What are Directive Principles of State Policy (DPSPs)?
The Directive Principles of State Policy (DPSPs) are guidelines for the government to frame policies and laws that promote the welfare of the people and establish a social order that upholds social, economic, and political justice in all aspects of national life . They are enumerated in Articles 36-51 under Part-IV of the Indian Constitution.
Directive principles of state policy are inspired by the constitution of Ireland, which had borrowed them from the Spanish constitution. They also reflect the influence of the United Nations Universal Declaration of Human Rights and the aspirations of the Indian freedom struggle.
DPSPs reflect the aspirations of the constitution makers and all the measures they wanted to implement through the Constitution. But, due to lack of resources and widespread illiteracy and poverty it was not possible to enforce these measures. Thus, a separate part i.e. Part-IV was enacted which was to give direction to successive governments for making laws. Therefore. DPSPs are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. They are not legally enforceable by the courts for their violation.
Articles related to Directive Principles of State Policy
DPSPs are enumerated in Articles 36-51 under Part-IV of the Indian Constitution. A brief description of the articles is given below in the table:
| Article | Directive Principle of State Policy | Description |
|---|---|---|
| Article 36 | Definition and Application of DPSP | Defines the term “State” and explains that the DPSPs are not enforceable by any court but are fundamental in the governance of the country. |
| Article 37 | Application of DPSPs in the Governance of the Country | States that the principles laid down in Part IV (DPSPs) are fundamental in the governance of the country and shall be applied in making laws. |
| Article 38 | Social Justice and Welfare | Aims to promote the welfare of the people, secure a social order based on justice, and minimize inequalities in income, status, and opportunities. |
| Article 39 | Certain Principles of Policy | Includes provisions for securing equitable distribution of material resources, preventing concentration of wealth, and ensuring fair livelihood. |
| Article 39A | Equal Justice and Free Legal Aid | Ensures that the operation of the legal system promotes justice on a basis of equal opportunity and provides free legal aid to economically weaker sections. |
| Article 40 | Organization of Village Panchayats | Encourages the state to take steps to organize village panchayats and empower them with necessary resources and responsibilities. |
| Article 41 | Right to Work, Education, and Public Assistance | Directs the state to provide the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability. |
| Article 42 | Just and Humane Conditions of Work | Requires the state to make provisions for just and humane conditions of work and maternity relief. |
| Article 43 | Living Wage and Workers’ Participation in Management | Calls for the state to secure a living wage for all workers and promote workers’ participation in the management of industries. |
| Article 43A | Participation of Workers in Management of Industries | Provides for the participation of workers in the management of undertakings, establishments, or other organizations engaged in any industry. |
| Article 44 | Uniform Civil Code | Recommends the state to secure for its citizens a Uniform Civil Code throughout the territory of India. |
| Article 45 | Provision for Early Childhood Care and Education | Urges the state to provide free and compulsory education to children up to the age of fourteen years and promote early childhood care and education. |
| Article 46 | Promotion of Educational and Economic Interests of SCs, STs | Directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. |
| Article 47 | Duty of the State to Raise the Level of Nutrition and Standard of Living | Enjoins the state to improve public health, raise the level of nutrition, and the standard of living of its people. |
| Article 48 | Organization of Agriculture and Animal Husbandry | Mandates the state to take steps for organizing agriculture and animal husbandry on modern and scientific lines. |
| Article 48A | Protection and Improvement of the Environment | Requires the state to protect and improve the environment and safeguard forests and wildlife. |
| Article 49 | Protection of Monuments and Places of Historic Interest | Obliges the state to protect national heritage, historical monuments, and places of artistic and cultural importance. |
| Article 50 | Separation of Judiciary from Executive in Public Services | Advocates the state to take measures to separate the judiciary from the executive in the public services of the country. |
| Article 51 | Promotion of International Peace and Security | Instructs the state to promote international peace and security, maintain just and honorable relations between nations, and respect international law. |
Relationship between Fundamental Rights and Directive Principles of State Policy
The relationship between Fundamental Rights and DPSP (Click to read more) can be best described as complementary and harmonizing. While Fundamental Rights safeguard individual liberties and empower citizens to protect their rights through legal recourse, DPSP guide the government in shaping policies and laws that foster a just and equitable society. Both Fundamental Rights and DPSP work together to create a balance between individual aspirations and collective welfare.
The Constitution framers envisioned that the government, in its policies and actions, would strive to harmonize the interests of individuals with the collective welfare of society. The DPSP provide a roadmap for social and economic justice, and the government is expected to take steps to implement these principles progressively.
