Directive Principles of State Policy – DPSP

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• Articles 36 to 51, Part IV
• Directive principles of state policy was borrowed from the Irish Constitution of 1937.
• Irish Constitution had copied it from the Spanish Constitution.
• Dr. B R Ambedkar described DPSP as ‘novel features’ of the Indian Constitution.
• The DPSP with the FRs contain the philosophy and soul of the Constitution.
• Granville Austin has described the DPSP and the FRs as the ‘Conscience of the Constitution’.

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Features of Directive Principles of State Policy

• According to Article 37, ‘Directive Principles of State Policy’ denotes the guidelines for the State to formulate policies and laws.
• DPSPs are the constitutional instructions to the State in the matters of
  • Legislative
  • Executive
  • Administrative
• According to Article 36, the term ‘State’ in Part IV has the same meaning as in Part III, Fundamental Rights.
• The term ‘State’ includes
  • Legislative and executive organs of the central and state governments
  • All local authorities
  • Public authorities in the country
• The DPSP followed the idea of the ‘Instrument of Instructions’ of the Government of India Act of 1935.
• The DPSPs constitute a very comprehensive economic, social and political program for a modern democratic State.
• Directive Principles of State Policy embody the concept of a ‘welfare state’ and not that of a ‘police state’.
• DPSP seeks to establish economic and social democracy in the country.
• Sir B N Rau, the Constitutional Adviser to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories justiciable and non-justiciable.
• It was accepted by the Drafting Committee.
• The Directive Principles of State Policy are non-justiciable in nature.
• But Court can use DPSPs to examine the constitutional validity of a law.

Classification of DPSPs

• The Constitution does not contain any classification of Directive Principles.
• Basis of their content and direction, they can be classified into 3 broad categories
  • Socialistic Principles
  • Gandhian Principles
  • Liberal–intellectual Principles

Socialistic Principles

• These types of Directive Principles of State Policy reflect the ideology of socialism.
• They aim at providing social and economic justice and set the path toward a welfare state.
• Article 38 promotes the welfare of the people by
  • Securing a social order by justice – social, economic, and political
  • Minimizing inequalities in income, status, facilities, and opportunities
• Article 39 secure
  • Adequate means of livelihood for all citizens
  • Equitable distribution of resources for the common good
  • Prevention of concentration of wealth and means of production
  • Equal pay for equal work
  • Preservation of the health and strength of workers and children against forcible abuse
  • Opportunities for the healthy development of children
• Article 39A promotes equal justice and free legal aid.
  
  • It was inserted by the 42 Amendment Act, 1976.
• Article 41 secure
  • Right to work
  • Right to education
  • Public assistance in cases of
    • Unemployment
    • Old age
    • Sickness
    • Disablement
• Article 42 provides just and humane conditions of work and maternity relief.
• Article 43 secures a living wage, a decent standard of living, and social and cultural opportunities for all workers.
• Article 43A secures the participation of workers in the management of industries.
• Article 47 raises the level of nutrition, the standard of living, and the health condition of people.

Gandhian Principles

• These types of Directive Principles of State Policy are based on Gandhian ideology.
• To fulfill the dreams of Gandhi, some of his ideas were included as Directive Principles.
• Article 40 directs to organize village panchayats and enables them to work as self-government.
• Article 43 promotes 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 directs for the educational and economic interests of SCs, STs, and other weaker sections.
• Article 47 promotes prohibits the consumption of intoxicating drinks and drugs which are injurious to health.
• Article 48 directs to prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.

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Liberal–Intellectual Principles

• These principles represent the ideology of liberalism.
• Article 44 directs to secure for all citizens a uniform civil code throughout the country.
• Article 45 promotes providing early childhood care and education for all until the age of 6 years.
• Article 48 promotes agriculture and animal husbandry on modern and scientific lines.
• Article 48A directs to protect and improve the environment and safeguard forests and wildlife.
• Article 49 promotes to the protection of monuments, places, and objects of national importance.
• Article 50 directs to separate the judiciary from the executive in the public services of the State.
• Article 51 promotes international peace, security, good relations, and respect for international law and treaties.

