  • Article 48- Organise agriculture and animal husbandry on modern and scientific lines, Article 48A, Article 49, Article 50 and Article 51.

Thus, based on the distinct features of the Directive Principles, they can be grouped in their respective categories, be it Socialistic Principles of Gandhian Principles or Liberal-Intellectual Principles.

New DPSP

New Directive Principles of State Policy

Following changes were made by 42nd Constitutional Amendment, 1976 in part-IV of the Constitution:

  • Article 39A: To provide free legal aid to the poor.
  • Article 43A: Participation of workers in the management of Industries.K1M
  • Article 48A: To protect and improve the environment.

The 44th Constitutional Amendment, 1978 inserted Section-2 to Article 38 which declares that; “The State, in particular, shall strive to minimize economic inequalities in income and eliminate inequalities in status, facilities and opportunities not amongst individuals but also amongst groups”.

The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21 A.

Criticism

Directive Principle of State Policy – Criticism

  • The critics argued that there is a lack of legal force while implementing these directives. The violation against these principles cannot be challenged in any court.
  • The Constitution does not make them justiciable and neither fixes the time limit within which these are to be secured, they are mere declarations of intentions that should be fulfilled by the State. According to critic T. Shah, they are “a cheque payable by the bank at its convenience.”
  • There is a lack of clarity with DPSP. For example, the Directive Principle with the aim to promote international peace and friendly cooperation among all the nations lack intelligible guidelines for its implementations.
  • Some of the principles are not practical in nature. Part IV includes some directives which cannot be implemented in actual practice. Haryana introduced prohibition but found it almost impossible to implement. The Haryana Government was therefore compelled to scrap it. Prohibition cannot be enforced by law because of the practical difficulties involved in the implementation of prohibition.
  • Directive Principles are being criticized due to its incorporation from age-old and foreign philosophical foundations based upon Fabian Socialist which almost lost its relevance in the present-day world
  • Many critics hold the view that their enumeration in Part IV has made things more complex and complicated as the principles stated here clearly mentioned in the Preamble of the Constitution
  • Directive principles are designed to serve as pious promises for creating an impression about the just and useful exercise of the power of the state. They aim to secure support by making promises and not through action.

Conflicts

Conflicts Between Fundamental Rights and DPSP: Associated Cases

  • Champakam Dorairajan v the State of Madras (1951): In this case, the Supreme Court ruled that since Fundamental Rights are enforceable and Directive Principles are not, so the Fundamental Rights would prevail over the latter and have to run as subsidiary to the Fundamental Rights.
  • Golaknath v the State of Punjab (1967): In this case, the Supreme Court declared that Fundamental Rights could not be amended by the Parliament even for implementation of Directive Principles.
  • Kesavananda Bharati v the State of Kerala (1973): In this case, the Supreme Court overruled its Golak Nath (1967) verdict and declared that Parliament can amend any part of the Constitution but it cannot alter its “Basic Structure”.
  • Minerva Mills v the Union of India (1980): In this case, the Supreme Court reiterated that Parliament can amend any part of the Constitution but it cannot change the “Basic Structure” of the Constitution.

Associated Acts and Amendments

Implementation of DPSP: Associated Acts and Amendments

  • The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14. years. Right to Education (RTE) has also been implemented now.
  • Welfare schemes for the weaker sections are being implemented both by the Central and state governments. In order that scheduled castes and scheduled tribes are protected from atrocities, the Government has enacted the Prevention of Atrocities Act, 1989 which provided severe punishments for such atrocities
  • The Minimum Wages Act of 1948 empowers the government to fix minimum wages for employees engaged in various occupations.
  • The Equal Remuneration Act of 1976 provides for equal pay for equal work for both men and women.
  • Through 73rd and 74th Amendments to the constitution, (1991 & 1992 respectively). Panchayati Raj has been given constitutional status with more powers, Panchayati Raj now covers almost all states and Union territories.
  • Legal aid at the expense of the State has been made compulsory in all cases pertaining to criminal law if the accused is too poor to engage a lawyer.
  • Judiciary has been separated from the executive in all the states and Union territories except Jammu and Kashmir and Nagaland.
  • India’s Foreign Policy has also to some degree been influenced by the DPSP. India has in the past condemned all acts of aggression and has also supported the United Nation peace-keeping activities. India has also been in favour of nuclear disarmament.

Directives outside Part IV

Directives Outside Part IV

Apart from the Directives included in Part IV, there are some other Directives contained in other parts of the Constitution. They are:

  • Claims of SCs and STs to Services: The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or a State (Article 335 in Part XVI).
  • Instruction in mother tongue: It shall be the endeavor of every state and every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups (Article 350-A in Part XVII).
  • Development of the Hindi Language: It shall be the duty of the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India (Article 351 in Part XVII). The above Directives are also non-justiciable in nature. However, they are also given equal importance and attention by the judiciary on the ground that all parts of the constitution must be read together.

Conclusion

Conclusion

The goal of the Directive Principles of State Policy is to establish social and economic conditions that allow citizens to live happy life. They also want to create a welfare state to promote social and economic democracy. Though the Directive Principles are non-justiciable rights of the people but essential to the country’s government, it is the State’s responsibility to apply them in drafting legislation, as stated in Article 37. Furthermore, these principles should guide the executive agencies of the union and states. Even the judiciary must consider them while making decisions.