Directive Principles of State Policy

• The Directive Principles of State Policy serve as broad guidelines for the state, expecting their integration into policy formation and legislation. They constitute essential laws governing the state. 

Introduction 

• The Directive Principles of State Policy (DPSP) form the foundation of governance, establishing a code of conduct for the country's administrators. 
• The inclusion of policy directive elements in the Constitution of India aims to provide a democratic structure to state governance. 
• Key components of these directive elements include: 
  • Societal goods and objectives accepted by citizens. 
  • Citizens' rights in addition to Fundamental Rights. 
  • Governmental policies to be adhered to. 

Constitutional Provisions 

• The Directive Principles of State Policy are outlined in Part IV of the Constitution, spanning Articles 36 to 51. 
• Dr. BR Ambedkar likened the Directive Principles to the Instrument of Instructions in the Government of India Act of 1935.  
• They function similarly to the instructions issued to the Governor-General and Governors of Indian colonies by the British Government under the 1935 Act. 

Features of Directive Principles 

• The primary aim of these directive principles is to establish a welfare state and foster economic and social democracy. 
• The Directive Principles seek to institute economic, social, and political democracy, as outlined in the Constitution, guiding the state in achieving this objective. 
• Directive Principles of State Policy function akin to an Instrument of Instructions or general recommendations addressed to all authorities in the Indian Union. 
• They have served as guiding lights for courts in exercising their power of judicial review and determining the constitutional validity of laws. 
• They amplify the Preamble, which solemnly resolves to secure justice, liberty, equality, and fraternity for all citizens of India. 
• They complement Fundamental Rights by providing social and economic rights, asserting that political democracy without economic democracy is devoid of meaning. They act as a critical benchmark for assessing government performance. 

Views about DPSP 

Nature of Directive Principles

• Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Constitution, from Articles 36 to 51. 
• The framers of the Constitution adopted this innovative feature from the Constitution of Ireland, marking it as a novel aspect in constitutional governance globally, aligning with the growing acceptance of the Welfare State. 

Personalities' Views

• KC Hi suggests that Directive Principles promote conflicts in Parliament and Judiciary. 
• Ivor Jennings characterizes Directive Principles as Virtuous moral aspirations and Fabian socialism. 
•  Dr. BR Ambedkar states that Directive Principles establish economic democracy. 
• Austin emphasizes that Directive Principles and Fundamental Rights are the basic soul of the Constitution. 
• While non-justiciable in nature, Directive Principles impose a moral obligation on the state authorities for their application, even if the resources are currently unavailable. 

Classification of Directive Principles 

• Article 36 directs the state to secure and protect a social order that prioritizes the welfare of the people 
• Article 37 specifies that Directive Principles are non-justiciable but fundamental to the governance of the country, and it is the duty of the state to apply them in making laws. 
• The Directive Principles are intended to be fundamental principles guiding all executive and legislative actions in the governance of the country. 
• They represent a unique blend of socialist, Gandhian, and Western liberal principles, reflecting the ideals of the Indian freedom movement. 

Socialist Principles 

• These principles outline the framework of a democratic socialist state, aiming to provide social and economic justice and pave the way for a welfare state. 
• According to Article 38, the state shall strive to promote the welfare of the people by establishing a social order where justice—social, economic, and political—informs all national institutions. 
• The state shall work to minimize income inequalities and eliminate disparities in status, facilities, and opportunities among individuals and groups residing in different areas and engaged in various vocations. 
• According to Article 39, the State is directed to formulate policies that ensure: 
  •  Equal right to an adequate means of livelihood for both men and women. 
  •  Equitable distribution of material resources within the community for the common good. 
  •  Prevention of the concentration of wealth and means of production to the detriment of the common good in the economic system. 
  •  Equal pay for equal work for men and women. 
  •  Protection of the health and strength of workers, regardless of gender, and prevention of economic coercion into unsuitable professions. 
  • Provision of opportunities and facilities for the healthy development of children in conditions of freedom and dignity, safeguarding childhood and youth against exploitation, moral and material abandonment. 
  • Article 39(A): To promote equal justice and provide free legal aid to the poor. 
  • Article 41: The State shall, within its economic capacity and development, make effective provisions for the right to work, education, and public assistance in cases of unemployment, old age, sickness, disablement, and other cases of undeserved wants. 
  • Article 42: The State shall make provisions for just and humane conditions of work and maternity relief. 
  • Amendment: The Maternity Benefits Act of 1961 was amended in 2017, extending paid maternity leave for women employees to 26 weeks from 12 weeks. However, for women expecting their second child, the leave duration remains at 12 weeks. 
  • Article 43: To secure a living wage, a decent standard of life, and social and cultural opportunities for all workers. 
  • Article 43(A): The State shall take steps, through suitable legislation or other means, to ensure the participation of workers in the management of undertakings, establishments, or organizations engaged in any industry. 

