Directive Principles of State Policy: Significance, Classification and Impact on Social Welfare Laws

DIRECTIVE PRINCIPLES OF STATE POLICY: Origins, Importance and the Dynamics with Fundamental Rights #

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

Articles 36-51 in Part IV of the Indian Constitution outline the Directive Principles of State Policy (DPSP). Borrowed from the Irish Constitution, which in turn drew from the Spanish Constitution, these principles guide the state in policy-making and legislation, such as ensuring equal pay for equal work for men and women. Although important, they are non-justiciable and cannot be legally enforced. This topic is crucial for UPSC Mains GS-II, political science optional papers, and aspirants can download DPSP notes. This article will discuss the DPSP’s significance and its historical conflict with Fundamental Rights.

Directive Principles of State Policy: History, Objectives and Constitutional Significance #

• Part IV, spanning from 36 – 51 of constitution.
• Non-justiciable nature on recommendations of Tej Bahadur committee Report
• Source: Borrowed from Ireland, Irish constitution (1937).
• Positive Connotation: Establishes social and economic democracy.
• Promote the concept of “Welfare State” and “Inclusive Growth.”
• Precursors of “Panchayat Raj Institution” (Art. 40- Village Panchayat)
• “Fundamental in governance” and apply in policy makings—Art. 37
• “Novel features” and “Soul of constitution” of constitution—B.R Ambedkar
• DPSP is the “Conscience of constitution” —Granville Austin
• Constitutional Instructions: to the Legislature, executive and administrative of state.
• Enabling in Nature: Enables government for a comprehensive programme of social and economic justice, unlike FUNDAMENTAL RIGHTS.
• Non-justiciable, Non-self-executory, non-enforceable by court of law.
• Government can implement provisions of DPSP by legislative actions.
• “Instruments of instruction” resembles the GOI 1935.

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Factors that Influenced the Indian Constitution’s Directive Principles of State Policy #

• Idea of Instruments of instruction from GoI 1935.
• Division of Rights of an individual into two categories—justiciable (FR) and Non-justiciable (DPSPs)—recommended by B. N. Rau (Constitutional Advisor)
• Irish constitution
• Based on Socialistic and Gandhian philosophies
• The Sapru Committee Report of 1944 proposed a distinction between justiciable and non-justiciable rights.
• To fill the vacuum created by Fundamental rights (part III)- Restrictive nature.

Objectives and Intentions Behind India’s Directive Principles of State Policy #

• 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.
• In order to eradicate these evils, set forth in the very preamble, the ideals and objectives to be achieved. The intention of the constitution framers was to establish in India a democracy that was political, economic and social.
• To achieve this cherished goal, the framers were unanimous in securing to the people practically all the prevailing political, social and economic rights.These rights were, in broad terms, categorized into two groups.
  
  • Political and Civil Rights
  • Social and Economic Rights
• Political and civil rights, which were, in opinion, within the reach of the individual were provisional as fundamental rights, the second category, seen as difficult for individuals to achieve given the current situation, were called Directive Principles of State Policy.
  

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Nature and Foundational Principles of India’s Directive Principles of State Policy #

• Admixture and healthy blend of Socialist, Gandhian and Liberal principles.
• Fundamental guidelines for governance of a country.
• They are fundamental principles, as opposed to FR.
• Non justiciable, Non self-executory, non-enforceable by court of law.

Reasons Behind the Unique Status of India’s Directive Principles of State Policy #

• Justiciable nature of rights entails that citizens can move to the courts for enforcement of a particular right.
• Fundamental rights have justiciable nature. However, DPSPs kept as non-justiciable in nature attributed to following reasons –
  • Administrative and financial limitations at that time.
  • Some principles have moral connotations.
  • Inadequacy of Social development (Art. 40)Presence of vast diversity, illiteracy, poverty and backwardness in the country.

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Contemporary Relevance of India’s Directive Principles of State Policy #

• DPSPs are very broad in their content and spirit.
• Different states have varying and limited resources to fulfill the aspirations of the citizens and mandates of the constitution.
• DPSPs are complementary to the fundamental rights. So, although DPSPs are non-justiciable in nature, they fulfill their goals in a greater way.
• However, states are also taking proactive legislative and executive measures to fulfill the goals enshrined in the DPSPs and ensuring the vision of a welfare state.

