Directive Principles of State Policy: UPSC SSC Explained

Introduction to DPSP

The Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Constitution of India, spanning Articles 36 to 51. These principles are borrowed from the Irish Constitution of 1937, which in turn had taken them from the Spanish Constitution. The DPSP represent the ideals that the State should keep in mind while formulating policies and enacting laws. They are not enforceable by any court, meaning a person cannot go to court if the government does not follow them. However, Article 37 clearly states 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'.

The DPSP aim to establish a 'welfare state' in India, moving beyond a mere 'police state' of colonial times. They seek to achieve social and economic democracy, complementing the political democracy guaranteed by the Fundamental Rights. While Fundamental Rights are negative obligations on the state (restricting state action), DPSP are positive obligations (requiring state action). Together, they form the conscience of the Constitution, as described by Granville Austin.

Classification of DPSP

The Constitution does not formally classify the DPSP, but for better understanding and systematic study, they are generally categorized into three broad groups: Socialist Principles, Gandhian Principles, and Liberal-Intellectual Principles. Socialist Principles aim to provide social and economic justice and set the path towards a welfare state. Examples include Article 38 (to secure a social order for the promotion of welfare of the people) and Article 39 (to secure adequate means of livelihood, equal pay for equal work, and prevent concentration of wealth).

Gandhian Principles are based on the ideology of Mahatma Gandhi and represent his vision for India. These include Article 40 (organization of village panchayats), Article 43 (promotion of cottage industries), Article 46 (promotion of educational and economic interests of SCs, STs, and other weaker sections), Article 47 (prohibition of intoxicating drinks and drugs), and Article 48 (prohibition of slaughter of cows). Liberal-Intellectual Principles reflect the ideology of liberalism and aim for a modern, progressive state. Examples are Article 44 (Uniform Civil Code), Article 50 (separation of judiciary from executive), and Article 51 (promotion of international peace and security).

Amendments and DPSP

Several amendments have added new Directive Principles or modified existing ones. The 42nd Amendment Act of 1976 added four new DPSP. These include Article 39A (to promote equal justice and provide free legal aid to the poor), Article 43A (participation of workers in the management of industries), and Article 48A (to protect and improve the environment and safeguard forests and wildlife). This amendment was significant in expanding the scope of state responsibility towards social welfare and environmental protection.

The 44th Amendment Act of 1978 added Article 38(2), which minimizes inequalities in income, status, facilities, and opportunities. The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a Fundamental Right under Article 21A. Consequently, Article 45 now mandates the State to endeavor to provide early childhood care and education for all children until they complete the age of six years. The 97th Amendment Act of 2011 added Article 43B, which deals with the promotion of cooperative societies.

DPSP and Fundamental Rights

The relationship between Fundamental Rights (FRs) and DPSP has been a subject of judicial interpretation and debate. Initially, the Supreme Court, in cases like Champakam Dorairajan (1951), held that DPSP are subordinate to FRs. However, this position evolved over time. In the Golaknath case (1967), the Supreme Court stated that FRs cannot be amended to implement DPSP.

The landmark Kesavananda Bharati case (1973) introduced the 'Basic Structure Doctrine,' stating that while Parliament can amend the Constitution, it cannot alter its basic structure. This case also emphasized the harmony and balance between FRs and DPSP as an essential feature of the basic structure. The Minerva Mills case (1980) further clarified that the DPSP are not subordinate to FRs, and that the two are complementary, forming the core of the Constitution. The court held that the harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution. This established that both are equally important for the welfare of the nation.

Important Keywords Explained

Welfare Stateconcept

A concept of government where the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. DPSP aim to establish a welfare state in India.

Non-justiciableconcept

Refers to principles or rights that cannot be enforced by a court of law. If the government fails to implement a DPSP, citizens cannot approach the judiciary for its enforcement. This contrasts with Fundamental Rights, which are justiciable and can be enforced through courts.

42nd Amendment Act, 1976act

Also known as the 'Mini-Constitution,' this significant amendment added several new DPSP, including free legal aid (Article 39A), worker participation in management (Article 43A), and environmental protection (Article 48A). It also gave primacy to DPSP over some Fundamental Rights, though this was later modified.

Kesavananda Bharati Case, 1973concept

A landmark Supreme Court judgment that introduced the 'Basic Structure Doctrine' of the Constitution. It held that while Parliament can amend any part of the Constitution, it cannot alter its 'basic structure.' This case also emphasized the harmony between Fundamental Rights and DPSP as part of this basic structure.

Additional Facts & Context

• Article 40 mandates the organization of village panchayats.
• Article 44 calls for a Uniform Civil Code for all citizens.
• Article 50 directs the separation of the judiciary from the executive.
• Article 51 promotes international peace and security.
• The concept of DPSP was inspired by the Spanish Constitution.