Directive Principles of State Policy

The Directive Principles of State Policy embodied in Part IV (articles 36-51) are a unique feature of our Constitution. They are a unique blend of Socialism, Gandhism, Western Liberalism and the ideals of the Indian freedom movement. They are in the nature of directions or instructions to the state. Besides the precedent of the Irish Constitution, the basic inspiration for the DPSP came from the concept of a ‘Welfare State’ (Keshavananda Bharati v. State of Kerala, AIR 1973 SC 146).

The DPSP was aptly described by Dr. Ambedkar as a ‘novel feature’ of the Constitution of India. These Directive Principles are in the nature of general directions or instructions to the state. They embody the objectives and ideals which Union and State Governments must bear in mind while formulating policy and making laws. “They are manifesto of aims and aspirations.”

It shall be the duty of the state to follow these principles both in the matter of administration as well as in the making of laws. They embody the object of the state under the republican constitution, namely, that is to be a ‘Welfare State’ and not a mere ‘Police State.’ Most of these Directives, aim at the establishment of the economic and social democracy which is pledged for in the Preamble.

According to L.M Singhvi, “The Directives are the life giving provisions of the Constitution. They constitute the stuff of the Constitution and its philosophy of social justice.” They lay down the basic philosophy or ideal of democratic socialism. Taken together they inscribe the objectives of a modern welfare state as distinguished from a merely regulatory or negative state.

The Directive Principles are like the Instruments of Instructions which were issued to the Governor General and the Governors of colonies and to those of India by the British Government under the 1935 Government of India Act. What is called ‘Directive Principles’ is merely another name for the Instrument of Instructions. The only difference is that they are instructions to the legislature and executive.

                                                                             

§  These principles are directive to the various governments and government agencies to be followed as fundamental in the governance of the country.

§  It shall be the duty of the state to apply these principles in making laws.

§  Thus, they place an ideal before the legislators of India while they frame new legislation for the country’s administration.

§  They lay down a code of conduct for the administrators of India while they discharge their responsibilities as agents of the sovereign power of the nation.

They guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims: Justice- social, economic and political; Liberty- Equality and Fraternity.

Directive Principles of State Policy are “not legally enforceable by any court and the state cannot be compelled through the courts to implement them. Nevertheless, the constitution declares that they are fundamental in the governance of the country and that it shall be the duty of the state to apply these principles in making laws.

If the fundamental rights of the citizens declared in chapter III of the Constitution lay the foundations of political democracy in India, the Directive Principles spell out the norms of social and economic democracy in the country.

On the basis of their nature DPSP can be classified into three classes:

§  Socialist/Welfare Principles

§  Gandhian Principles

§  Liberal-Intellectual Principles

Socialist/Welfare Principles

           ·          Article 38: To secure a social order for the promotion of welfare of the people.

           ·          Article 39: The State shall, in particular, directs its policy towards securing-

§  The citizen, men, and women equally, have the right to an adequate means of livelihood;

§  The ownership and control of the material resources of the community are so distributed as best to subserve the common good;

§  The operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

§  There is equal pay for equal work for both men and women;

§  The health and strength of workers, men and women and 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.

§  The protection of children and youth against the exploitation.

           ·          Article 41: Right to work, to education and to public assistance in certain cases.

           ·          Article 42: Provision for just and humane conditions of work and maternity relief.

           ·          Article 43: Living wages and proper conditions of work to all the workers.

Gandhian Principles

           ·          Article 40: Organization of village panchayats.

           ·          Article 46: Promotion of education and economic interests of SC’s, ST’s and other weaker sections.

           ·          Article 47: Duty of the state to raise the level of nutrition and the standards of living and to improve public health by prohibiting the consumption of intoxicating drinks which are injurious to health.

           ·          Article 48: Organization of agriculture and animal husbandary on scientific lines

           ·          Article 49: Protection of monuments and places and objects of national importance.

Liberal- Intellectual Principles

           ·          Article 46: Uniform civil code for the citizens

           ·          Article 45: State shall promote with special care the educational and economic interests of the weaker sections of the people’s.

§  By 86^th Constitutional Amendment Act, 2002 for article 45 of the Constitution, the following article is substituted:

“45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

           ·          Article 50: Separation of Judiciary from executive.

           ·           Article 51: Promotion of international peace and security.

DPSP added by Amendments

Article added by 42^nd Amendments are

           ·          Article 39A: Equal justice and free legal aid to the poor

           ·          Article 43A: Participation of workers in management of industries

           ·          Article 48: Protection and improvement of environment and safeguarding of forests and

                               wildlife.

           ·          Article 39: Creation of opportunities for development of children.

 By other Amendments:

           ·          Article 31-C: Inserted into the DPSP by the 25^th Amendment Act of 1971 seeks to upgrade the DPSPs. If laws are made to give effect to the Directive Principles over Fundamental Rights, they shall not be invalid on the grounds the they take away the fundamental rights.

Implementation of DPSP’s:

Since the commencement of the Constitution, there have been a number of legislations to implement the DPSPs.

    Þ            The very first amendment Act was for implementing land reforms.

    Þ            There have been several factory legislations to make the conditions of work humane for the workers. Promotion of cottage industries has been one of the main aspects of the economic policy of the government and there exists the Khadi and Village Industries Commission for the purpose.

    Þ            Several minimum wage acts have provided for minimum wages to be paid for workers

    Þ            The government have initiated many agriculture related development programmes like irrigation, modernization etc for better productivity as well as raising the incomes of farmers.

     Þ            The recently enacted MGNREGA reinforces the State’s Commitment to livelihood to all.

     Þ            In case of women and child welfare, the government have initiated schemes like Anganwadi programme, Sarva Shiksha Abhiyan, maternity related health schemes etc to promote their welfare.

     Þ            The state has taken several measures for the welfare of the weaker sections, especially SCs/STs. Reservation for the backward sections, especially training and financial assistance are some of them.

     Þ            The historic 73^rd Constitutional Amendment Act strengthened the role and powers of the Panchayats. Reservation for women in local councils redeems the State’s commitment for gender equality and welfare.

    Þ            India’s peacekeeping operations of the UN, pioneering and leading the Non-Aligned Movement etc reiterate India’s commitment for a peaceful and just world order.