Directive Principles of State Policy: Socialistic, Gandhian and Liberal-Intellectual Dimensions #

• Although Directive Principles are not categorized in the constitution based on their underlying philosophies, they can be grouped into three categories: socialist, Gandhian, and liberal-intellectual.
• Socialist Principles: These principles contemplate the ideology of socialism and lay down the framework of a democratic socialist state.
  • The concept envisages providing social and economic justice, so that the state should achieve the optimum norms of welfare state.
• Gandhian Principles: These principles embody the reconstruction program articulated by Gandhi during the national movement.
  • In order to fulfill the dreams and aspirations of Gandhi, some of his ideas were included in DPSP.
• Liberal-Intellectual Principles: These principles align with liberal ideology.

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Directive Principles of State Policy: Criticisms and Controversies in Part IV of the Constitution #

• Non-Justiciable in Nature: Non-enforceable by court of law
• Some principles are reactionary – subject to interpretation (E.g. cow slaughter)
• Unsystematic enumerations and lots of overlapping.
• Lack of clarity led to different interpretations by different govt. according to prevailing circumstances.
• Non-accountability of government for non-implementation of DPSP.
• Directives are not arranged in a logical manner based on a consistent philosophy- Jennings.
• Part IV of the Constitution expresses “Fabian Socialism without the socialism” which is less relevant in the contemporary world.
• Directives are like “a veritable dustbin of sentiments”- T. Krishnamachari.
• Directives are “Manifesto of aims and aspirations” – K C Wheare
• “A cheque on a bank, payable only when the resources of the bank permit”– K.T Shah.

Article 39 (b) and 39 (c) #

• Article 39(b): The State shall, in particular, direct its policy towards securing: that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
• Article 39(c): The State shall, in particular, direct its policy towards securing: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.

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Directive Principles of State Policy Implementation Dynamics: Potential Conflicts and Constitutional Implications #

• Governor could reserve the bill of state on the pretext of violation of provisions of the DPSPs.
• President and Union Council of ministers on reservation of the bill or giving directions.
• Union and State governments – Over implementation of provisions.
• Could invoke conflict on giving directions to the states for implementation of provisions. However, non-implementation and non-observance could result in imposition of President’s rule.
• Directions from center 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 DPSP.

Common threads between Fundamental Rights and Directive Principles of State Policy: #

• Both are borrowed features of the constitution.
• Both are directed to achieve inclusive and equitable growth of the nation.
• Both are backed by broader constitutional provisions.
• Both are critical for strengthening democratic setup in India.
• Both acts as guiding light for the judiciary to determine the constitutionality of act or order.
• The creation and goals of both Part III and Part IV of the constitution aim to address the societal concerns embedded within the constitutional drafting process.

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Interaction between Fundamental Rights and Directive Principles of State Policy in India #

CONFLICT BETWEEN FR AND DPSP – PRIMACY FOR FR or DPSP?

• Champakam Dorairajan Case (1952): Court asserted that all Fundamental Rights are superior over DPSP.
  • FR can be amended to give effect to DPSP.
• Kerala Education Bill (1957): Supreme Court had propounded the Doctrine of Harmonious Construction to avoid a situation of conflict while enforcing DPSPs and the FR.
• Golak Nath Case (1967): Court asserted that FR cannot be abridged or diluted.
  • FR are sacrosanct and absolute in nature.
• Kesavananda Bharathi Case (1973): Court asserted that Parliament can amend any part of the constitution, subject to Basic Structure of the Constitution.
  • This led to the evolution of the Doctrine of Basic Structure of the Constitution.
• Minerva Mill Case (1980): Court asserted that a law made by Parliament under Article 31C would be protected only if it is made to implement directives in Art 39(b) and 39 (c) and not any other DPSPs.