Additionally, the courts play a crucial role in ensuring the coherence between Fundamental Rights and DPSP. While DPSP are non-justiciable themselves, the Supreme Court of India has held that Fundamental Rights and DPSP are complementary to each other. In several landmark judgments, the court has held that the government’s actions should aim to strike a balance between Fundamental Rights and DPSP. If a particular law or policy is found to be in conflict with Fundamental Rights, the courts may examine whether it seeks to achieve a valid and reasonable public purpose, as envisaged by the DPSP.
Types of Directive Principles of State Policy
These directive principles can be grouped into various categories, such as socialist, Gandhian, liberal-intellectual, and others, aiming to address diverse societal needs. It is to be noted here that Indian Constitution does not make any such distinctions. It is only on the nature of the content of the principle, they are classified into various categories, such as socialist, Gandhian, liberal-intellectual, and others, aiming to address diverse societal needs.
Socialist Principles:
- Article 39: This article directs the state to ensure social justice and economic welfare for all citizens.
- Article 41: It mandates the state to provide adequate means of livelihood, equal pay, and living wage for workers.
- Article 42: This article focuses on securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, etc.
- Article 39(b): It aims to reduce economic inequality and prevent the concentration of wealth and means of production.
- Article 43A: This article makes provisions for securing the participation of workers in the management of industries.
- Article 45: It emphasizes promoting the welfare of children and protecting them from exploitation.
- Article 44: This article calls for the state to secure a uniform civil code for all citizens.
- Article 45: It emphasizes providing free and compulsory education for all children up to the age of 14.
Gandhian Principles:
- Article 40: This article reflects the Gandhian ideal of promoting village panchayats as units of self-government.
- Article 43: It encourages the state to promote cottage industries and small-scale enterprises in rural areas.
- Article 47: This article prohibits intoxicating drinks and drugs that are injurious to health and focuses on public health.
- Article 48A: It emphasizes protecting and improving the environment and safeguarding forests and wildlife.
- Article 49: This article calls for preserving and promoting the cultural heritage and diversity of India.
- Article 46: It directs the state to protect the rights of women, Scheduled Castes, Scheduled Tribes, and other weaker sections of society.
- Article 48: This article enforces prohibition of cow slaughter and other practices that are derogatory to the dignity of women.
Liberal-Intellectual Principles:
- Article 38: This article aims to foster democratic values and human rights in India and establish a social order based on justice, liberty, equality, and fraternity.
- Article 50: It directs the state to separate the judiciary from the executive and ensure judicial independence.
- Article 51: This article promotes international peace and security and maintaining friendly relations with other nations.
- Article 51: It emphasizes respecting public international law and treaty obligations.
- Article 51: This article fosters respect for international institutions such as the United Nations.
- Article 51: It renounces war as an instrument of national policy.
Other Principles:
- Article 48: This article focuses on organizing agriculture and animal husbandry on modern and scientific lines.
- Article 49: It highlights the importance of protecting historical monuments and places of national importance.
- Article 51A(h): This article emphasizes developing scientific temper and spirit of inquiry among citizens.
- Article 45: It directs renovating educational institutions to promote excellence.
Significance of Directive Principles of State Policy:
The DPSP hold considerable significance in the Indian polity due to the following reasons:
- They provide a vision and direction to the state in achieving the goals of the Constitution.
- Reflect the aspirations and needs of the Indian population.
- Serve as a check on the exercise of state power.
- Act as a source of inspiration and guidance for social movements and reforms.
- Facilitate the harmonization of fundamental rights and directive principles.
Challenges and Criticisms faced by Directive Principles of State Policy:
Despite their importance, the DPSP also encounter challenges and criticisms in their implementation:
- They are non-justiciable, which means that they cannot be enforced by any court or legal remedy. (Article 37)
- They are vague, ambiguous, and contradictory in some cases, which makes them difficult to interpret and apply.
- They are dependent on the political will and resources of the state, which may vary from time to time.
- They may conflict with some fundamental rights or other constitutional provisions, which may create legal disputes.
- They may be influenced by ideological biases or vested interests, which may undermine their objectivity.
Conclusion:
The Directive Principles of State Policy are integral to the Indian Constitution, reflecting its vision and values. While they provide a framework for achieving social and economic democracy, their non-justiciable nature and other challenges call for greater awareness and participation from both citizens and the state to effectively realize their objectives. By addressing these issues, India can truly harness the potential of DPSP and further strengthen its commitment to social welfare and inclusive development.
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