Introduction
Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP). Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states. Though these principles are non-justiciable, they are fundamental in the governance of the country.
- Background: The source of the concept of Directive Principles of State Policy (DPSP) is the Spanish Constitution from which it came in the Irish Constitution.
- The concept of DPSP emerged from Article 45 of the Irish Constitution.
- Constitutional Provisions: Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP).
- Article 37 of the Indian Constitution States about the application of the Directive Principles.
- These principles aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State. Directive Principles of State Policy (DPSP) are non-justiciable, therefore, they cannot be enforced in court.
Quotes:
- ‘No ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV of the constitution’: Sir Alladi Krishnaswamy Ayyar
- ‘A government which rests on popular vote can hardly ignore the DPSP while shaping its policy’
- ‘DPSP are life-giving provisions of the constitution’- LM Singhvi
- ‘DPSP are aimed at furthering the goals of the social revolution or to foster the revolution by establishing the conditions necessary for its achievements’- Granville Austin
- ‘DPSP are moral precepts for the authorities of the state’- Sir BN Rau
What are the Directive Principles of State Policy?
The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy. DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions to Directive Principles of State which are given below:
- They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
- They seek to establish economic and social democracy in the country.
- DPSPs are ideals which are not legally enforceable by the courts for their violation.
Fundamental Rights Vs DPSP:
- Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects the rights of a citizen and work at a macro level.
- DPSP consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country.
- Directive Principles are affirmative directions on the other hand, Fundamental Rights are negative or prohibitive in nature because they put limitations on the State.
- The DPSP is not enforceable by law; it is non-justiciable.
- It is important to note that DPSP and FRs go hand in hand.
- DPSP is not subordinate to FRs.
Directive Principles of State Policy – Classification
Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types-
- Socialistic Principles,
- Gandhian Principles and,
- Liberal-Intellectual Principles.
| DPSP – Socialistic Principles | |
| Definition: They are the principles that aim at providing social and economic justice and set the path towards the welfare state. Under various articles, they direct the state to: | |
| Article 38 | Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities |
| Article 39 | Secure citizens:
|
| Article 39A | Promote equal justice and free legal aid to the poor |
| Article 41 | In cases of unemployment, old age, sickness and disablement, secure citizens:
|
| Article 42 | Make provision for just and humane conditions of work and maternity relief |
| Article 43 | Secure a living wage, a decent standard of living and social and cultural opportunities for all workers |
| Article 43A | Take steps to secure the participation of workers in the management of industries |
| Article 47 | Raise the level of nutrition and the standard of living of people and to improve public health |
| DPSP – Gandhian Principles | |
| Definition: These principles are based on Gandhian ideology used to represent the programme of reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the state to: | |
| Article 40 | Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government |
| Article 43 | Promote cottage industries on an individual or co-operation basis in rural areas |
| Article 43B | Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies |
| Article 46 | Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation |
| 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 |
| DPSP – Liberal-Intellectual Principles | |
| Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to: | |
| 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. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made elementary education a fundamental right under Article 21 A.) |
| Article 48 | Organise agriculture and animal husbandry on modern and scientific lines |
| Article 49 | Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance
|
| Article 50 | Separate the judiciary from the executive in the public services of the State |
| Article 51 |
|
What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles in the list:
| S.No | Article | New DPSPs |
| 1 | Article 39 | To secure opportunities for the healthy development of children |
| 2 | Article 39A | To promote equal justice and to provide free legal aid to the poor |
| 3 | Article 43A | To take steps to secure the participation of workers in the management of industries |
| 4 | Article 48A | To protect and improve the environment and to safeguard forests and wildlife |
Facts about Directive Principles of State Policy:
-
- Article 39A: To provide free legal aid to the poor.
- Article 43A: Participation of workers in management of Industries.K1M
- Article 48A: To protect and improve the environment.
- 44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which declares that; “The State in particular shall strive to minimise economic inequalities in income and eliminate inequalities in status, facilities and opportunities not amongst individuals but also amongst groups”.