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Exceptions to Directive Principles of State Policy in the Golaknath Case (1967) #

• Laws giving effect to Art 39(b) and (c) of DPSPs should not be declared as unconstitutional and void on grounds of violation or contravention of Art 14 and 19.
• Any such law which gives effect to provisions of Art 39(b) and (c) of DPSPs shall not be questioned in a court of law.
• NOTE: Art.39 (b) and (c) can be given precedence over Art.14 (Right to Equality), Art.19 (Freedom of Speech and Expression) and not all the Directive Principles.

Constitutional Directives Beyond Directive Principles of State Policy: Art. 335, 350-A, and 351 #

• Art. 335: Claims of SCs and STs to services in consistently with the maintenance of efficiency.
• Art. 350-A: Instruction in mother tongue at the primary stage of education to children belonging to linguistic minority groups.
• Art. 351: Development of the Hindi Language by Union to promote the spread of the Hindi language and to enhance it in a way that allows it to represent all aspects of India’s diverse culture.

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Directive Principles of State Policy: Bridging Ideals and Realities in Indian Governance #

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

Significance of Directive Principles of State Policy in Indian Governance #

• Helps courts as Guiding Light in determining and examining constitutional validity of act/rules/regulation.
• Symbolizes the idea of welfare state and amplifies social and economic justice as entailed in Preamble.
• They place a moral duty on state authorities for implementation, but public opinion is the true driving force behind them.
• Serves as moral precepts for the Legislature, executive and administrative administrative branches of the state.
• They function as a Common Minimum Programme for every government, regardless of their manifestos and political ideologies.
• The Directives are the life-giving provisions of the Constitution. They constitute the stuff of the Constitution and its philosophy of social justice. – L. M Singhvi
• Directives lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’ (Fundamental rights) – B. R. Ambedkar
• Provides stability and continuity in policies despite change in governments.
• Supplements and complements Fundamental Rights (Part III).
• Serves as benchmarks and yardstick for people to gauge performance of the government.
• DPSPs are intended to be a guide, friend and philosopher of the ruling party in legislative and executive acts.
• Serves as an important tool for opposition parties to ensure accountability of executive and exercise influence and control over the government.

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MATERNITY BENEFIT ACT 2017 in Light of Directive Principles of State Policy #

• The Maternity Benefit (Amendment) Act 2017 was signed into law by the President on March 27, 2017, following its passage in Parliament. This Act introduced changes to the Maternity Benefits Act of 1961.
• This act has bearing upon 42 in DPSP – Provision for just and humane conditions of work and maternity relief.
• Aim – To regulate the employment of women during the period of childbirth. It has amended the provisions related to the duration and applicability of maternity leave, and other facilities.

Transformative Changes in the Maternity Benefit Act 2017 and Its Alignment with Directive Principles of State Policy #

• The Maternity Benefit (Amendment) Act 2017 has increased the duration of paid maternity leave available for women employees to 26 weeks from 12 weeks.
• However, for women expecting their third child or beyond, the leave duration stays the same at 12 weeks.
• Paid maternity leave can now be taken 8 weeks before the expected delivery date. Prior to the amendment, it was 6 weeks
• The Maternity Benefit (Amendment) Act 2017 has extended the benefits applicable to the adoptive and commissioning mothers and provides that women who adopt a child will be given 12 weeks of maternity leave from the date of adoption.
• The Act has introduced a provision allowing for “work from home” that can be utilized after 26 weeks of leave have expired.
• The amended Act has mandated crèche facilities for every establishment employing 50 or more employees. Women employees should be allowed to visit the facility up to four times a day.
• The amended act mandates that employers must inform women about the available maternity benefits at the time of their appointment.
  
• The act applies to all women working in factories, mines, shops, or commercial establishments with 10 or more employees.

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Maternity Benefit Act 2017: Aligning Motherhood Rights with Directive Principles of State Policy for Social Justice #

• The amended act increases maternity benefits from 12 weeks to 26 weeks, aligning with the World Health Organisation’s recommendation that children should be exclusively breastfed for the first 24 weeks.
• Extending maternity leave aims to improve child survival rates and promote the healthy development of both mother and child.
• This extension is expected to reduce the number of women leaving the workforce due to insufficient maternity leave.
• The amended act aligns with international standards, such as the Maternity Protection Convention, 2000 (No. 183), which mandates at least 14 weeks of maternity benefits.
• It introduces 12 weeks of maternity benefits for adoptive and commissioning mothers.
• With these provisions, India ranks third globally, behind Canada and Norway, in providing extensive maternity benefits to women workers.

