• The framers of the constitution borrowed this idea from Irish constitution which in turn was borrowed from Spanish constitution
  • Dr BR Ambedkar famously remarked that DPSP are the ‘novel features’ of the Indian constitution
  • Granville Austin described DPSP and Fundamental Rights as the ‘Conscience of the constitution’

Features of DPSP

  • Ideals under DPSP are what state should keep in mind while formulating policies and enacting laws
  • DPSP resemble the ‘Instruments of Instructions’ enumerated in the Government of India Act of 1935.
  • DPSP are instructions to both state and legislature
  • DPSP embody the concept of a ‘welfare state’

DPSP are non-justiciable. Though non-justiciable, it helps the court in examining and determining the constitutional validity of a law.

Classification Of DPSPs

Socialistic principles: 

Article 38: Promoting welfare of the society by securing a social order permeated by justice

Article 39: To secure

  1. Right of adequate means of livelihood
  2. Equitable distribution of material resources of the community for the common good
  3. Prevention of concentration of wealth and means of production
  4. Equal pay for equal work for men and women
  5. Preservation of health and strength of workers and children against forcible abuse
  6. Opportunities for healthy development of the child

Article 39A: To promote equal justice and to provide free legal aid to the poor

Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement

Article 42: Make provisions for just and humane conditions for work and maternity relief

Article 43: To secure a living wage, a decent standard of life and social and cultural opportunities for all workers

Article 43A: Steps to secure participation of workers in the management of industries

Article 47: Raise the level of nutrition and the standard of living of people and to improve public health

Gandhian principles

Article 40: To organize village panchayats and endow them with necessary powers

Article 43: To promote cottage industries on an individual and cooperative basis

Article 43B: To promote functioning of cooperative societies

Article 46: To promote educational and economic interests of SCs, STs and other weaker sections

Article 47: To prohibit the consumption of intoxicating drinks and drugs

Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds

Liberal-Intellectual principles

Article 44: To secure a uniform civil code for all

Article 45: To provide early childhood care until 6 years of age

Article 48: To organize agriculture and animal husbandry on modern scientific lines

Article 48A: 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

Article 50: To separate judiciary from the executive

Article 51: To promote international peace and security

 

Note: The constitution does not make any such classification

DPSP And Amendment 
  • 42nd amendment act added four new DPSP:
    • To secure opportunities for healthy development of children (Article 39)
    • To promote equal justice and to provide free legal aid (Article 39A)
    • To take steps to secure the participation of workers in the management of industries (Article 43A)
    • To protect and improve the environment and to safeguard forests and wildlife
  • 44th amendment act of 1978 added one more DPSP- to minimize inequalities in income, status, facilities and opportunities (Article 38)
  • 86th amendment act of 2002 changed the subject-matter and made elementary education a fundamental right under Article 21A. The amendment directed state to provide early childhood care until the completion of six years
  • 97th amendment act of 2011 added a DPSP related to cooperative societies (Article 43B)

  • Motive Behind Inclusion Of DPSP
To usher in social and economic democracy
Moral obligation for the state to implement these provisions
Why it was made non-justiciable?
Country did not possess sufficient financial powers to implement them all
Diversity could stand in the way of their implementation
The newly independent state should be free to decide their implementation as the per the state of society rather than a blanket imposition by constituent assembly

Quotes regarding DPSP

‘No ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV of the constitution’: Sir Alladi Krishnaswamy Ayyar
‘A government which rests on popular vote can hardly ignore the DPSP while shaping its policy’
‘DPSP are life-giving provisions of the constitution’- LM Singhvi
‘DPSP are aimed at furthering the goals of the social revolution or to foster the revolution by establishing the conditions necessary for its achievements’- Granville Austin
‘DPSP are moral precepts for the authorities of the state’- Sir BN Rau

Criticism Of DPSPs

No legal force: They were described as ‘pious superfluities’ and was compared to a blank cheque, new year’s resolutions, manifestation of aims and aspirations
Illogically arranged: DPSP have been criticized for being arranged in an illogical manner and without any consistent philosophy
Conservative and orthodox: Some provisions are outdated and are not consistent with 21st century philosophies. Ex: Banning intoxicating drinks
Might lead to confusion and conflicts
Can cause conflicts between centre and states during implementation of DPSP
Constitutional cases were high during the initial stages concerning the conflicts between FRs and DPSP
➰Conflicts between President and the cabinet, centre and state could also occur. Ex: States could be dismissed in case of non-compliance, President might not give assent if laws made to give effect to DPSP are violative of FRs

Why criticisms against DPSP are unfounded?

