Introduction
- DPSP are enumerated in Part IV of the Indian Constitution (Articles 36 to 51).
- They are borrowed from the Irish Constitution of 1937, which itself copied them from the Spanish Constitution.
- These principles represent the instrument of instructions enumerated in the Government of India Act of 1935.
- They embody the concept of a welfare state and not that of a police state.
- DPSP are non-justiciable in nature, meaning they cannot be enforced by any court. They are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
Features of the Directive Principles
- The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws.
- They embody the concept of a welfare state and not that of a police state.
- The Directive Principles are non-justiciable in nature. The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.
Articles Dealing with Directive Principles
Article 36
- Defines the term 'State' in the same way as Article 12, which includes:
- The Government of India and the Union Parliament.
- The Government of States and their Legislatures.
- All local authorities; and
- Other authorities in India or under the control of the Government of India.
Article 37
- Declares the importance of DPSP.
- States that though DPSPs are not justiciable, they are considered fundamental in the governance of the country and it shall be the duty of the state to include these directives in their policies.
Article 38
- Directs the state to create a social order for the promotion of welfare of the people.
- This social order must provide social, economic and political justice.
- Under the 44th Amendment Clause (2) has been added to Article 38 which directs the state to minimize inequalities in income, to eliminate inequalities in status, facilities and opportunities.
Article 39
- This article is very important, containing a number of directives which go a long way to establish a welfare state in India.
- Provides for adequate means of livelihood for all citizens.
- Equitable distribution of material resources of the community to serve the common good.
- Prevention of concentration of wealth and means of production to the common detriment.
- Equal pay for equal work for both men and women.
- Protection of the health and strength of workers and children against forced abuse and exploitation.
- 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 moral and material abandonment (added by 42nd Amendment, 1976).
- Value Addition: This article broadly covers socialistic principles.
Article 39A
- Added to the Constitution by 42nd Amendment 1976. This article requires the state to provide for equal justice and free legal aid.
- Value Addition: This aims to ensure that no citizen is denied justice by reason of economic or other disabilities.
Article 40
- Directs the state to organize village panchayats and confer adequate powers to them so that they can function as units of self-government.
- Accordingly, the Parliament has passed the 73rd Amendment of 1992 which has introduced Panchayats in Part IX in the Constitution.
- Value Addition: Reflects Gandhian principles and the importance of decentralization and local self-governance.
Article 41
- Under this Article, the state is directed to provide right to work, to education and to public assistance subject to its economic capacity.
- Value Addition: This covers cases of unemployment, old age, sickness and disablement.
Article 42
- Under this article, the state shall make provision for securing just and humane conditions of work and maternity relief.
- The state has enacted laws such as the Industrial Disputes Act, Minimum Wages Act, Maternity Benefit Act, etc., to implement this article.
Article 43
- This article directs the state to make efforts to secure living wages and organize cottage industries in rural areas.
- Value Addition: Promotes decent standard of life and industrial democracy.
Article 44
- This article deals with the implementation of a Uniform Civil Code for the citizens throughout India.
- The state is supposed to take steps to establish a Uniform Civil Code for all the citizens irrespective of caste, creed or religion.
- Value Addition: This is a highly debated and significant article, aiming for secularism and equality in personal laws.
Article 45
- Provision for free and compulsory education for children till the age of 14 years.
- However, this article has been amended by 86th Amendment Act, 2002 which has inserted Article 21A in the Constitution making right to education a fundamental right for all children between 6-14 years of age.
- Now, Article 45 directs the state to make provisions for early childhood care and education for all children till the age of 6 years.
- Value Addition: This amendment made elementary education a fundamental right, strengthening its importance.
Article 46
- It seeks to protect the educational and economic interests of SCs/STs and other weaker sections.
- A number of educational facilities have been extended to SCs/STs in pursuance of this article.
Article 47
- The state has been directed by this article to raise the level of nutrition and the standard of living and to improve public health.
- This also includes prohibition of liquor and intoxicating drugs.
- Value Addition: Reflects Gandhian principles and focuses on public health and welfare.
Article 48
- Organization of agriculture and animal husbandry on modern and scientific lines.
- This article also includes prohibition of the slaughter of cows, calves and other milch and draught cattle.
- Value Addition: Promotes sustainable agriculture and animal welfare.
Article 48-A
- Added by 42nd Amendment, 1976.
- This article enjoins on the state task of protecting and improving environment, forests and wild life.
- A number of acts relating to protecting the environment, forests and wild life have been enacted.
- Value Addition: Emphasizes environmental protection, a crucial aspect of modern governance.
Article 49
- This article obligates the state to protect monuments and places of national importance.
- Value Addition: Preserves cultural heritage.
Article 50
- Separation of judiciary from the executive in the public services of the state.
- Value Addition: Essential for maintaining the independence of the judiciary and upholding the rule of law.
Article 51
- To promote international peace and security and maintain just and honourable relations between nations.
- To foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration.
- Value Addition: Reflects India's commitment to global peace and cooperation.
Amendments to Directive Principles
1. 42nd Constitutional Amendment Act, 1976
- Article 39A: To promote equal justice and to provide free legal aid to the poor.
- Article 43A: To secure the participation of workers in the management of industries.
- Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
2. 44th Constitutional Amendment Act, 1978
- Article 38 (2): To minimise inequalities in income, status, facilities and opportunities.
3. 86th Constitutional Amendment Act, 2002
- This amendment changed the subject matter of Article 45, and made elementary education a fundamental right under Article 21A.
- Article 45: To provide early childhood care and education for all children until they complete the age of 6 years.
4. 97th Constitutional Amendment Act, 2011
- Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
Classification of DPSP (Not explicitly mentioned in the text, but a common classification for study)
For better understanding, the DPSP can be broadly classified into three categories:
- Socialistic Principles: Aim at providing social and economic justice and paving the way for a welfare state. (e.g., Articles 38, 39, 39A, 41, 42, 43, 43A, 47)
- Gandhian Principles: Based on the ideological programme enunciated by Mahatma Gandhi. (e.g., Articles 40, 43, 46, 47, 48)
- Liberal-Intellectual Principles: Aim at establishing a liberal democratic order. (e.g., Articles 44, 45, 48A, 49, 50, 51)
Distinction between Fundamental Rights (FRs) and DPSP
- Nature: FRs are negative obligations on the state (prohibit the state from doing certain things), while DPSPs are positive obligations (require the state to do certain things).
- Justiciability: FRs are justiciable (enforceable by courts), while DPSPs are non-justiciable.
- Purpose: FRs establish political democracy, while DPSPs aim for social and economic democracy.
- Supremacy: FRs generally hold supremacy over DPSPs, but the Supreme Court has evolved the doctrine of 'harmonious construction' to balance them. The Minerva Mills case (1980) held that the Fundamental Rights and the DPSP together constitute the core of the commitment to social revolution and they are the conscience of the Constitution.
Significance of DPSP
- They serve as a guide to the government (both Centre and States) in making laws and policies.
- They uphold the welfare state concept.
- They serve as a yardstick for judging the performance of the government.
- They are supplementary to the Fundamental Rights.
- They play a crucial role in judicial review of laws.
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