Directive Principles of State Policy

Directive Principles of State Policy

Directive Principles of State Policy:Introduction and Meaning
Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP) are non-justiciable which means they are not enforceable by the courts for their violation. However, the Constitution itself declares that these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Hence, they impose a moral obligation on the state authorities for their application.


List of DPSPs under Indian Constitution


Article 36: Defines State as same as Article 12 unless the context otherwise defines.
Article 37: Application of the Principles contained in this part.
Article 38: It authorizes the state to secure a social order for the promotion of the welfare of people.
Article 39: Certain principles of policies to be followed by the state.
Article 39A: Equal justice and free legal aid.
Article 40: Organization of village panchayats.
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 leaves.
Article 43: Living wage etc. for workers.
Article 43-A: Participation of workers in management of industries.
Article 43-B: Promotion of cooperative societies.
Article 44: Uniform civil code for the citizens.
Article 45: Provision for early childhood care and education to children below the age of six years.
Article 46: Promotion of education and economic interests of SC, ST, and other weaker sections.
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.
Article 48-A: Protection and improvement of environment and safeguarding of forests and wildlife.
Article 49: Protection of monuments and places and objects of national importance.
Article 50: Separation of judiciary from the executive.
Article 51: Promotion of international peace and security.


DPSP Under Preamble


The Preamble of the Constitution is called the key to the mind of the drafters of the Constitution. It lays down the objectives that our Constitution seeks to achieve. Many scholars believe that DPSPs is the kernel of the Constitution. The Directive Principles of the State Policy (DPSPs) lay down the guidelines for the state and are reflections of the overall objectives laid down in the Preamble of Constitution.

The expression Justice- social, economic, political is sought to be achieved through DPSPs. DPSPs are incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality, and fraternity. Moreover, it also embodies the idea of the welfare state which India was deprived of under colonial rule.


Classification of the Directive Principles of State Policy


The constitution doesn’t differentiate between types of Directive Principles of State Policy but for better understanding of the terms, these can be classified into three broad categories namely, Socialistic, Gandhian and Liberal-intellectual.

Socialist Principles

Freeman and slave, patrician and plebeian, lord and serf, guild-master and journeyman, in a word, oppressor and oppressed, are now on equal footing in the eyes of the law but there were huge inequalities in the society, to curb these social Hierarchical problems, the Constituent assembly wants to achieve Socialist State and for this they included the following Articles of the Constitution that reflects the ideology of Socialism.

• Article 38: The promotion of the welfare of people by effectively maintaining social order in all institution of the nation. It will be the duty of the state to minimise the inequalities and will strive to eliminate inequalities in status, facilities and opportunity to an individual.

● Article 39: The state will follow certain principles in order to ensure the following:

 ○ Men and women are treated equally and both have the right to adequate means of livelihood.

○ To serve the community the ownership and control will be distributed in the best interest of society and to subserve the common interest of common good.

○ The economic system will not be the result of the concentration of wealth and means of production would never be a detriment to the common good of the people.

○ Both men and women will be paid equal for an equal amount of work.

○ The mental and physical health of workers is of prime interest, children are not to be forced due to economic necessity and citizens are not to be forced to work unsuited to their age and health.

○ Opportunities and facilities are to be given to children for the development of children in an all-round manner, freedom and dignity of children need to respected and need to be protected against exploitation.

● Article 39A: It will the duty of the state to secure equal justice and to provide equal access to justice, a system of free legal aid for economically backward class people, so justice is denied to none

● Article 41: The state within its economic capacity develops a system for the right to work, to education and provisions in cases of unemployment, old age, sickness and disability.

● Article 42: It is the duty of the state to ensure just and humane conditions in the workplace and provisions for maternity relief.

● Article 43: State will ensure a living age to industrial, agriculture workers and ensure decent workplace to work and to promote cottage industries on an individual or co-operative basis in rural areas.

● Article 47: The state shall work in raising the level of nutrition and standard of living of its people and to raise the level of nutrition and the standard of living of people and to improve public health.

These Articles are embedded keeping in mind to achieve the Socialist nature of Society in mind. However, only a few of them are achieved and the Government is still struggling to make them a reality.

Gandhian Principles

As the name suggests these Principles are based on the ideology of Gandhi. In order to fulfil the dreams of Gandhi and to achieve Gandhian State, these articles were included in the constitution. These are the following articles.

1. Article 40: The steps will be taken by the states to organize village panchayats and there will be decentralisation of power and authority, in order to form self-government.

2. Article 43: State will ensure a living wage to industrial, agriculture workers and ensure a decent workplace to work and to promote cottage industries on an individual or co-operative basis in rural areas.

3. Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

4. Article 46: to prevent Scheduled Caste and Scheduled Tribes from exploitation and injustice, the educational and economic interests of them shall be promoted.

5. Article 47: The state shall work in raising the level of nutrition and standard of living of its people  To raise the level of nutrition and the standard of living of people and to improve public health.