➰They show India’s commitment to establish a social and economic order
➰They have served as beacon-lights for courts while exercising their judicial power
➰They provide a framework for the people to judge the actions of the state
➰They enable opposition parties to exercise control over the executive

 While Fundamental Rights aim for the political welfare of the citizens; the DPSP aims to institute social and economic welfare for its citizens. However, unlike Fundamental Rights, DPSP has been made non-justiciable. This has led to some constitutional experts opining that DPSP are just pious superfluities and compared them to ‘a cheque payable only when the resources of the bank permit’.

However, such an opinion is not justifiable since many provisions of the DPSP have served as an inspiration for many programmes instituted by both central and state government since independence to give effect to the socio-economic justice reflected in the DPSP.

 

Examples for the above include:

  • Policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) gets their authority from Article 39(a) which talks about the right to adequate means of livelihood.
  • Laws such as the Child Labour (Prohibition and Regulation) Act 1986bolster the canons of Article 39(g) which deals with the protection of children.
  • Laws pertaining to prohibition of slaughter of cows and bullocks get their sanctity from Article 48 which deals with the organization of agriculture and husbandry.
  • Government Policies such as Integrated Rural Development Program (IRDP), Integrated Tribal Development Program (ITDP), and Pradhan Mantri Gram Sadak Yojana, Ayushman Bharata etc.are the reflections of the principle objectives enumerated in Article 47 which talks about raising the standard of living and to improve public health.
  • Government has undertaken reforms in Land laws which were the primary reasons for inequality British times. Such reforms give effect to Article 43 which tries to secure  by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life
  • States have instituted scholarship programmes, subsidies for minority run institutions and also enacting Right to Education Act (RTE) in 2006 to give effect to Article 46 which seeks to promote educational and economic interests of the weaker sections of the people
  • Ever since independence, India’s foreign policy has revolved around promoting an international order based on humanity, peace, honorable relations, security etc. This has taken the form of organizations such as Non-Alignment Movement (NAM), International Solar Organization or even India’s commitment to Paris climate agreements These policies give effect to Article 51 which seeks to promote a foreign policy based on just and humane values.
  • Perhaps one of the greatest achievement of the government in giving effect to DPSP has been instituting local self-government institutions at the village and district level to give effect to Article 40 which seeks to organize village panchayats
  • Various programmes have been started at the central and state level to ensure adequate means of livelihood and also in ensuring good health of women (Janani Suraksha Yojana). Such programmes gives effect to Article 39 which aims to secure a good standard of living for women in the country
  • India has enacted several environmental conservation acts such as- Environmental Protection Act, Wildlife conservation act etc. These acts seek to implement the provisions of Article 48A which seeks to protect and improve the environment and to safeguard the forests and wildlife of the country.
  • The emphasis on ‘Early childhood care and education’ in the newly unveiled National Education Policy (NEP) seeks to realize the provisions of article 45 which aims to provide for early childhood care and education for all children until they complete the age of six years.
  • Despite these actions taken for implementation of the DPSP, the DPSPs have not helped in truly realizing the goal of socio-economic justice in the country. Ex: High rate of poverty and inequality, discrimination faced by weaker sections in the society, degradation of environment etc
Creating sufficient awareness amongst the common people vis-à-vis DPSP provisions could help in keeping the government accountable in this respect, this coupled with opposition parties holding the government accountable in the Parliament can help in ensuring the DPSPs goals are realized in a much better and timely manner in the near future.

Conflict Between FR And DPSP


The conflict between FR and DPSP arises primarily because of justiciablity of one and the lack of the same. The Supreme Court’s jurisprudence has developed in the following ways:

Champakam Dorairajan case: Fundamental Rights would prevail over the DPSP in case of conflict between the two. However, legislature can amend FR to give effect to DPSP
Golaknath case: FR are sacrosanct in nature and cannot be amended for implementation of DPSP
Keshavanda Bharati case: Article 31C providing blanket immunity for those laws giving effect to DPSP was deemed null and void.
Minerva Mills case: Constitution is founded on the bedrock of balance between FR and DPSP
The present position is that FR enjoys supremacy over the DPSP. Yet, this does not mean that DPSP cannot be implemented.


 
   Fundamental Rights                      RightsDPSP
1)Negative since they prohibit the state from doing certain things
Positive since they compel states to take actions

2)Justiciable in nature
 Non-justiciable in nature

3)Aim: establishing political democracy
Aim: economic and social democracy

4)Legal sanctions
Moral and political sanctions

5)Do not require legislation for their implementation
Requires legislation for their implementation

6)Courts are bound to declare a law as invalid if they violate FRS
Courts cannot declare a law invalid if they violate FRds

Practice Questions

1) Critically analyze whether the non enforceability of DPSPs make them subservient to Fundamental Rights?(250 words) 


2) Part IV of the Indian Constitution has great value as it provides for social and economic democracy. In light of the above statement, discuss the importance and limitations of this part of the constitution.(250 words)

 
3) What are the Directive Principles of State Policy? Account for their classification while discussing their criticism. (250 words)

4) Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.(250words)