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New Directive Principles

• 42nd Amendment Act of 1976 added four new Directive Principles to the original list.
  • Article 39 to secure opportunities for the healthy development of children.
  • Article 39A promotes equal justice and provides free legal aid to the poor.
  • Article 43A protects the participation of workers in the management of Industries.
  • Article 48A protects and improves the environment and to safeguard forests and wildlife.
• 44th Amendment Act added one more Directive Principle in Article 38
  • The state should minimize inequalities in income, status, facilities, and opportunities.
• 86th Amendment Act of 2002 changed the subject matter of Article 45
  • The State to provide early childhood care and education for all children until they complete the age of 6 years.
• 97th Amendment Act of 2011 added a new Directive Principle Article 43B, relating to co-operative societies.

Criticism of the Directive Principles

• No Legal Force is applicable to DPSP
• Illogically Arranged
• Conservative
  • According to Sir Ivor Jennings, the Directives are based on the political philosophy of 19th century England.
• Constitutional Conflict
  • Prime Minister gets a bill passed by the Parliament, the president may reject the bill on the ground that, it violates the Directive Principles.
  • The ministry has no right to ignore them.
  • The same constitutional conflict may occur between the governor and the chief minister at the state level.
• According to K T Shah DPSPs are ‘pious superfluities’
• K T Shah compared DPSP with ‘a cheque on a bank, payable only when the resources of the bank permit’.
• Nasiruddin said these principles are ‘no better than the new year’s resolutions, which are broken on the second of January’.
• T T Krishnamachari described DPSP as ‘a veritable dustbin of sentiments’.
• K C Wheare called them a ‘manifesto of aims and aspirations’ and opined that they serve as mere ‘moral homily’.
• Sir Ivor Jennings thought they are only as ‘pious aspirations’.

Utility of Directive Principles

• Stability and continuity in policies
  • DPSPs facilitate stability and continuity in domestic and foreign policies in political, economic, and social spheres
  • Changes in the party in power will not affect those policies.
• Supplementary to Fundamental Rights
  • They are intended to fill in the vacuum in Part III by providing for social and economic rights.
  • Their implementation creates a favorable atmosphere for the full enjoyment of the fundamental rights
  • Because political democracy, without economic democracy, has no meaning.
• Enable opposition to exercise control over Parliament
  • Directive Principles enable the opposition to exercise control over the operations of the government.
  • The Opposition can blame the ruling party on the ground that its activities are opposed to the Directives.
  • They serve as a crucial test for the performance of the government.
• Directive Principles are a common political manifesto for all parties in legislative and executive acts.
• People can examine the policies and programs of the government through DPSP.

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Conflict between Fundamental Rights and Directive Principles

• Champakam Dorairajan case (1951)
  • Supreme Court ruled that in case of any conflict between the FR and the DPSP, the former would prevail.
  • It declared that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights
• Parliament reacted to the Supreme Court’s judgment in the Golaknath Case (1967) by enacting the 24th (1971) and the 25th Amendment Act (1971).
• 24th Amendment Act declared that the Parliament has the power to take away any of the Fundamental Rights.
• In the Kesavananda Bharati case (1973), the Supreme Court declared
  • Judicial review is a basic feature of the Constitution
  • 24th Amendment Act, 2nd provision of Article 31C as unconstitutional and invalid
• However, the above 1st provision of Article 31C was held to be constitutional and valid.

Difference between Fundamental Rights & DPSP

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Directives outside Part IV

• Claims of SCs and STs to Services – Article 335 in Part XVI.
• Instruction in the mother tongue – Article 350-A in Part XVII.
• Development of the Hindi Language – Article 351 in Part XVII.

Video Explanations

• Detailed Classes for DPSP
  • Part 1
  • Part 2

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