Directive Principles of State Policy in India: Governance, Challenges, and Impact

“DPSPs are not justifiable in court of law, but they are justiciable in court of peoples”

Directive Principles of State Policy in India: Guiding Governance and Ideals #

Directive Principles of State Policy (DPSP) are the guidelines to be followed by the government of India for the governance of the country. Directive principles of state policy denote the ideals that the State should keep in mind while formulating policies and enacting laws.

Directive Principles of State Policy (DPSP): Architecting a Welfare State through Social Justice #

• Mentioned in Part IV, ranging from Article 36 – 51 of Constitution of India.
• Positive Connotation: Enables government to frame comprehensive programmes of social and economic justice, unlike FR, which has negative connotation.
• Advocate for the ideals of a “Welfare State” and “Inclusive Growth.”
• B.R Ambedkar called Directive principles of state policy as “Novel features” and “Soul of constitution”.
• Granville Austin called DPSP and FR as the “Conscience of constitution”.

Framing Democracy and Rights through Directive Principles of State Policy

• Recognition of National Challenges: The founding fathers were aware of the drawbacks the country had been suffering from, such as poverty, unemployment, lack of education, social, economic, and political backwardness. 
• Founding Fathers’ Vision: They, in order to eradicate these evils, set forth in the very preamble, the ideals and objectives to be achieved. 
  • Their intention was to establish in India a political, economic and social democracy.
• Collective Determination of the Framers: To achieve this cherished goal, the framers were unanimous in securing to the people practically all the prevailing political, social and economic rights. 
• Classification of Rights: These rights were broadly divided into two categories:
• Political and Civil Rights
• Social and Economic Rights
• Fundamental Rights: The Political and Civil rights, which in their opinion were within the reach of the individual, were provisional as fundamental rights and 
  • The latter being considered beyond individual’s reach under the prevailing circumstances, were titled as Directive Principles of State Policy.

Features and Significance of Directive Principles of State Policy #

• Guidelines to State: These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
  • It includes central and state governments, all local authorities and all other public authorities).
• Instrument of Instructions: These resemble  Instructions that were issued to Governor general and Viceroy under GOI Act 1935. 
  • According to B R Ambedakar, these are now instructions to the legislature and the executive. 
• Not a Police State: DPSP are social and political programmes for a modern democratic State. 
  • They represent the idea of a ‘welfare state’ rather than a ‘police state,’ which prevailed during the colonial era.
  • They aim at realising ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.
• Fundamentals in Governance: They are not legally enforceable by the courts for their violation. 
  • However, Article 37 itself says that these principles are fundamental in the governance of the country .
  • It shall be the duty of the State to uphold these principles while formulating laws.
• Non-Self- Executory: Directive principles of state policy can be implemented by the government through legislative actions.

Political Force Behind Non-Justiciable Directive principles of state policy #

• Non Justiciable: Division of Rights of an individual into two categories – Justiciable (FR) and Non-justiciable (Directive principles of state policy) – Recommended by B.N. Rau (Constitutional Advisor) 
  • Justiciable part fused into Fundamental Rights.
  • The Non Justiciable part formed the Directive principles of state policy.
• Pious Aspirations: Ivor Jennings said Directive principles of state policy represent pious aspirations and it is difficult for any state to implement these directives.
• A Paragraph of Generalities: K. C. Wheare calls Directive principles of state policy as a paragraph of generalities. If the legislature wants to implement these directives then there would be conflict with Fundamental rights.
• Political Sanction: Directives were made non-justiciable and non enforceable, but Article 37  makes it clear that these principles are fundamental in the governance of the country and it shall be the duty of the state to uphold these principles while formulating laws. 
  • Thus, Directive principles of state policy put a moral obligation on the state for their application, the real force behind them is political (public opinion).
  • Alladi Krishna Swamy Ayyar said no ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV of the Constitution.
  • In the Constituent Assembly, Dr. B R Ambedkar remarked that a government reliant on popular vote is unlikely to disregard the Directive Principles when formulating its policies.
  • Government has to answer people before the  electorate at election time if Directive principles of state policy are ignored by the government.
• Constitutional Pragmatism: Makers of the constitution made DPSP not justiciable and non enforceable because the newborn  country at that time did not possess enough financial resources as well large size of country and backwardness could make Directive principles of state policy difficult to implement.
  • DD Basu viewed that Directive principles of state policy can be enforced.
  • He was of the view that if states are not implementing these policies, then the central government can issue administrative directions under Article 256 and 257 of the constitution.
  • If the state fails to implement these directives then a warning can be issued under Article 365, and may lead to invoking Article 356 against the concerned state government.
• Thus, there is no legal sanction for Directive principles of state policy under the constitution. Only political sanctions are there behind implementation of Directive principles of state policy.