6. Article 48: Organization of agriculture and animal husbandry on the basis of scientific lines and steps in preserving and improving the breeds, prohibiting the slaughter of cows, calves and other milch and draught cattle.

Liberal-Intellectual Principles

The liberalism ideology stands for the freedom and autonomy of an individual. These principles are included keeping in mind the ideology of Liberalism. These are:

1. Article 44: To secure for all citizens a uniform civil code throughout the country across all religions and every section of the society.

2. Article 45: To provide elementary education until the age of fourteen years which has now become a fundamental right under Article 21A.

3. Article 48: Organization of agriculture and animal husbandry on the basis of scientific lines and steps in preserving and improving the breeds, prohibiting the slaughter of cows, calves and other milch and draught cattle.

4. Article 48 A: It is the duty of the state to protect and conserve the environment and forest and wildlife of the country.

5. Article 49: it is the obligation of the state to protect every monument or place or object of artistic or historic interest declared under law as a monument of national importance.

6. Article 50: To separate the judiciary from the executive in the public services of the State.

7. 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.



New Directive Principles

The best feature of our constitution that it is a living being and keeps on evolving. Changes have taken place in directive principles and major changes were by the 42nd Amendment Act of 1976 which added four new principles for the first time. These were:

1. Article 39: Additional clause was added to secure opportunities for the healthy development of children and to respect the dignity and freedom of children.

2. Article 39 A: It will the duty of the state to secure equal justice and to provide equal access to justice, a system of free legal aid for economically backward class people, so justice is denied to none.

3. Article 43 A: Steps taken to ensure that participation of workers in the management of undertakings, establishments, or any other organization of the industry.

4. Article 48 A: To protect and improve the environment and to safeguard forests and wildlife.

The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities which was inserted in Article 38.

It is not that only new Directive Principles are added but these Directive principles are promoted in the category of fundamental rights, it happened by 86th Amendment Act of 2002 which made elementary education a fundamental right under Article 21A.

Again in 2011 with the help of 97th Amendment added Directive Principles related to Co-operative Societies under Article 43B.

Characteristics 

The Directive Principles of State Policy are guidelines to the central and state governments of India. The governments must keep these principles in mind while framing laws and policies.

It is true that these provisions of the Constitution of India are non- justiciable, which means that these are not enforceable by any court of law. But the principles are considered fundamental in the governance of the country.

It is the duty of the central and state governments to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles stated in the Constitution of Ireland and also by the principles of Gandhian philosophy.

The main aim of these principles is to create social and economic conditions under which all the citizens can lead a good life. In other words, it is to establish social and economic democracy in the country.

These principles act as a yardstick in the hands of the people to measure the performance of governments in respect of achieving the objective. All executive agencies have to be guided by these principles. Even the judiciary has to keep them in mind while deciding cases.



Importance of DPSPs for an Indian citizenRegardless of the non-justifiable nature of DPSPs, a citizen should be aware of them. Article 37 describes these principles as fundamental in the governance of the country. The objective of the DPSPs is to better the social and economic conditions of society so people can live a good life. Knowledge of DPSPs helps a citizen to keep a check on the government.

A citizen can use DPSPs as a measure of the performance of the government and can identify the scope where it lacks. A person should know these provisions because ultimately these principles act as a yardstick to judge the law that governs them. Moreover, it also constrains the power of the state to make a draconian law.

Through various judicial pronouncements, it is settled principle now that balancing DPSPs and Fundamental rights is as important as maintaining the sanctity of Fundamental Rights. Non-following a directive principle would directly or indirectly affect the Fundamental Right which is considered as one of the most essential parts of the Constitution.

Conclusion
Keeping in mind the arguments put forth above and the aim of the Constituent Assembly while creating the non-justiciable rights, it can be concluded that making the DPSPs enforceable is unnecessary. The Assembly did not want to enforce the Directives because they feared that they would become out of date over time. Secondly, most of their provisions have been enforced through various legislations; those that are not enforceable have debatable relevance in today world.

But merely because they are not justifiable in a court of law, does not render them useless. Their importance has increased manifold over the years. They serve not only as guidelines today, but also keep a check on the governments, even though that check is not the Court but the citizens. 

The parties that form governments today are not concerned with the well-being of the nation. They play divisive politics for their betterment. They are concerned with the furtherance of their ideologies that the nation may not even share. In this environment, the DPSPs is a yardstick for the government performance and also a check on arbitrary legislation.



We should be not blinded by the glorious provisions contained in these Directives. They are useful and define us as a welfare state, but enforcing them will serve no purpose. They have mostly been made justiciable through other laws, and amending them will give rise to gross misuse by fanatics.

The current position of the Directives is balanced and desirable. But it is also recommended that they must be made secular and free of morals that they impose on citizens. They must incorporate the sentiments held by the nation as a whole and not those held by only a particular class.



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