Gandhian Principles 

• These principles, influenced by Gandhian ideology and the program of reconstruction outlined by Gandhi during the national movement, guide the State in the following ways: 
  • Article 40: The State shall take steps to organize Village Panchayats and empower them to function as units of self-government. 
  • Article 43: The State shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas. 
  • Article 43(B): To promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies. 
  • Article 46 mandates that the state shall, with special care, promote the educational and economic interests of the weaker sections of the population, particularly the Scheduled Castes and the Scheduled Tribes. It also commits to protecting them from social injustice and all forms of exploitation. 
  • Article 1 outlines key directives including the prohibition of toxic drugs and drinks, the promotion of a healthy life for citizens, and the improvement of nutrition and standards of living. 
  • Article 48 focuses on preserving and enhancing breeds while prohibiting the slaughter of cows, calves, and other milch and draught cattle. 

Western Liberal Principles 

• These principles guide the State in the following ways: 
  • Article 44 emphasizes the endeavor to secure a Uniform Civil Code for all citizens throughout the territory of India. Despite efforts like the Hindu Marriage Act and Hindu Succession Act, a comprehensive Uniform Civil Code remains elusive, especially after the government's reluctance following the Shah Bano case. 

Uniform Civil Code 

• Sarla Mudgal v/s Union of India in 1995 and subsequent directives have urged the implementation of a Uniform Civil Code, yet the lack of government determination has limited its application to the state of Goa. 
• Article 45 emphasizes the provision of early childhood care and education for all children until they reach the age of six years. 
• Article 46 focuses on the organization of agriculture and animal husbandry on modern and scientific lines. 
• Article 48(A) underscores the obligation to protect and improve the environment and safeguard the forests and wildlife of the country. 
• Article 49 obligates the State to protect monuments, places, or objects of artistic or historic interest from various forms of harm 
• Article 50 directs the State to take steps to separate the Judiciary from the Executive in the public services of the state. 
• Article 51 emphasizes the promotion of international peace and security, just and honorable relations between nations, respect for international law, and encouragement of settlement of international disputes through arbitration. 

 DPSP Outside Part IV 

• Article 335 considers the claims of SCs and STs in appointments to services and posts while maintaining efficiency of administration. 
• Article 350 A directs every state and local authority to provide adequate facilities for the instruction in the mother tongue at the primary stage to children of linguistic minority areas. 
• Article 351 urges the Union to promote the spread of the Hindi language to serve as a medium of expression for all elements of the composite culture of India. 

Amendments to the Directive Principles 

• Key amendments related to the Directive Principles of State Policy are outlined below: 

42nd Amendment Act, 1976 

•  Article 39 was amended to ensure opportunities for the healthy development of children. 
•  Article 39A was introduced, providing for equal justice and free legal aid to the poor. 
•  Article 43 was amended to make provisions for the participation of workers in the management of industries. 
•  Article 48 was modified to emphasize the protection of the environment and wildlife. 

44th Amendment Act, 1978 

• Article 38(2) was amended, directing the state to strive to minimize inequalities in income and endeavor to eliminate inequalities in status, facilities, and opportunities. 

86th Amendment Act, 2002 

•  This Act brought modifications to the Directive Principles of State Policy. 

•  Article 45 was amended, emphasizing the State's endeavor to provide early childhood care and education for all children until they reach the age of 6 years. 

97th Amendment Act, 2011 

•  Article 43 was amended, stating that the State shall endeavor to promote the voluntary formation and management of cooperative societies. 

