DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs)

Borrowed from the Irish Constitution, Directive Principles of State Policy are enshrined in Part IV of the Indian Constitution from Articles 36 to 51. These principles act as a guide or instructions to the government while making laws. They are fundamental in governance of the country and direct the path towards a welfare state.

What are these Principles?
How are they classified?
How are they enforced?
Why do we need them?
Do they suplement or contradict Fundamental Rights?
And, are they perfect?

Let's see.

WHAT ARE THE DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs)?

As mentioned, these directives are the guidelines for the State to be kept in view while framing laws. They are the goals of the government to be fulfilled over a period of time for the welfare of the people. While the Fundamental Rights enshrined in Part III of the Constitution help in achieving political democracy, DPSPs help in achieving social and economic democracy. Together they help in achieving "JUSTICE social, economic and political;" enshrined in the Preamble of the Indian Constitution.

3 BROAD CATEGORIES OF DPSPs

The DPSPs are categorized into 3 broad categories:-

Socialistic Principles
Gandhian Principles
Liberal-Intellectual Principles

The following are the Articles 36 to 51 of Part IV of the Constituition:

Article 36:- DEFINITION

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.

This means that “the State” includes

the Government and Parliament of India
the Government and the Legislature of each of the States
and all local or other authorities within the territory of India or under the control of the Government of India.

Article 37:- APPLICATION OF THE PRINCIPLES CONTAINED IN THIS PART

The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

So Then, HOW ARE THE DPSPs ENFORCED?

Article 37 makes it clear that DPSPs are non-justiciable and non-enforceable. It means that no law can be declared unconstituitional on the grounds of it being inconsistent with the DPSPs nor can the judiciary compel the state to implement it.

Now, you may wonder why is it non-justiciable? And why has the legislature been given the freedom to implement it at its own will?

Well, there are several reasons for this.

Firstly, the country did not have sufficient financial resources to implement them at the time of framing the Constitution

Secondly, the presence of vast diversity and backwardness in the country would stand in the way of its implementation.

And third was that the newly born independent Indian state with its many pre-occupation might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.

Therefore, the Constitution makers, taking a pragmatic view, believed in the awakened public opinion rather than court procedures as a sanction for fulfillment of these principles.

Hence, the real force behind them is the public opinion, which makes the government answerable to its people during the election time.

SOCIALISTIC PRINCIPLES

This category of principles reflect the ideology of socialism. They promote social and economic justice by directing the State authorities to distribute wealth equitably and remove inequality. It sets the path towards a "welfare state" wherein the government formulates policies for the welfare of its citizens.

The socialistic principles are:-

Article 38:- STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF THE WELFARE OF THE PEOPLE

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Article 39: CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY THE STATE

The State shall, in particular, direct its policy towards securing –

(a) that the citizen, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

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

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Article 39A: EQUAL JUSTICE AND FREE LEGAL AID

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Article 41: RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN CERTAIN CASES

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Article 42: PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY RELIEF

The State shall make provision for securing just and humane conditions of work and for maternity relief.

Article 43: LIVING WAGE, ETC., FOR WORKERS

The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43A: PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIES

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisation engaged in any industry.

Article 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND THE STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH

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 among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

GANDHIAN PRINCIPLES

These principles reflect upon the vision of reconstruction of the Indian State as enunciated by Mahatma Gandhi.

These include promoting self government, cottage industries and cooperative societies. Gandhiji believed that smaller, self governing units such as village panchayats would result in true democracy at grassroot levels, allowing each individual at the lowest levels to participate in decision making; and making each village self sufficient, just like the way it was before the British Raj.

Gandhian principles also include prohibition of cow slaughter and consumption of intoxicating drinks and drugs, which he advised people during his speeches,

The Gandhian principles are:-

Article 40: ORGANISATION OF VILLAGE PANCHAYATS

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Article 43: LIVING WAGE, ETC., FOR WORKERS

The State shall endeavor to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Article 46: PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS OF SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER WEAKER SECTIONS

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

Article 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND THE STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH

Article 48: ORGANIZATION OF AGRICULTURE AND ANIMAL HUSBANDRY

The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

LIBERAL-INTELLECTUAL PRINCIPLES

This category of principles represent the ideology of liberalism. The prime objective of a liberal government is to remove obstacles that prevent individuals from living freely or from fully recognizing their potential. Such obstacles include poverty, disease, dicrimination and ignorance.