- It also eliminated the Right to Property from the list of Fundamental Rights.
- 86th Amendment Act of 2002: It changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.
Conflicts Between Fundamental Rights and DPSP: Associated Cases
As a point of debate, the following reasons are stated for the criticism of Directive Principles of State Policy:
- It has no legal force
- It is illogically arranged
- It is conservative in nature
- It may produce constitutional conflict between centre and state
What is the conflict between Fundamental Rights and DPSPs?
With the help of four court cases given below, candidates can understand the relationship between Fundamental Rights and Directive Principles of State Policy:
Champakam Dorairajan Vs the State of Madras (1951):
Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs, the provisions of the former would prevail. DPSPs were regarded to run as a subsidiary to Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through constitutional amendment act to implement DPSPs.
Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the Directives.
Golaknath Vs the State of Punjab (1967):
Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive Principles of State Policy.
Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring that it has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two provisions:
- No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b)22 and (c)23 shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly, movement, etc) or Article 31 (right to property).
- No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.
Kesavananda Bharati Vs the State of Kerala (1973):
Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of Article 31C constitutional and valid.
Result: Through the 42nd amendment act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.
Minerva Mills Vs the Union of India (1980):
Supreme Court held the extension of Article 31C made by the 42nd amendment act unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.’
Supreme Court’s rulings following the case were:
- Fundamental Rights and DPSPs constitute the core of the commitment to social revolution.
- The harmony and balance between Fundamental Rights and Directive Principles of State Policy is an essential feature of the basic structure of the Constitution.
- The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights.
Implementation of DPSP: Associated Acts and Amendments
- Land Reforms: Almost all the states have passed land reform laws to bring changes in the agrarian society and to improve the conditions of the rural masses. These measures include:
- Abolition of intermediaries like zamindars, jagirdars, inamdars, etc
- Tenancy reforms like security of tenure, fair rents, etc
- Imposition of ceilings on land holdings
- Distribution of surplus land among the landless labourers
- Cooperative farming
- Labour Reforms: The following acts were enacted to protect the interests of the Labour section of the society.
- The Minimum Wages Act (1948), Code on Wages, 2020
- The Contract Labour Regulation and Abolition Act (1970)
- The Child Labour Prohibition and Regulation Act (1986)
- Renamed as the Child and Adolescent Labour Prohibition and Regulation Act, 1986 in 2016.
- The Bonded Labour System Abolition Act (1976)
- The Mines and Minerals (Development and Regulation) Act, 1957
- The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have been made to protect the interests of women workers.
- Panchayati Raj System: Through 73rd Constitutional Amendment Act, 1992, government fulfilled constitutional obligation stated in Article 40.
- Three tier ‘Panchayati Raj System’ was introduced at the Village, Block and District level in almost all parts of the country.
- Cottage Industries: To promote cottage industries as per Article 43, the government has established several Boards such as Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, Coir Board, etc., which provide essential help to cottage industries in finance and marketing.
- Education: Government has implemented provisions related to free and compulsory education as provided in Article 45.
- Introduced by the 86th Constitutional Amendment and subsequently passed the Rights to Education Act 2009, Elementary Education has been accepted as Fundamental Right of each child between the 6 to 14 years of age.
- Rural Area Development: Programmes such as the Community Development Programme (1952), Integrated Rural Development Programme (1978-79) and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-2006) were launched to raise the standard of living particularly in rural areas, as stated in the Article 47 of the Constitution.
- Health: Central Government sponsored schemes like Pradhan Mantri Gram Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM) are being implemented to fulfill the social sector responsibility of the Indian State.
- Environment: The Wildlife (Protection) Act, 1972, the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986 have been enacted to safeguard the wildlife and the forests respectively.
- The Water and Air Pollution Control Acts have provided for the establishment of the Central Pollution Control Board.
- Heritage Preservation: The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958) has been enacted to protect the monuments, places and objects of national importance.
Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive Principles can be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.