Difference between Fundamental Rights and DPSP 

Fundamental Rights

•  Aim at establishing political democracy. 
•  Justifiable and legally enforceable by the courts. 
•  Automatically enforced without legislation. 
• Negative, prohibiting the state from certain actions. 

Directive Principles of State Policy 

• Aim at establishing social and economic democracy. 
• Non-justifiable, not enforceable by the courts for their violation. 
• Require legislation for implementation. 
• Positive, requiring the state to take certain actions. 

Cases Related to Fundamental Rights and DPSP 

Champakam Dorairajan Case (1951) 

• The Supreme Court held that directive principles must conform to and run as subsidiary to Fundamental Rights. In case of conflict, Fundamental Rights will prevail. 

Golaknath's Case (1967) 

•  The Supreme Court emphasized the amendability of Fundamental Rights, giving them a transcendental position. 

24th Constitution Amendment Act (1971) 

•  Clarified Parliament's power to amend any provision of the Constitution, including Fundamental Rights. 

KesaVananda Bharati Case (1973) 

• Overruled Golak Nath's case, affirming the power of judicial review for laws giving effect to Directives. 

42nd Amendment Act, 1976 

•  During the Emergency, this amendment provided for the implementation of Directives, excluding Article 39 (b) and (c). 

Minerva Mills Case (1980) 

• The Supreme Court declared that a balance between Fundamental Rights and Directives is a basic feature of the Constitution, rejecting the view of giving precedence to all Directives over Fundamental Rights. 

Implementation of DPSP 

• Since the commencement of the Constitution, various legislations have been enacted to implement the Directive Principles of State Policy. 
• Land reform laws have been passed by most states to bring changes in agrarian society and improve conditions for rural masses. 
• Legislation such as the Agriculture Ceiling Act was enacted to give effect to Article 39. 
• Acts like the Minimum Wages Act (1948), Child Labour Prohibition and Regulation Act (1986), Maternity Benefit Act (1961), and Equal Remuneration Act (1976) were implemented to protect the interests of labor and women workers, in line with Articles 41, 42, and 43A. 
•  The 73rd Constitutional Amendment Act of 1992 addressed the constitutional obligation outlined in Article 40 by establishing the Panchayati Raj System to promote decentralized governance. 
• In promoting cottage industries, the government, in accordance with Article 43, has established bodies like the Village Industries Board and Khadi and Village Industries Commission, providing vital support in finance and marketing. 
• The implementation of provisions related to free and compulsory education, as stipulated in Article 45, was reinforced by the 86th Constitutional Amendment Act of 2002. 
• Various programs such as the Rural Area Development Programme (1952), Integrated Rural Development Programme (1978-79), and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-2006) were initiated to elevate living standards, particularly in rural areas, aligning with the goals of Article 47. 
• Central Government-sponsored schemes like Pradhan Mantri Gram Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM) are actively implemented to fulfill the social sector responsibilities of the Indian State. 
•  Acts such as the Wildlife (Protection) Act of 1972, the Forest (Conservation) Act of 1980, and the Environment (Protection) Act of 1986 were enacted to safeguard wildlife and forests, aligning with the directives under Article 48(A). 
• India's commitment to a peaceful and just world order is evident through its involvement in UN peacekeeping operations, its pioneering role in the Non-Aligned Movement, and other diplomatic initiatives. Article 51 
• Reservation of one-third of seats for women in Panchayats and Municipalities was introduced through the 73rd and 74th Amendment Acts. Despite the steps taken by both Central and State Governments, the full and effective implementation of Directive Principles faces challenges due to factors like inadequate financial resources, unfavorable socio-economic conditions, population explosion, and strained Centre-State relations.
  

The criticism of Directive Principles 

• The criticism of Directive Principles revolves around their non-enforceability in court, leading to disputes between the legislature and the judiciary.  
• The inability to implement a Uniform Civil Code is also noted. 
• Various experts, including KT Shah, TT Krishnamachari, and N Srinivasan, have criticized the Directive Principles, comparing them to a cheque paid at the bank's convenience, describing them as permanent dustbins of emotion, and highlighting irrational and unfair classification.