Criticism of Directive Principles of State Policy (Part-IV): Legal Constraints, Ambiguities, and Relevance in Modern Governance #

• Lack of Legal Binding: DPSP are non-Justiciable in nature hence can not be enforceable by court of law.
• Ambiguity Challenges: Lack of clarity led to different interpretations by different govt. according to prevailing circumstances.
  • Lack of Consistent Explicitness and Proper Classification in DPSP. 
• Non-accountability of government for non-implementation of Directive principles of state policy.
• Conservative: According to Jennings, Directives are based on the political philosophy of 19th-century England.
  • Determining their suitability for the twenty-first century remains unanswered; however, it is quite likely that they will become enitrely outdated
• Sir Ivor Jennings: Part IV of the Constitution expresses “Fabian Socialism without the socialism” which is less relevant in the contemporary world.
• Illogically Arranged: According to Jennings, Directives are not arranged in a logical manner based on a consistent philosophy.
• Incomplete Observance: Part IV includes some directives which are not complete in actual observation.
  • Example: The states which introduced prohibition had to scrap it later on and  also there is no proper check on illegal trade of intoxicating drinks in these states.
• Some principles are reactionary – subject to interpretation (E.g. cow slaughter)
• T.T. Krishnamachari: Directives are like “a veritable dustbin of sentiments”.
• K C Wheare: Directives are “Manifesto of aims and aspirations”.
• K.T Shah: “A cheque on a bank, payable only when the resources of the bank permit”.

Centre-State Struggles and Fiscal Challenges in Implementing Directive Principles of State Policy #

• According to Santhanam, Directives lead to a constitutional conflict between the Centre and the states, between the President and the Prime Minister, and between the governor and the chief minister.
  • In case of non-compliance with the centre directive for the implementation of these principles, the Central government can dismiss the state government.
  • The Prime Minister gets a bill passed by the Parliament ((which violates the Directive Principles), the president may reject the bill on the ground that these principles are fundamental to the governance.
  • Similarly, the Governor could reserve the bill of state on the pretext of violation of provisions of the Directive principles of state policy.
• Fiscal Strain: Directions from centre to state could also strain the fiscal position of the state which has lesser economic resources for implementation of schemes and programmes to give practical shape to Directive principles of state policy.

Importance of Directive Principles of State Policy in Evaluation, Welfare, and Progress #

• Facilitating Citizen Evaluation: Helps citizens to assess the work done and policies implemented by the incumbent government.
• Safeguarding Citizen Welfare: Ensures welfare of the citizens in particular and society at large.
• Promoting Inclusive Growth: Ensures inclusive, equitable growth and helps in reducing inequality among citizens.
• Legislative Framework for Citizen Welfare: Provides a framework for enactment of various legislations which benefits citizens in various ways. E.g. MGNREGA, Panchayati raj system, Maternity Benefit Act.
• Progressive Development: It ensures progressive development and fulfillment of the aspirations of the citizens.

Significance of Directive Principles of State Policy in Guiding, Welfare and Ensuring Accountability in Indian Democracy #

• Guiding Constitutional Adjudication: Helps courts as guiding light in determining and examining constitutional validity of act/rules/regulation.
• Emblem of a Welfare State: Symbolizes the idea of welfare state and amplifies social and economic justice as entailed in Preamble.
• Moral Obligation/Political Force: They impose a moral obligation on the state authorities for their application, however, public opinion is the real force behind them.
• Common Minimum Programme: They serve as a Common Minimum Programme for every government irrespective of their manifestos and political ideologies.
• According to L. M Singhvi: The Directives are the life-giving provisions of the Constitution. They form the stuff of the Constitution and its ethos of social justice.
• According to  B.R. Ambedkar: Directives lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’ (Fundamental rights).
• Ensuring Policy Continuity: Provides stability and continuity in policies despite change in governments.
• Benchmarks for Public Evaluation: Serves as benchmarks and yardstick for people to gauge performance of the government.
• DPSPs as Guides: Directive principles of state policy are intended to be a guide, friend and philosopher of the ruling party in legislative and executive acts.
• Opposition’s Tool for Accountability: Serves as an important tool for opposition parties to ensure accountability of executive and exercise influence and control over the government.