Directive Principles Of State Policy

 

Introduction 

Constitutional Provision: PART IV of the Constitution [ Articles 36 to 51 ] contains the Directive Principles of State Policy [DPSP]. These principles act as guidelines or instructions to the central and State Government of India for framing laws and policies aimed at securing a social, economic and political democracy. These principles are non- justiceable in nature under Article 37, meaning they are not enforceable by any court but are nevertheless fundamental to the Governance of the country and it is the duty of the state to apply them in making laws. 

The primary aim of the DPSP is to establish a "welfare state" in India, this means promoting the well being of the people by securing a social order in which social, economic and political justice is ensured for all. 

Classification of DPSP according to the Constitution

The constitution does not explicitly classifies DPSP under headings like "socialist" or "Gandhian" but the principles are arranged according to the thematic concerns.

Introductory provisions

Article 36 : Definition

This article defines the term "state" for the purpose of part IV, it refers to the definition provided in article 12 which includes : 

• The government and Parliament of India.

• The government and Legislature of the each state.

• All local or other authorities within the territory of India or under the control. Government of India.

Article 37 : Application of the principles

DPSPs are not enforceable by any Court however they are fundamental in the Governance of the country, the state must apply these principle in making laws and policies. 

Principles promoting Socio-economic Justice 

These principles reflect the ideals of socialism and aim to provide social and economic justice. They focus on reducing inequalities, securing livelyhoods and improving working conditions.

• Article 38: State to secure a social order for the promotion of welfare of the people : The state shall promote the Welfare of people by securing a just social order (social,economic,political) and inform all the Institutions of the national life. The state shall also strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst group of people residing in different areas or engaged in different vocations. 
• Article 39: certain principles of policy to be followed by the State :  The state shall direct its policy towards securing- 

1. Article 39(a) : Right to livelihood- Citizens should have equal right to adequate means of livelihood. 
2. Article 39(b) : Resource distribution- Ownership and control of material resources must be distributed to subserve the common good.
3. Article 39(c) : Prevent concentration of wealth- The economic system should not result in concentration of wealth and means of production in a few hands
4. Article 39(d) Equal pay for equal work-  en and women should receive equal pay for equal work
5. Article 39(e) Protection of workers health and strength especially that of women and children should not be abused
6. Article 39(f) children's development children must be given opportunities to develop in a healthy manner and be protected from exploitation.

• Article 39A:  Equal justice and free Legal Aid-  The state shall ensure equal justice and provide free legal aid to economically disadvantaged people. 

Principles related to Organisation of Society and Uniformity

• Article 40: Organisation of village panchayat- The state shall take a steps to organise village panchayat and endow them with such powers and authority as maybe necessary to enable them to function as units of Self government.
• Article 41: Right to work to education and to public assistance in certain cases- the state shall provide assistance in unemployment old age, sickness etc within economic capacity.
• Article 42: Provision for just and human conditions of work and Maternity relief- the state shall make provision for securing just and human conditions of work and for Maternity benefits.
• Article 43: Living wage, etc for workers- The state shall ensure, by suitable legislation or economic organisation or in any other way, to all workers, agriculture, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual or Co-operative basis in rural areas.
• Article 43A: Participation of workers in management of industries- The state shall take steps, by suitable legislation or in any other way to secure the participation of workers in the management of undertakings, establishment or other organisations engaged in any industry.
• Article 43B: Promotion of Co-operative societies- The State shall endeavour to promote voluntary formation autonomous functioning, democratic control and professional management of co-operative societies. 
• Article 44: Uniform Civil Code- The State shall endeavour to secure for the citizens a Uniform Civil Code (UCC). 

Principles for education and Weaker Sections

• Article 45: Provision for early childhood care and education to children below the age of 6 years-  The state shall endeavour to provide early childhood care and education for all children until they complete the age of 6 years.  
• Article 46: Promotion of educational and economic interest of Schedule Caste Schedule tribes and Other weaker sections- The state shall promote their educational and economic interest and protect them from exploitation and injustice.

Public Health, Agriculture, and Environment  

• Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health- The state shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of Public Health as among its primary duties and, in particular, the state shall endeavour to bring about prohibition and consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.  
• Article 48: Organisation of agriculture and animal husbandry-  The state shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall in particular,  take steps for preserving and improving the Breed and prohibition of Cow slaughter and Calves and other milk and draught cattle.
• Article 48A: Protection and improvement of environment and safeguarding of forest and wildlife- The state shall endeavour to protect an improve the environment and to safeguard the forest and wildlife of the country.

Cultural, Judicial and International Duties

• Article 49: Protection of monuments and places and object of national importance- The state shall protect every monument or place or object of artistic or historic interest (declared by or under law made by Parliament) to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case maybe. 
• Article 50: Separation of judiciary from executive- The state shall take a steps to separate the Judiciary from the executive in the public services of the state.
• Article 51: Promotion of International peace and Security- The State shall endeavour to: 

1. Promote International Peace and Security.
2. Maintain just and honorable relations between nations.
3. Foster respect for International law and Treaty of the nations in the dealings of organised peoples with one another; and
4. Encourage settlement of International disputes by Arbitration.

Directive contained in other parts of the Constitution

Besides the directives contained in Part IV. There are certain other directives addressed to the state in other parts of the Constitution.  Those directive are also non-justiceable. These are:  

•  Article 335 enjoins that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.
•  Article 350A enjoins every State and every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.
• Article 351 enjoins the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.

wo. In Kesavananda Bharati (1973) and Minerva Mills (1980), the Supreme Court held that both parts must be balanced as components of the Constitution’s basic structure. Yet, in practice, Fundamental Rights still tend to prevail when conflicts arise.

Fundamental rights vs. Directive Principles principles of State Policy : Comparative Analysis

The Indian constitution enshrines two essential pillars for building a just society:  Fundamental rights and Directive principles of state policy. Though both aim at ensuring the dignity and welfare of the citizens, they differ significantly in nature, scope and enforceability.  

• Enforceability Imbalance- Fundamental Rights are justiciable and enforceable in court, whereas DPSPs are non-justiciable, reducing their legal impact. This creates a structural imbalance. As seen in Champakam Dorairajan (1951), policies based on DPSPs were struck down for violating rights, highlighting their subordinate status.

• Judicial Reconciliation- The judiciary has evolved to promote harmony between the theavily on political will. While many welfare laws draw inspiration from them, the state faces no legal consequence for ignoring them. This weakens their ability to bring about meaningful socio-economic reform.
•  Implementation Challenges- DPSPs, though aspirational, rely heavily on political will. While many welfare laws draw inspiration from them, the state faces no legal consequence for ignoring them. This weakens their ability to bring about meaningful socio-economic reform.