CRITICISMS/DRAWBACKS and the Relevance to Directive Principles of State Policy #

• The increase in maternity leave could negatively impact job opportunities for women.
• The requirement of full payment of wages during maternity leave could increase costs for employers and could result in increased preference for hiring male workers.
• Various provisions of the amended act are unclear.
  • For example, the act does not specify how long the crèche facility should be available to employees.
  • There is no clarity on the availability, frequency, and extent of nursing breaks.
• The applicability of the act to the unorganized sector is also unclear.
  • It is not specified whether the act applies to enterprises with fewer than 10 employees.
• This lack of clarity is concerning because over 90% of working women in India are employed in the unorganized sector.

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WAY FORWARD #

• Increasing maternity benefits is a welcome step but the government should devise some mechanism to ensure that competitiveness of the private sector is not affected.
• The government should strive to standardize labor laws regarding maternity benefits.
  • The Employees State Insurance Act, 1948, All India Services (Leave) Rules, 1955, Central Civil Services (Leave) Rules, 1972, Factories Act, 1948, and the Unorganized Workers Social Security Act, 2008 differ in coverage, benefits, and financing.
  • These laws should be combined to ensure uniform distribution of benefits across all sectors in India.
• The amendments do not address paternity benefits.
  • Currently, paternity benefits are allowed in government jobs under leave rules and in private organizations based on internal policies.
  • The ILO recognizes men’s right to parenthood.
• Expediting implementation of labour code to reduce complexity and simplification of the regulation.

MGNREGA: Bridging Employment Gaps and Its Alignment with Directive Principles of State Policy #

• The Mahatma Gandhi National Rural Employment Guarantee Act, formerly known as the National Rural Employment Guarantee Act, was enacted on September 7, 2005, to boost employment generation and social security in India.
• It covers all districts of India except the ones with 100% urban population.
• This act envisages giving shape to Art. 41 (DPSP) – Right to work, education and public assistance in certain cases.
• Recently, on March 26th, 2020, the Finance Minister announced that workers under the MGNREGA would receive an average increase of Rs. 2000 each. This initiative was introduced to mitigate the impact of the Covid-19 outbreak.

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Empowering Rural India: MGNREGA’s Role in Fulfilling Directive Principles of State Policy #

• In 1991, the government of P.V. Narasimha Rao introduced a pilot scheme aimed at creating employment opportunities in rural areas with the following goals:
  • Employment Generation for agricultural labour during the lean season.
  • Infrastructure Development
  • Enhanced Food Security
• This scheme, initially named the Employment Assurance Scheme, transformed into the MGNREGA following its merger with the Food for Work Programme in the early 2000s.

MGNREGA’s Pursuit of Directive Principles of State Policy Objectives: #

• Provide 100 days of guaranteed wage employment to rural unskilled labour
• Increase economic security. 
• Decrease migration of labour from rural to urban areas. 
• MGNREGA differentiates itself from earlier welfare schemes by taking a grassroot – driven approach to employment generation.
• Programs under the act operate on a demand-driven basis and offer legal avenues for appeal if work is not provided or payments are delayed.
  
• The scheme is financed by the central government, covering the entire cost of unskilled labor and 75% of the material costs for projects carried out under this law.
  
• Both the central and state governments oversee projects under this act, as evidenced by annual reports compiled by the CEGC (Central Employment Guarantee Council) and the SEGC (State Employment Guarantee Councils).
  
• These reports must be presented to the legislature by the current government.

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Fostering Rural Employment and Economic Security in line with Directive Principles of State Policy #

• The scheme grants substantial authority to Gram Panchayats in overseeing public works, thereby reinforcing Panchayati Raj Institutions.
  
• Gram Sabha retains the autonomy to approve or dismiss suggestions from Intermediate and District Panchayats.
  
