Directive Principles of State Policy- Part IV of the Constitution

Part IV of the Indian Constitution (Articles 36-51) deals with Directive Principles of State Policy. The concept of DPSP was taken from the Irish Constitution. The Government of India Act had some “instruments of Instructions” which became the immediate source of DPSP.

So far, DPSPs have been amended 4 times- 42^nd Constitutional Amendment Act, 1976 (Article 39A, Article 43A and Article 48A added), 44^th Constitutional Amendment Act, 1978 (Inserted Section 2 to Article 38), 86^th Constitutional Amendment Act, 2002 (changed subject matter of Article 45) and 97^th Constitutional Amendment Act, 2011 (added Article 43B)

What are Directive Principles of State Policy (DPSP)?

Article 37 of the Constitution mentions that DPSP are principles that are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. DPSP aim to ensure socioeconomic justice for the people and establish India as a Welfare state.

Are Directive Principles of State Policy (DPSP) enforceable by law?

No, unlike Fundamental Rights, DPSP is not enforceable by law. It is non-justiciable. DPSP and Fundamental rights go hand in hand. Unlike Fundamental rights, their scope is limitless as they consist of all the ideals which the State should follow while formulating policies and laws for the citizens.

Fundamental Rights are the negative obligations on the state as they put limitations on the State while Directive Principles of State Policy are positive directions.

DPSP V/s Fundamental Rights

1. Champakam Dorairajan V/s State of Madras (1951): Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the FRs would prevail.

Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.

2. Golaknath V/s the State of Punjab (1967): Supreme Court ruled that Fundamental Rights could not be amended by the Parliament even for implementation of Directive Principles. It was contradictory to its own judgement in the Shankari Prasad case.

3. Kesavananda Bharati V/s the State of Kerala (1973): Supreme Court overruled Golaknath case verdict and declared that Parliament can amend any part of the Constitution but it cannot alter its “Basic Structure”.

Right to Property (Article 31) was eliminated from the list of Fundamental Rights.

4. Minerva Mills V/s the Union of India (1980): Supreme Court again withheld that Parliament can amend any part of the Constitution but it cannot change the “Basic Structure” of the Constitution.

CLASSIFICATION OF THE DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles are classified on the basis of their ideological source and objectives.

1. Economic and Social Principles

2. Directives Based on Gandhian Principles

3. Directive Principles relating to International Peace

4. Miscellaneous

1. The Economic and Social Principles

Some of these principles are as follows:

(i) The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all institutions of national life (Article 38).

(ii) Articles 39 says that State shall in particular, direct its policies towards securing:

(a) right to an adequate means of livelihood to all the citizens;

(b) the ownership and control of material resources shall be organised in a manner to serve the common good;

(d) equal pay for equal work for both men and women;

(e) the protection of the strength and health of the workers; and

(f) that the childhood and youth are not exploited;

(iii) Article -41- To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.

(iv) Article-42 declares that, the State shall make provisions for securing just and humane conditions of work and for maternity relief.

(v) According to Article-43, the State shall endeavour to secure to all workers a living wage and a decent standard of life, while article 43A says that the State shall take steps to secure the participation of workers in the management of industries

2. Directives Based on Gandhian Principles

(i) State shall take steps to organise village panchayats as units of Self-government (Article-40)

(ii) The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas, (Article-43)

Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.

(iii) Article-45 provides for free and compulsory education to all children till the age of 14 years. This original provision was amended by 86^th Constitutional Amendment Act 2002, it now declares that the State shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.

(iv) Article-46 lays down that the State shall promote educational and economic interests of the weaker sections of the people particularly that of the Scheduled Castes (SCs) and Scheduled Tribes (STs) and other weaker sections.

(v) Article-47 states that the State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health.

(vi) Article-48 says that the State shall take steps to prohibit slaughter of cows, calves and other milch and draught cattle.

3. Directive Principles Relating to International Peace and Security

Article 51 declares that to establish international peace and security the State shall endeavour to–

(i) promote international peace and security;

(ii) maintain just and honourable relations with the nations;

(iii) foster respect for international law and treaty obligations; and

(iv) encourage settlement of international disputes by arbitration.

4. Miscellaneous Directive Principles

The fourth category of Directive Principles Contains some general subjects which are sometimes termed as liberal principles. These are as follows;

(i) Article-44: The State shall endeavour to secure for the citizen a uniform civil code through the territory of India.

(ii) Article-48A: Directs the State to protect and improve the environment and to safeguard the forests and wildlife of the country.

(iii) Article-49: State should protect every monument or place of artistic or historic interest.

(iv) Article-50: The State shall take steps to separate judiciary from the executive in the public services of the State.

Directive Principles of State Policy can be made enforceable when a separate law is made by the Parliament to implement those principles. For example- Minimum Wages Act (1948), Child Labour Prohibition and Regulation Act (1986), Bonded Labour System Abolition Act (1976), Maternity Benefit Act (1961), 73^rd and 74^th Constitutional Amendment Act 1992, Right to Education Act 2009, MGNREGA Act 2006, Wildlife Protection Act 1972, Environment Protection Act 1986, Flag code of India 2002, etc.