Discuss The Directive Principles of State Policy in The Indian Constitution

The Directive Principles of State Policy (DPSP) are guidelines or principles given to the central and state governments of India, which they must bear in mind while framing laws and policies. These principles are enshrined in Part IV (Articles 36-51) of the Indian Constitution and are non-justiciable, meaning they are not enforceable by courts. However, they are fundamental in the governance of the country and aim to create a social framework that promotes welfare and justice for all citizens.

The DPSP draw inspiration from the Irish Constitution and are aimed at establishing a welfare state. They reflect the ideals of social justice, economic democracy, and aim to reduce inequalities and promote the well-being of the people.

Objectives of DPSP:

• To establish social and economic democracy.
• To direct the state toward creating a just society where the goals of justice, liberty, equality, and fraternity (enshrined in the Preamble) can be realized.
• To ensure that governance promotes the welfare of all citizens, especially the poor and marginalized.

Features of the Directive Principles:

1. Non-Justiciability:
   • Unlike Fundamental Rights (Part III of the Constitution), DPSPs are not enforceable by any court of law. Citizens cannot claim a legal remedy if these principles are violated or not followed by the government.
   • They are more in the nature of moral obligations for the government to implement in its governance.
2. Fundamental to Governance:
   • DPSPs, though non-enforceable, are fundamental in the governance of the country. They act as guiding principles for the state to formulate policies and laws in line with the welfare of the people.
   • The Supreme Court and High Courts can consider these principles while interpreting laws or resolving conflicts, even though the principles themselves are not legally binding.
3. Complementary to Fundamental Rights:
   • The DPSPs complement the Fundamental Rights by emphasizing socio-economic rights and justice, whereas Fundamental Rights emphasize civil and political rights.
   • The DPSPs strive to ensure that economic and social justice reaches the weaker sections of society, thereby creating conditions for the effective enjoyment of Fundamental Rights.

Classification of the Directive Principles:

The Directive Principles can be broadly classified into three categories based on their content and objectives:

1. Socialistic Principles

These principles aim to promote social and economic justice and provide the basis for the establishment of a welfare state. They focus on reducing inequalities in income and wealth and securing the well-being of all citizens.

• Article 38: The state shall strive to promote the welfare of the people by securing a social order in which justice—social, economic, and political—shall inform all institutions of national life.
• Article 39: The state shall direct its policy toward securing:
  • Adequate means of livelihood for all citizens.
  • Equal pay for equal work for both men and women.
  • Prevention of the concentration of wealth and means of production.
  • Right to work, education, and public assistance in case of unemployment, old age, sickness, etc.
• Article 41: The state shall make effective provision for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
• Article 42: The state shall make provisions for just and humane conditions of work and maternity relief.
• Article 43: The state shall endeavor to secure, by suitable legislation, a living wage, and decent conditions of work for workers.

2. Gandhian Principles

These principles reflect the ideals and philosophy of Mahatma Gandhi, emphasizing rural development, decentralization, and the upliftment of weaker sections of society.

• Article 40: The state shall take steps to organize village panchayats and endow them with powers to enable them to function as units of self-government.
• Article 43: The state shall endeavor to promote cottage industries in rural areas.
• Article 46: The state shall promote the educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of society and protect them from social injustice and exploitation.
• Article 47: The state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as its primary duty.

3. Liberal-Intellectual Principles

These principles reflect liberal democratic values and focus on individual freedoms, legal and administrative reforms, and international peace and security.

• Article 44: The state shall endeavor to secure for all citizens a Uniform Civil Code throughout the territory of India.
• Article 45: The state shall provide early childhood care and education for all children until they complete 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 safeguard the forests and wildlife of the country.
• Article 49: The state shall protect every monument or place or object of artistic or historic interest.
• Article 50: The state shall take steps to separate the judiciary from the executive in public services.
• Article 51: The state shall promote international peace and security and maintain just and honorable relations between nations.

Importance of Directive Principles:

1. Foundation for a Welfare State:
   • The DPSPs reflect the socialist and welfare-oriented philosophy of the Constitution, aiming to create a just and equitable society by promoting the well-being of all citizens, especially the poor, marginalized, and weaker sections.
2. Complementary to Fundamental Rights:
   • Fundamental Rights primarily ensure individual freedoms, while DPSPs aim to create conditions under which these rights can be effectively enjoyed by ensuring social and economic justice.
3. Policy Guidance:
   • DPSPs act as guiding principles for the central and state governments in India. They direct government policies towards ensuring social justice, equitable distribution of resources, and promoting the welfare of society at large.
4. Promotes Economic and Social Justice:
   • Articles related to equal pay for equal work, the right to work, living wages, and improvement of public health aim to reduce inequalities in society and promote economic justice.

Conflict Between DPSPs and Fundamental Rights:

Since the DPSPs are not enforceable by law and the Fundamental Rights are justiciable, there has sometimes been a conflict between the two. The Supreme Court of India has addressed this issue in several landmark cases:

1. Champakam Dorairajan Case (1951):
   • The Supreme Court ruled that Fundamental Rights take precedence over the DPSPs. If there is a conflict between the two, Fundamental Rights will prevail.
2. Golaknath Case (1967):
   • The Supreme Court reiterated that Parliament cannot amend Fundamental Rights to implement DPSPs.
3. Kesavananda Bharati Case (1973):
   • The Supreme Court introduced the concept of the Basic Structure Doctrine, stating that while the DPSPs are essential, they cannot override the basic structure of the Constitution, which includes the protection of Fundamental Rights.
   • However, the Court also recognized that Parliament can amend the Constitution to implement DPSPs as long as the basic structure of the Constitution is not violated.
4. Minerva Mills Case (1980):
   • The Supreme Court held that harmony and balance between Fundamental Rights and DPSPs is an essential feature of the basic structure of the Constitution. The government cannot give absolute primacy to either.

Implementation of DPSPs:

Over the years, various governments have sought to implement many DPSPs through legislation and policy initiatives:

• Land Reforms: Several land reform acts were passed to abolish the zamindari system and redistribute land to the landless.
• Panchayati Raj: The 73rd Constitutional Amendment Act, 1992, gave constitutional status to Panchayats, implementing Article 40 (village panchayats).
• Right to Education: Article 45 was implemented by the 86th Constitutional Amendment Act, 2002, which made free and compulsory education a Fundamental Right under Article 21A.
• Maternity Relief: Laws such as the Maternity Benefit Act, 1961, were enacted to fulfill the directive under Article 42.
• Environmental Protection: Article 48A has led to the enactment of laws for environmental protection like the Environment (Protection) Act, 1986.

Conclusion:

The Directive Principles of State Policy are a crucial part of the Indian Constitution as they reflect the nation’s aspirations and provide a framework for creating a welfare state. Although they are non-justiciable, they have significantly influenced the policies and laws formulated by various governments. By emphasizing the need for social and economic justice, they complement the Fundamental Rights, ensuring that the Constitution works toward inclusive growth and the overall well-being of society. The DPSPs remain an important tool for achieving social equality, economic justice, and political democracy in India.