• It integrates accountability into its operational protocols, guaranteeing adherence and openness across all tiers.

Confluence of MGNREGA Categories: Paving the Path for Rural Development in Harmony with Directive Principles of State Policy #

• The Union Rural Development Ministry has notified works under MGNREGA, majority of which are related to agricultural and allied activities, besides the works that will facilitate rural sanitation projects in a major way.
• The projects are categorized into 10 main groups, including activities such as Watershed, Irrigation, and Flood Management Works, Agricultural and Livestock Projects, Fisheries and Coastal Area Initiatives, and Rural Drinking Water and Sanitation Projects.
  • Category A: Public works relating to natural resources management
  • Category B: Community assets or individual assets
  • Category C: Common infrastructure including for NRLM compliant self-help groups

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Bridging Employment Gaps with a Glimpse into its Socio-Economic Impact under the Directive Principles of State Policy #

• Non-revision of payment and based upon CPI-AL indicator (based upon 1980s data)
• Wages vary across state to state, and lack uniformity. In some states its even less than minimum wages act.
• Lack of regular social audit by independent auditors/agencies.
• Payments are long pending and plagued with corruption.
• Quality of assets created is not durable enough to sustain.
• Poor monitoring and evaluation mechanism to assure quality of work and proper implementation of scheme.
• Issue of fake and proxy beneficiary.

WAY FORWARD #

• Conducting regular and independent audit of the scheme.
• Revising payments from time to time along with contemporary inflationary trends.
• Enhancing durability and sustainability of the assets.
• Enhancing monitoring with technology driven solutions such as – drones, satellites, geofencing and geotagging.
• Clearance of payment on a regular basis.

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CONCLUSION #

• Since the scheme’s inception, there has been a 240% increase in employment opportunities over the past decade.
  
• The scheme has effectively promoted economic empowerment in rural India, addressing labor exploitation.
  
• It has also reduced wage instability and narrowed the gender pay disparity in the labor force.

Liquor Prohibition in India: Moral Imperatives and Pragmatic Realities in Light of Directive Principles of State Policy #

Prohibition

• Prohibition refers to the banning of manufacturing, storing, transporting, selling, possessing, and consuming alcohol and alcoholic beverages, or a period during which such activities are illegal.
  In India, alcohol consumption has consistently faced moral scrutiny, leading to calls for prohibition.
• Consequently, policies related to the consumption of alcohol are generally shaped by this moral ambiguity rather than a comprehensive liquor policy.

Liquor Prohibition and Directive Principles of State Policy – Constitutional Dimensions #

• Following Independence, the Indian government did not enforce a centralized regulation on alcohol consumption.
  
• Under the 7th schedule, alcohol for human consumption falls under the state list (entry 51), granting states the authority to enact laws and impose duties on alcoholic beverages.
  
• Article 47 of the Directive Principles of State Policy (DPSP) mandates states to improve public health and raise the standard of living by promoting nutrition and prohibiting the consumption of intoxicating drinks and harmful drugs, except for medicinal purposes.
  
• Many liquor prohibition policies are justified based on the principles outlined in Article 47.

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Prohibition Policies in India with a Focus on Directive Principles of State Policy #

• At the moment, complete prohibition is enforced in the states of Gujarat, Bihar, Nagaland, and the union territory of Lakshadweep.
• Prohibition has been in place in Gujarat since its establishment in 1960.
• The Nagaland Liquor Total Prohibition Act (NLTP) enforced a ban on the sale and consumption of alcohol in Nagaland in 1989.
• The Bihar government imposed a complete prohibition on alcohol in the state in 2016.
• Gujarat and Bihar are the states that prescribe death penalty for manufacturers, suppliers and sellers of hooch in cases of death due to spurious liquor consumption.
• Kerala currently allows alcohol to be served in three star hotels and above, bars and airports.
• In 2014, congress government in Kerala advocated for total prohibition in phased manner.
• But, the ban was eased when the left government came in power in 2016 citing loss in revenue and tourism Industry.
• In Manipur there is a partial ban in a few districts.
• Andhra Pradesh, Haryana, Tamil Nadu, and Mizoram are states that have experimented with partial or complete ban on liquor.
• In 2016, the Supreme Court banned the sale of all liquor within 500m of highways to counter drunken driving.
• However, SC later clarified that highway liquor ban imposed by it is not applicable to licensed bars and beverages outlets within the municipal area.

