DPSP (Directive principles of state policy )
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.
• Borrowed from Ireland – Irish constitution
• Part IV of the Constitution of India (Article 36–51)
• Enshrines Socio-economic democracy
• They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
• Not legally enforceable by the courts for their violation
• The concept behind the DPSP is to create a ‘Welfare State’.
Features of DPSP:
• DPSP are not enforceable in a court of law.
• They were made non-justifiable considering that the State may not have enough resources to implement all of them or it may even come up with some better and progressive laws.
• It consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country. • The DPSPs are like a collection of instructions and directions, which were issued under the Government of India Act, 1935, to the Governors of the colonies of India.
• It constitutes a very comprehensive economic, social and political guidelines or principles and tips for a modern democratic State that aimed towards inculcating the ideals of justice, liberty, equality and fraternity as given in the preamble. The Preamble consists of all the objectives that needs to be achieved through the Constitution.
• Adding DPSP was all about creating a “welfare state” which works for the individuals of the country which was absent during the colonial era.
Classification of DPSP’s
Directive Principles are not classified in constitution as per their underlying philosophies. However, they can be classified into – socialistic, Gandhian and liberal-intellectual.
Socialistic principle
Article 38: Promoting welfare of the society by securing a social order permeated by justice
Article 39: To secure
• Right of adequate means of livelihood
• Equitable distribution of material resources of the community for the common good
• Prevention of concentration of wealth and means of production • Equal pay for equal work for men and women
• Preservation of health and strength of workers and children against forcible abuse
• Opportunities for healthy development of the child
Article 39A: To promote equal justice and to provide free legal aid to the poor
Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement
Article 42: Make provisions for just and humane conditions for work and maternity relief
Article 43: To secure a living wage, a decent standard of life and social and cultural opportunities for all workers
Article 43A: Steps to secure 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
Gandhian principle
Article 40: To organize village panchayats and endow them with necessary powers Article 43: To promote cottage industries on an individual and cooperative basis
Article 43B: To promote functioning of cooperative societies
Article 46: To promote educational and economic interests of SCs, STs and other weaker sections
Article 47: To prohibit the consumption of intoxicating drinks and drugs
Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
Liberal-intellectual principle
Article 44: To secure a uniform civil code for all
Article 45: To provide early childhood care until 6 years of age
Article 48: To organize agriculture and animal husbandry on modern scientific lines
Article 48A: To protect and improve the environment and to safeguard forests and wildlife
Article 49: To protect monuments, places and objects of artistic or historic interest Article 50: To separate judiciary from the executive
Article 51: To promote international peace and security
DPSP and amendments
42nd Constitutional Amendment, 1976
Added four new DPSP
Article 39: To secure opportunities for healthy development of children 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
Article 38: to minimize inequalities in income, status, facilities and opportunities 86th Amendment Act of 2002
changed the subject-matter and made elementary education a fundamental right under Article 21A. The amendment directed state to provide early childhood care until the completion of six years
| 97th amendment act of 2011 |
Article 43B: cooperative societies
DPSPs were made non-justiciable because of following Reasons:
• Country did not possess sufficient financial powers to implement them all
• Diversity could stand in the way of their implementation • The newly independent state should be free to decide their implementation as the per the state of society rather than a blanket imposition by constituent assembly
Criticism of DPSP
• No legal force: They were described as ‘pious superfluities’ and was compared to a blank cheque, new year’s resolutions, manifestation of aims and aspirations
• Illogically arranged: DPSP have been criticized for being arranged in an illogical manner and without any consistent philosophy
• Conservative and orthodox: Some provisions are outdated and are not consistent with 21st century philosophies. Ex: Banning intoxicating drinks • Might lead to confusion and conflicts
• Can cause conflicts between centre and states during implementation of DPSP
• Constitutional cases were high during the initial stages concerning the conflicts between FRs and DPSP
Conflicts between President and the cabinet, centre and state could also occur. Ex: States could be dismissed in case of non-compliance; the President might not give assent if laws made to give effect to DPSP are violative of FRs
The conflict between FR and DPSP arises primarily because of justiciablity of one and the lack of the same. The Supreme Court’s jurisprudence has developed in the following ways:
- Champakam Dorairajan case: Fundamental Rights would prevail over the DPSP in case of conflict between the two. However, legislature can amend FR to give effect to DPSP
- Golaknath case: FR are sacrosanct in nature and cannot be amended for implementation of DPSP
- Keshavanda Bharati case: Article 31C providing blanket immunity for those laws giving effect to DPSP was deemed null and void.
- Minerva Mills case: Constitution is founded on the bedrock of balance between FR and DPSP
The present position is that FR enjoys supremacy over the DPSP. Yet, this does not mean that DPSP cannot be implemented.