The liberal-intellectual principles are:-

Article 44: UNIFORM CIVIL CODE FOR THE CITIZEN

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Article 45: PROVISION FOR FREE AND COMPULSORY EDUCATION FOR CHILDREN

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

ARTICLE 48: ORGANIZATION OF AGRICULTURE AND ANIMAL HUSBANDRY

The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A: PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND SAFEGUARDING OF FORESTS AND WILDLIFE

The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

Article 49: PROTECTION OF MONUMENTS AND PLACES AND OBJECTS OF NATIONAL IMPORTANCE

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

ARTICLE 50: SEPARATION OF JUDICIARY FROM THE EXECUTIVE

The State shall take steps to separate the judiciary from the executive in the public services of the State.

ARTICLE 51: PROMOTION OF INTERNATIONAL PEACE AND SECURITY

The State shall endeavour to –

(a) promote international peace and security;

(b) maintain just and honourable relations between nations;

(c) foster respect for international law and treaty obligations in the dealings of organised people with one another; and

(d) encourage settlement of international disputes by arbitration.

UNIFORM CIVIL CODE

One such directive which falls under the liberal-intellectual category is the Uniform Civil Code. It aims to bring a single law applicable to all religious communities in India in personal matters such as marriage, divorce, inheritence, etc. At present there are seperate personal laws for different religious communities in India.

The courts have often said in their judgements that the government should move towards a Uniform Civil Code because it would not only bring uniformity in personal laws and simplify them but it would also provide protection to the vulnerable sections of the society, promote secularism and national integration as enshrined in the Preamble, and remove gender biases that exist in the Muslim laws, Hindu laws, Christian laws, etc. that have violated the right to equality.

However, Article 25, which is a Fundamental Right, seeks to preserve the freedom to practise and propagate any religion. Implementing the Uniform Civil Code could result in conflict with this Fundamental Right.

DIRECTIVE PRINCIPLES V/S FUNDAMENTAL RIGHTS

This controversy surrounding the implementation of the Uniform Civil Code has exposed the contradiction between Fundament al Right enshrined in Part III and DPSPs enlisted in Part IV of the Constitution.

Which one should be given priority - Fundamental Rights or Directive Principles? For the protection of individual liberty can we sacrifice the overall welfare of the society?

Fundamental Rights deal with areas of individual freedom and the extent to which the State can restrain it and DPSPs deals with the positive duties of the state to attain the ideals of social and economic justice. If Fundamental Rights represent the DON'TS for the government, the DPSPs represent the DO'S. In other words, Fundamental Rights are a "negative obligation" on the State while DPSPs are a "positive obligation" on the State.

But both aim to build an egalitarian and a welfare society. And together they are the "soul of the Constitution". The hopes and aspirations encapsulated in the Constituition would fail if the minimum needs of the citizens are met. Therefore, both, the Fundamental Rights and the Directive Principles should supplement and complement each other. This harmony and balance between the two is an essential feature of the basic sructure of the Constitution. While the Fundamental rights focus on political democracy, the Directive Principles intend to fill the vacuum left in Part III by providing goals for social and economic democracy.

The present position of the court is that the Fundamental Rights enjoy supremacy over the Directive Principles. Yet, this does not mean that these principles cannot be implemented. The Parliament can amend the Fundamental rights for its implementation as long as the amendment does not destroy the basic structure of the Constitution.

CRITICISM

The Directive Principles are not flawless.

Critics have often criticized its non-justiciable character. They have called it no better than a new year's resolution which are broken on the second of January

They have also criticized it as "conservative" and questioned its applicability in the 21st Century.

Plus, they are illogically arranged with no consistent philosophy. It mixes up unimportant issues with important economic and social questions. It combines provisions suggested by science and reason with provisions based purely on sentiment.

CONCLUSION

Inspite of these criticism and shortcomings, DPSPs are fundamental to governance of the country as it intends to create a welfare society. They serve as a crucial test for the performance of the government wherein the people can examine the policies and programmes of the government in light of these principles which are nothing but the manifestation of the aspirations of its citizens.

Watch this video below which summarizes the DPSPs in less than 10 minutes. :)

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