- A list of policy guidelines is included in the Constitution known as “the Directive Principles of State Policy” (DPSP).
- These guidelines are ‘non-justifiable’, i.e., parts of the Constitution that cannot be enforced by the judiciary.
Goals of DPSP
- Following are the significant Goals of DPSP −
- Welfare of the people; Social, economic, and political justice;
- Raising the standard of living; equitable distribution of resources;
- Promotion of international peace.
Policies of DPSP
- Following are the important Policies of DPSP −
- Uniform civil code;
- Prohibition of consumption of alcoholic liquor;
- Promotion of cottage industries;
- Prevention of slaughter of useful cattle;
- Promotion of village panchayats
Non – Justifiable rights of DPSP
- Following are the major non-justifiable rights of DPSP −
- Adequate livelihood;
- Equal pay for equal work for men and women;
- Right against economic exploitation;
- Right to work; and
- Early childhood care and education to children below the age of six years.
Difference between DPSP & FR
- Following are the major differences between the Fundamental Rights and the Directive Principles of State Policy −
- The Fundamental Rights mainly protect the rights of individuals, while the directive principles ensure the well-being of the entire society.
- The Fundamental Rights are justifiable and can be claimed in the court of law, whereas the Directive Principles of State Policy cannot be enforced by the judiciary.
- The Fundamental Rights restrain the government from doing certain things, while the Directive Principles of State Policy insist the government to do certain things.
- Regarding the Right to Property, the Constitution made it clear that property could be taken away by the government for public welfare.
- In 1973, the Supreme Court gave a decision that the Right to Property was not a part of the basic structure of the Constitution and therefore, the Parliament has the power to abridge this right by an amendment.
- In 1978, the 44th amendment to the Constitution removed the Right to Property from the list of Fundamental Rights and transformed it into a simple legal right under Article 300 A.
DIRECTIVE PRINCIPLES OF STATE POLICY (PART IV, Articles 36-51)
- The Directive Principles are the needs of the community.
- DPSP was borrowed from Irish Constitution.
- These are the recommendations to the state in Legislative, Executive and Administrative matters. (State means Legislative and Executive organs of the Central and State governments, all local authorities and all other public authorities in the country).
- In GOI (Government of India) 1935 Act ―Instruments of Instructions‖ enumerated and in the Indian Constitution they are called Directive Principles of State Policy.
- DPSP embody the concept of a welfare state.
- The Directive Principles are the operative part of the Constitution.
- The Directive Principles of State Policy constitute a very comprehensive economic, social and political program for modern democratic state.
- The idea of the principles is that realizing the high ideals of Justice, liberty, equality and Fraternity as outlined in the Preamble.
- Directive Principles of State Policy are non-justifiable in nature. (They are not legally enforceable by the courts for their violation).
- It defines the state. It has the same meaning as given in Article 12 of Part III (fundamental rights) of the Indian Constitution.
- The Directive Principles are ―fundamentals in the governance of the country‖. It shall be the duty of the state to apply these principles in making laws.
- Article 37 also contains a clause of that mentions the non-justiciability of the Directive Principles. It made it clear that the Judiciary should not compel the state to perform a duty under the directive principles of state policy.
- The state shall strive 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 social life.
Note: Article 38 is the key stone or the core of the Directive principles.
- The Right to adequate means of livelihood for all citizens, equal Pay for equal work for both men and women.
- To organize Village Panchayats.
- Right to work, Public Assistance in the event of unemployment.
- The provision for just and humane conditions of work and maternity leave Article 43: Living wage for workers.
- Uniform Civil Code for the whole country.
- Provision for early childhood care and education to children below the age of 6 years.
- Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other backward classes.
- To prohibit the consumption of intoxicating drinks and drugs. It is the duty of the state to raise the level of nutrition and the standard of living to improve public health.
- Organization of agriculture and animal husbandry and prohibition of cow slaughter.
- Protection of monuments, places and objects of National importance.
- Separation of Judiciary from Executive.
- To promote international peace and security, just and honorable between nations, respect for international law.
- 86th Amendment of 2002 changed the subject matter of Article 45 and also made elementary education a fundamental right under Article 21 A. (This came into effect on April 1, 2010). With this the Children between the age group of 6 and 14 are entitled for free education.
- B N Rau (Constitutional advisor) recommended that the rights to be divided into justifiable and non-justifiable.
- Accordingly Part III and Part IV came into the picture.
- In Champakam Dorairajan case (1951) the Supreme Court ruled that in case of any conflict between Fundamental Rights and DPSP, the Fundamental rights would prevail.
- In Golaknath case (1967) the Supreme Court held that Fundamental Rights cannot be amended for the implementation of DPSP.
- ü In Keshavananda Bharati case (1973): The Supreme Court declared that there is no essential dichotomy between the Fundamental rights and the Directive principles. They complement and supplement each other.
- 42nd amendment of 1976 accorded supremacy to Directive Principles of State Policy over Fundamental rights.
- In Minerva Mills (1980) case the status of Directive Principles of State Policy was made subordinate to the Fundamental rights.
- DR B R AMBEDKAR: The Directive Principles are the novel feature of the Indian Constitution. The Directive Principles along with the Fundamental rights contain the Philosophy of the Constitution and is the soul of the Constitution.
- DR BR AMBEDKAR: A state just awakened from freedom with its many preoccupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.
- JAWAHARLAL NEHU’S STATEMENT IN 1951: The DPSP represent a dynamic move towards a certain objective. The Fundamental rights represent something static, to preserve certain rights which exist. Both are right. But, somehow and sometime it might so happen that dynamic movement and that static standstill do not quite fit into each other.
Article 38 is the key of the Directive Principles.
- Dr B R Ambedkar was strongly in favor of Uniform Civil Code.
- In S R Bommai vs Union of India case in 1994 the Supreme Court urged the government to enact a Uniform Civil Code to promote National Integration.
- The Supreme Court (1994) stated that the Article 44 had remained a dead letter.
- The Preamble, Fundamental Rights and the DPSP are the integral parts of the Indian Constitution. All the three are meant for building an egalitarian (equal) society and in the concept of socio-economic justice.
- If The Fundamental Rights represent the don‘ts, the DPSP represents the Do‘s of the executive and legislature then there is conflict.