ARGUMENTS IN FAVOUR OF PROHIBITION with a Focus on Directive Principles of State Policy #

• To reduce crime and corruption – ADRI report on prohibition in Bihar noted there was a 6% dip in cases of kidnapping for ransom, followed by 28.3% dip in murder cases and 2.3% in dacoity.
• To reduce the state’s expenditure otherwise spent on public health and law & order.
• To improve health and hygiene – ADRI report finds an impressive rise in sale of honey (380%), cheeses (200%), buttermilk (40%), flavored milk (28.4%) and lassi (19.7%)
• To bring positive impact on women and families – ADRI report observed that 58% women feel they were given more respect and played a better role in making household decisions
• Prohibition helps money to get directed towards health and education in the family.
  • It paves way for development – A study by ADRI on Prohibition in Bihar revealed that 19% of households were able to acquire new assets using money previously spent on alcohol.
    
• In India, the general population typically drinks alcohol occasionally.
• Restricting alcohol supply would consequently reduce their consumption habits.
  
• According to NCRB data, 15 individuals perish daily – or one every 96 minutes – due to alcohol-related effects.
  
  • Numerous accidents are caused by alcohol consumption.
    
  • Alcohol consumption often leads to instances of sexual harassment against women and robberies..

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ARGUMENTS AGAINST PROHIBITION: Balancing Public Welfare and Individual Freedoms in Accordance with Directive Principles of State Policy #

• Reduction in revenue from excise, intended for welfare schemes targeting vulnerable sections, is observed.
  
• Prohibition contradicts the fundamental rights of freedom of choice and privacy..
• It is against the customary culture and tradition of many societies.
• It impacted the tourism and hospitality.
• It may lead to loss of business & investment opportunities from the states – Carlsberg, which had agreed to set up a brewery plant in Patna, had to relocate owing to Bihar liquor prohibition law.
• It causes unemployment and adversely affects the livelihoods of many.
• Instead of decreasing corruption, prohibition became a basis for corruption and black marketing in public life.
• The issue of adulterated and methanol-related alcohol consumption rises.
  
• This could potentially result in the consumption of other unregulated beverages and drugs like taadi and mahua.
• An additional expenditure in terms of investment in the personnel required to implement prohibition.

Liquor Policies: Social Welfare, Personal Liberties and the Constitutional Essence of Directive Principles of State Policy #

• Many prohibition strategies fail because they assume cutting off the supply will reduce effective demand for alcohol.
• Raise the legal drinking age and establish consistent regulations across all states.
• Prohibit marketing and advertising of alcohol to limit its reach.
• Ensure easy access and functionality of de-addiction and rehabilitation centers before implementing prohibition.
• Enforce stricter regulations to monitor methanol use and impose severe penalties for misuse.
• Consider integrating de-addiction centers with rural primary health centers.
  Invest in raising awareness about the negative effects of alcohol consumption.
• Document successful practices from NGOs and institutions for managing alcohol issues domestically and internationally.
• A pragmatic approach that accepts drinking as part of the social culture and aims to regulate it is likely to be a more effective stance rather than taking a moralistic or emotional view that views drinking as the purveyor of all evils.

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Highway Liquor Ban: Balancing Road Safety, Business Impact, and Constitutional Directives under Directive Principles of State Policy #

• In December 2016, the Supreme Court banned States and UTs from granting licences for the sale of liquor along National and State highways across the country.
• The judgment ordered that the prohibition on sale of liquor alongside highways would extend to stretches of such highways that fall within limits of municipal corporations, city towns and local authorities.
• It also ordered that no shop for sale of liquor should be visible from the National and State highways and noted that the visibility is the first temptation.
• Liquor outlets should not be directly accessible from highways or located within 500 meters from the outer edge of highways or service lanes.
  
• Chief Secretaries and State police chiefs were given one month to develop a plan for enforcing the judgment.
  
