Nurturing Equality and Exploring the Role of Directive Principles of state policy

The Directive Principles of State Policy are mentioned in Articles 36-51, Part IV of the Constitution. Their main purpose is to achieve social and economic development of all sections of the society, aiming to set up an egalitarian society. In Granville Austin’s views, Directive Principles of State Policy have been helpful in achieving the constitutional goals of social, economic and political justice to all.

Nature of Directive Principles of State Policy

• The Constitution contains a distinct list of guidelines, known as Directive Principles of State Policy.
• Societal Goals: They reflect the aspirations and ideals of the Constitution makers and list societal goals and objectives to adopt. 
• Non-Justiciable: They are non-justiciable in nature, meaning they are not legally enforceable.
• Lack Judicial Remedy: Citizens can’t approach courts to compel governments to implement these guidelines.
• Moral Strength: However, Makers believed that the moral strength of these guidelines would prompt governments to take them seriously.
• Also, People were expected to hold governments accountable for implementing these directives.
• Governments have taken various steps to fulfill Directive Principles of state policy through legislation. 
• Example: Efforts include zamindari abolition, nationalizing banks, enacting factory laws, minimum wage fixation, promotion of cottage industries, and reservation provisions.

Impact of Directive Principles Of state policy on Education and Local Governance

• Right to Education: The Directive Principle of state policy emphasizes the importance of education as a societal goal.
• Panchayati Raj Institutions: Establishment of local self-governance institutions across the country.
• Partial Right to Work and Welfare Programs: Employment guarantee programs and mid-day meal schemes contribute to individual well-being.

Relationship b/w Rights and Principles: Complementary Forces Shaping Constitutional Landscape

Complementary Nature: 

• Societal Well-being: Fundamental Rights limit government actions against individuals, whereas Directive Principles of state policy urge the government to take specific actions for societal well-being.
• Collective Progress: On one hand, Fundamental Rights focus on safeguarding individual rights, while on the other hand, Directive Principles aim to ensure the welfare of the entire society.

Conflicting Nature: 

• Implementation of Directive Principles of state policy can clash with Fundamental Rights. 
• Example: Laws to abolish the zamindari system conflicted with the right to property.
• Governments have amended the Constitution to prioritize Directive Principles and have argued for abridging rights for societal welfare.
• However, the Court viewed Fundamental Rights as sacrosanct, not to be compromised for implementing Directive Principles.

India’s Fundamental Duties as Guardians of Democratic Values

• The Fundamental Duties are intended to serve as a constant reminder to every citizen that while enjoying Rights, it is also required that citizens should follow democratic conduct and democratic behavior because rights and duties are correlative.

About Fundamental Duties:

• Introduction of Duties: The Constitution was amended by the 42nd Amendment in 1976 to introduce a list of Fundamental Duties for citizens.
• The Constitution contains Eleven Fundamental Duties that citizens should uphold. 
• Amendment to Constitution: The 42nd Amendment Act of 1976 added 10 Fundamental Duties to the Constitution, and later 86th Amendment Act of 2002 added the 11th Fundamental Duty to the list. 
• Their inclusion doesn’t alter the status or application of Fundamental Rights. i.e., enjoyment of rights is not conditional upon fulfilling duties. 
• Non-Justiciable: Like DPSP, they are also non-justiciable in nature.
• Example of  Important Duties: These enjoin upon a citizen among other things, to abide by the Constitution, to cherish and follow noble ideals, which inspired India’s struggle for freedom, to defend the country and render national service when called upon to do so, and to promote harmony and spirit of common brotherhood transcending religious, linguistic and regional or sectional diversities.

DOWNLOAD PDF