The Concept of Directive Principles of State Policies
Part VI of the constitutional series
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.
The concept of DPSP is not an indigenous one. Our Constitution makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of State Policies.
To understand the meaning of the directive principle of state policy, we need to understand the meaning of each word i.e. Directive + principle + state + policy, which suggests that these are the principles that direct the state when it makes policies for its people.
Classification of Directive Principles of State Policy (DPSP) (Article 36 to Article 51)
The Constitution of India does not formally classify the Directive Principles of State Policy but for better understanding and on the basis of content and direction- they can be classified into three categories.
These are as follows:
1. Socialistic Principles
These principles contemplate the ideology of socialism and lay down the framework of a democratic socialist state. The concept envisages providing social and economic justice, so that state should achieve the optimum norms of the welfare state. They direct the state through the following articles:
a. Article 38: 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.
b. Article 39: To Secure:
i. Right to an adequate means of livelihood for all citizens
ii. Equitable distribution of material resources of the community for the common good
iii. Operation of an economic system to prevent the concentration of wealth and means of production
iv. Equal pay for equal work for both men and women
Preservation of the health and strength of workers and children against forcible abuse
v. Opportunities for the healthy development of children.
c. Article 39 A: To promote equal justice and to provide free legal aid to the poor.
d. Article 41: To secure the right to work, right to education, and right to public assistance in cases of unemployment, old age, sickness, and disablement.
e. Article 42: To make provision for just and humane conditions for work and maternity relief.
f. Article 43: To secure a living wage, a decent standard of living, and social and cultural opportunities for all workers. The State shall promote cottage industries on an individual or co-operative basis in rural areas.
g. Article 43 A: To take steps to secure the participation of workers in the management of industries.
h. Article 47: Raise the level of nutrition and the standard of living of people and improve public health.
2. Gandhian Principles
These principles reflect the program of reconstruction enunciated by Gandhi during the national movement. In order to fulfil the dreams of Gandhi, some of his ideas were included in DPSP and they direct the state through the following articles:
a. Article 40: To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.
b. Article 43: To promote cottage industries on an individual or cooperative basis in rural areas.
c. Article 43 B: To promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
d. Article 46: To promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of the society and to protect them from social injustice and exploitation.
e. Article 47: To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
f. Article 48: To prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.
3. Liberal-Intellectual Principles
These principles are inclined towards the ideology of liberalism and they direct the state through the following articles:
a. Article 44: To secure for all citizens a uniform civil code throughout the country.
b. Article 45: To provide early childhood care and education for all children until they complete the age of six years.
c. Article 48: To organise agriculture and animal husbandry on modern and scientific lines.
d. Article 48 A: To protect and improve the environment and safeguard forests and wildlife.
e. Article 49: To protect monuments, places, and objects of artistic or historic interest that are declared to be of national importance.
f. Article 50: To separate the judiciary from the executive in the public services of the State.
g. 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 encourage settlement of international disputes by arbitration.
Relationship between Fundamental Rights and DPSP
The Fundamental Rights limit the government’s rights over an individual, but the DPSPs provide the government instructions on how to achieve certain goals through their activities.
Anything in the DPSPs cannot be infringed by people or the state until legislation is passed to that effect, and there are strict remedies in place for violations of an individual’s Fundamental Right.
A law against the DPSPs cannot be declared void by the courts, but this is not the case with Fundamental Rights.
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