KNC501/KNC601 Constitution of India, Law and Engineering

Chapter 2: Indian Constitution

Unit 1

Unit 2

Unit 3

Unit 4

Unit 5

Appendix

Directive Principles of State Policy

The Directive Principles of State Policy of India (DPSP) are the guidelines or 15 principles given to the federal institutes governing the State of India, to be kept in citation while framing laws and policies. These provisions, contained in Part IV (Article 36–51) of the Constitution of India, are not enforceable by any court, but the principles laid down therein are considered 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:

    1. Economic and socialistic,
    2. Political and administrative,
    3. Justice and legal,
    4. Environmental,
    5. Protection of monuments,
    6. Peace and security.

What are the Directive Principles of State Policy?

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP are ideals that are meant to be kept in mind by the state when it formulates policies and enacts laws.

There are various definitions to Directive Principles of State which are given below:

    • They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
    • They seek to establish economic and social democracy in the country.
    • DPSPs are ideals that are not legally enforceable by the courts for their violation.

Classification Directive Principles of State Policy

Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types-

    • Socialistic Principles,
    • Gandhian Principles and,
    • Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles 
Definition: They are the principles that aim at providing social and economic justice and set the path towards the welfare state. Under various articles, they direct the state to: 
Article 38Promote the welfare of the people by securing a social order through justice – social, economic, and political – and minimise inequalities in income, status, facilities, and opportunities 
Article 39

Secure citizens:

    • Right to adequate means of livelihood for all citizens
    • Equitable distribution of material resources of the community for the common good
    • Prevention of concentration of wealth and means of production
    • Equal pay for equal work for men and women
    • Preservation of the health and strength of workers and children against forcible abuse
    • Opportunities for the healthy development of children
 
Article 39APromote equal justice and free legal aid to the poor 
Article 41

In cases of unemployment, old age, sickness, and disablement, secure citizens:

    • Right to work
    • Right to education
    • Right to public assistance,
 
Article 42Make provision for just and humane conditions of work and maternity relief 
Article 43Secure a living wage, a decent standard of living, and social and cultural opportunities for all workers 
Article 43ATake steps to secure the participation of workers in the management of industries 
Article 47Raise the level of nutrition and the standard of living of people and improve public health 
DPSP – Gandhian Principles 
Definition: These principles are based on Gandhian ideology used to represent the programme of reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the state to: 
Article 40Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government 
Article 43Promote cottage industries on an individual or co-operation basis in rural areas 
Article 43BPromote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies 
Article 46Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and protect them from social injustice and exploitation 
Article 47Prohibit the consumption of intoxicating drinks and drugs which are injurious to health 
Article 48Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds 
DPSP – Liberal-Intellectual Principles
Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:
Article 44Secure for all citizens a uniform civil code throughout the country
Article 45Provide early childhood care and education for all children until they complete the age of six years
Article 48Organise agriculture and animal husbandry on modern and scientific lines
Article 49Protect monuments, places, and objects of artistic or historic interest that are declared to be of national importance
Article 50Separate the judiciary from the executive in the public services of the State
Article 51
    • Promote international peace and security and maintain just and honourable relations between nations
    • Foster respect for international law and treaty obligations
    • Encourage settlement of international disputes by arbitration

What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act, 1976 added four new Directive Principles in the list:

S.NoArticleNew DPSPs
1Article 39To secure opportunities for the healthy development of children
2Article 39ATo promote equal justice and to provide free legal aid to the poor
3Article 43ATo take steps to secure the participation of workers in the management of industries
4Article 48ATo protect and improve the environment and to safeguard forests and wildlife

Facts about Directive Principles of State Policy

    1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to minimize inequalities in income, status, facilities, and opportunities.
    2. The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of 14 years.
    3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to cooperative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
    4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.’

Conflict between Fundamental Rights and DPSPs

With the help of four court cases given below, candidates can understand the relationship between Fundamental Rights and Directive Principles of State Policy:

1. Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs, the provisions of the former would prevail. DPSPs were regarded to run as a subsidiary of Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through the constitutional amendment act to implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955), and the Seventeenth Amendment Act (1964) implement some of the Directives.

2. Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive Principles of State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & the 25th Amendment Act 1971 declaring that it has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two provisions:

    • No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b)22 and (c)23 shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly, movement, etc.) or Article 31 (right to property).
    • No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

3. Kesavananda Bharti Case (1973)

Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during the Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of Article 31C constitutional and valid.

Result: Through the 42nd amendment act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

4. Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd amendment act unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.’

Supreme Court’s rulings following the case were:

    • Fundamental Rights and DPSPs constitute the core of the commitment to social revolution.
    • The harmony and balance between Fundamental Rights and Directive Principles of State Policy is an essential feature of the basic structure of the Constitution.
    • The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights.

Conclusion

Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive Principles can be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

Author – Dilip Kumar Rawat

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