The Directive Principles of State Policy of India are the guidelines or principles given to the institutes for governing the State of India. These are provided Part IV (Article 36-51) of the Constitution of India, are not enforceable by any court, but the principles laid down there in are considered ‘Fundamental’ in the governance of the country, making it the duty of the State[1] to apply these principles in making laws to establish a just society in the country.
The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to social justice, economic welfare, foreign policy, and legal and administrative matters.
Directive Principles are classified under the following categories: economic and socialistic, political and administrative, justice and legal, environmental, protection of monuments, peace and security.
Characteristics of DPSP
Directive Principles of State Policy aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state.
Though the Directive Principles are non-justiciable rights of the people but fundamental in the governance of the country, it shall be the duty of the State to apply these principles in making laws per Article 37.
Features of DPSP
1. They denote the ideals that the State should keep in mind while formulating policies and enacting laws.
2. It resembles the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr. B. R. Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.’
The only difference between the instrument of instructions and the DPSP is that they are instructions to the legislature and the executive.
3. It constitutes a very comprehensive economic, social and political programme for a modern democratic State which aimed at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. It strives to promote the concept of ‘Welfare state’.
4. They are non-justiciable in nature, which means that they are not legally enforceable by the courts for their violation.
5. Though non-justiciable in nature, the Directive Principles help the courts in examining and determining the constitutional validity of a law.
Classification of DPSP
The Constitution of India does not formally classify the Directive Principles of State Policy. But by convention, the Directive Principles of State Policy have been classified into three categories. These are:
- Socialistic Principles
- Gandhian Principles
- Liberal-Intellectual Principles
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:
- 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.
- Article 39: To Secure:
- Right to an adequate means of livelihood for all citizens
- Equitable distribution of material resources of the community for the common good
- Operation of an economic system to prevent the concentration of wealth and means of production
- Equal pay for equal work for both men and women
- Preservation of the health and strength of workers and children against forcible abuse
- Opportunities for the healthy development of children.
- Article 39 A: To promote equal justice and to provide free legal aid to the poor.
- 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.
- Article 42: To make provision for just and humane conditions for work and maternity relief.
- 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.
- Article 43 A: To take steps to secure the participation of workers in the management of industries.
- Article 47: Raise the level of nutrition and the standard of living of people and improve public health.
Gandhian Principles
These principles reflect the programme 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:
- Article 40: To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.
- Article 43: To promote cottage industries on an individual or co-operation basis in rural areas.
- Article 43 B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
- 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.
- Article 47: To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
- Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
Liberal-Intellectual Principles
These principles are inclined towards the ideology of liberalism and they direct the state through the following articles:
- Article 44: To secure for all citizens a uniform civil code throughout the country.
- Article 45: To provide early childhood care and education for all children until they complete the age of six years.
- Article 48: To organise agriculture and animal husbandry on modern and scientific lines.
- Article 48 A: To protect and improve the environment and to safeguard forests and wildlife.
- Article 49: To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.
- Article 50: To separate the judiciary from the executive in the public services of the State.
- 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.
Implementation of DPSP
There is no need of any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the constitution. The State has made few efforts till now to implement the Directive Principles.
The Programme of Universalisation of Elementary Education and the five-year plans has been accorded the highest priority in order to provide free education to all children up to the age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into the Constitution, that seeks to provide free and compulsory education to all children aged 6 to 14 years. Welfare schemes for the weaker sections are being implemented both by the Central and State governments. These include programmes such as boys’ and girls’ hostels for scheduled castes’ or scheduled tribes’ students.
The Consumer Protection Act of 1986 provides for the better protection of consumers. The act is intended to provide simple, speedy and inexpensive redressal to the consumers’ grievances, award relief and compensation wherever appropriate to the consumer. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women.
Amendments to DPSP
Changes in Directive Principles require a Constitutional amendment which has to be passed by a special majority of both houses of the Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting and by the absolute majority of the house – whether the Lok Sabha or Rajya Sabha.
- 42nd Constitutional Amendment, 1976– added the following new principles:
Article 39A: To provide free legal aid to the poor. - Article 43A: Participation of workers in management of Industries.
- Article 48A: To protect and improve the environment.
- 44th Constitutional Amendment, 1978 inserted Section-2 to Article 38 “The State in particular shall strive to minimise economic inequalities in income and eliminate inequalities in status, facilities and opportunities not amongst individuals but also amongst groups”.
- The amendment had also removed the Right to Property from the list of Fundamental Rights.
- 86th Amendment Act of 2002: Made elementary education a fundamental right under Article 21 A.
