Directive Principles Of State Policy: Definition, Balancing Rights, And Constitutional Significance

Directive Principles Of State Policy: Definition, Balancing Rights, And Constitutional Significance #

BALANCING RIGHTS: DIRECTIVE PRINCIPLES OF STATE POLICY AND CITIZENS’ DUTIES #

Borrowed from Irish Constitution of 1937.
B.R. Ambedkar: Directive Principles of State Policy = Novel Features
Granville Austin: DPSP + FR = Conscience of the Constitution.
DPSP+FR = Philosophy & Soul of the Constitution.
Part IV; Articles 36 to 51
Impose moral obligation on the state authorities for their application, but the real force behind them is political, that is public opinion.
Enshrines Socio-economic democracy (positive in nature, unlike FR which are negative in nature)
They are supplementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in Part III by providing for social and economic rights.

Minerva Mills case (1980)	Harmony and balance between FR and DPSP are an essential feature of the basic structure of the Constitution.
Exceptions to DPSP (Golaknath case):	Laws giving effect to Art 39 (b) and (c) of Directive Principles of State Policy should not be declared as unconstitutional and void on ground of violation or contravention of Art 14 and 19.

Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories–justiciable and non-justiciable, which was accepted by the Drafting Committee.

Also Read: CENTRAL & STATE COUNCIL OF MINISTER: ROLES & RESPONSIBILITIES

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FEATURES OF DIRECTIVE PRINCIPLES OF STATE POLICY: GUIDELINES FOR STATE ACTION & CONSTITUTIONAL VALIDITY #

Constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
Directive Principles of State Policy resemble the ‘Instrument of Instructions’ enumerated in GoI Act 1935.
Directive Principles of State Policy constitutes very comprehensive economic, social & political programme for a modern democratic state.
Directive Principles of State Policy embody Welfare State and not Police State.
DPSP aim at realizing justice, liberty, equality & fraternity as mentioned in the Preamble.
Non-justiciable. Not legally enforceable by the courts for their violation or non-implementation.
DPSPs help the courts in examining and determining the constitutional validity of a law.
SC: Any law for implementing Directive Principles of State Policy need to be reasonable in relation to Article 14 & 19.

CLASSIFICATION OF DIRECTIVE PRINCIPLES OF STATE POLICY: SOCIALIST, GANDHIAN, & LIBERAL PRINCIPLES CLASSIFIED #

The Constitution does not specify classification of principles. But on the basis of content, these are classified into socialist, Gandhian and liberal-intellectual.

Reflects ideology of Socialism. Framework of democratic socialist state. To Provide social & economic justice.

ARTICLE	DESCRIPTION
Article 38	Promote the welfare of the people by securing a social order permeated by justice-social, economic and political and to minimize inequalities in income, status, facilities and opportunities (Added by 44th Amendment)
Article 39	TO SECURE: State policy must secure adequate means of livelihood. Equitable distribution of resources among all. Prevention of concentration of wealth and means of production. Equal pay for equal work for men and women. Preservation of health and strength of workers and children against forcible abuse. Opportunity for healthy development of children (42nd Amendment)
Article 39A	To promote equal justice & to provide free legal aid to the poor (42nd Amendment).
Article 41	Right to work, education, and public assistance in event of unemployment, old age, sickness.
Article 42	Provision for just & humane conditions of work & maternity relief.
Article 43	To secure living wage, decent standards of life & social and cultural opportunities for all workers.
Article 43A	Take steps to secure participation of workers in the management of industries (42nd Amendment).
Article 47	To raise the level of nutrition and the standard of living of the people & to improve public health.

Based on Gandhian Ideology. Represent the programme of reconstruction enunciated by Gandhi during the National Movement.

Article	Description
Article 40	To organize village Panchayats (grass root level democracy).
Article 43	Promote cottage industries on an individual or cooperation basis in rural areas.
Article 43B	To promote voluntary formation, autonomous functioning, democratic control & professional management of Co-operative Societies (97th Amendment 2011).
Article 46	To promote educational and economic interests of SCs, STs and other weaker sections of society + to protect them from social injustice and exploitation.
Article 47	Prohibit the consumption of intoxicating drinks and drugs
Article 48	Prohibit the slaughter of cows and improve their breeds

Also Read: AMENDMENT OF THE CONSTITUTION PROCESS: UNDERSTANDING CHANGES

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3. LIBERAL-INTELLECTUAL: CIVIL RIGHTS, EDUCATION, AND ENVIRONMENTAL PROTECTION #

Article	Description
Article 44	Uniform Civil Code
Article 45	To provide early childhood care & education for all children until they complete the age of 6 years (86th amendment 2002).
Article 48	To organize agriculture and animal husbandry on modern & scientific lines.
Article 48A	To protect & improve the environment and to safeguard forests & wild life (42nd Amendment 1976).
Article 49	Protect monuments or historic interests which are declared to be of national importance.
Article 50	Separation of Judiciary from Executive.
Article 51	To promote International peace, maintain honorable relations between nation’s, foster respect for international laws and treaty obligations and encourage peaceful settlements.

DIRECTIVES OUTSIDE PART IV: RIGHTS, EDUCATION, AND LANGUAGE DEVELOPMENT #

Article 335 Part XVI	Claims of SCs & STs to services.
Article 350A Part XVII	Instruction in mother tongue
Article 351 Part XVII	Development of Hindi Language.

CONSTITUTIONAL BALANCE: FUNDAMENTAL RIGHTS VS. DIRECTIVE PRINCIPLES OF STATE POLICY #

Supreme Court Case	SC View
Champakam Dorairajan Case 1951	If any conflict between FR & DPSPs, FR would prevail over DPSPs. Directive Principles of State Policy can be amended by the Parliament by enacting Constitutional amendment.
Golaknath Case 1967	Parliament cannot take away any of the FR which are sacrosanct. FR cannot be amended for the implementation of Directive Principles of State Policy.
24th Amendment 1971	Parliament has the power to take away any FR by enacting Constitutional Amendment. Inserted Article 31C-Any law for implementation of A.39(b) & 39(c) shall not be void if it violates A.14 & A.19. Such laws cannot be questioned in courts.
Kesavananda Bharati Case 1973	The second provision was declared invalid. Judicial review is a basic structure.
42nd Amendment 1976	Any law for implementation of any DPSP shall not be void if it violates A.14 & A.19. DPSPs accorded primacy over A.14 & A.19.
Minerva Mills Case 1980	Above provisions under 42nd amendment declared invalid. Indian Constitution is founded on the bedrock of balance between FR & DPSP.

IMPORTANCE OF DIRECTIVE PRINCIPLES OF STATE POLICY: PILLAR OF STABILITY, RIGHTS, AND GOVERNMENT ACCOUNTABILITY #

Facilitate stability and continuity in domestic and foreign policies + supplementary to the fundamental rights + enables a favourable atmosphere for the full and proper enjoyment of the fundamental rights + enable the opposition to exercise influence and control over the operations of the government + serve as a crucial test for the performance of the government + serve as common political manifesto.

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