• As India is a signatory to the Brasilia Declaration on Road Safety, it is crucial to establish policy guidelines for controlling road accidents.
• Also, the excise policies of Indian states and UTs should be amended to conform to the spirit of 47 & Art. 21 of the Constitution of India.

Supreme Court’s Rationale Behind the Liquor Ban #

• SC noted that drunken driving was the main culprit behind a large number of road accidents in the country – 400 deaths take place every day on Indian roads due to accidents.
• The judgment is a result of the deep concern the court had expressed recently on the 5 lakh fatalities annually in road accidents and about 15,000-16,000 deaths were caused because of driving under the influence of alcohol.
• The court said revenue generation could not be a “valid reason” for a state or a UTs to give licence for liquor shops on highways.

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Uniform Civil Code in India (UCC): Constitutional Mandates, the Goa Model and the Role of Directive Principles in State Policy in Shaping Common Civil Laws #

• The Uniform Civil Code aims to substitute personal laws derived from the scriptures and customs of various religious communities in India with a standardized set of rules applicable to all citizens.

CONTEXT – In a recent case, the Supreme Court addressed the issue of whether succession and inheritance of a Goa domicile are regulated by the Portuguese Civil Code of 1867 or the Indian Succession Act of 1925, SC held that:

• The Constitution in 44 requires the State to strive to secure for its citizens a Uniform Civil Code(UCC) throughout India, but till date, no action has been taken in this regard.
• Hindu personal laws were codified in 1956. Yet, there has been no effort to formulate a Uniform Civil Code that applies to all citizens of the nation.
• Despite this Court’s urging in the 1985 Shah Bano case, the government has taken no action to enact a Uniform Civil Code.
  
• The Supreme Court has praised Goa as a model example where a “uniform civil code” applies to all citizens, irrespective of religion, with certain limited exceptions.

Hindu and Muslim Laws in Light of Directive Principles of State Policy #

• Matters pertaining to marriage, divorce, and inheritance fall under the Concurrent List of the Constitution.
  
• Hindu personal laws have largely been secularised and modernised through legislative measures.
  
• The Parliament codified Hindu personal laws (which also extend to Sikhs, Jains, and Buddhists) in 1956.
• This Code Bill has been split into four parts:
  • The Hindu Marriage Act, 1955
  • The Hindu Succession Act, 1956
  • The Hindu Minority and Guardianship Act, 1956
  • The Hindu Adoption and Maintenance Act, 1956
• Muslim personal laws remain largely traditional and unmodified in content and approach.
  
  • The Shariat law of 1937 regulates personal matters for all Indian Muslims.
    
  • It explicitly states that the State shall not intervene in personal disputes, instead allowing a religious authority to issue declarations based on their interpretations of the Quran and the Hadith.
    
• Christians and Jews are subject to distinct personal laws.

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Uniform Civil Code in India: Bridging the Divide and Ensuring Gender Equality Through Directive Principles of State Policy #

• The Uniform Civil Code (UCC) will ensure women’s right to equality and justice in courts of law, regardless of their religion, concerning matters such as marriage, divorce, maintenance, custody of children, inheritance rights, and adoption.
  
• In the landmark case of Mohammad Ahmed Khan v. Shah Bano Begum in 1985, the Supreme Court directed Parliament to enact a UCC.
  
• However, the government nullified the decision in the Shah Bano case with the Muslim Women (Right to Protection on Divorce) Act, 1986, which limited the rights of Muslim women regarding maintenance under Section 125 of the Code of Criminal Procedure.
• The Supreme Court in Shayara Bano Case (2017) had declared the practice of Triple Talaq (talaq-e-bidat) as unconstitutional and void.

Challenges Associated with Implementing a UCC: Balancing Constitutional Mandates and Directive Principles of State Policy #

1. Constitutional Challenges

• Freedom of religion gets into conflict with the right to equality.
  • Art. 25: lays down an individual’s fundamental right to religion.
  • Art. 26(b): upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
  • Article 29 defines the right to preserve distinct cultural identity.
    
  • These rights may clash with the principles of equality before the law as enshrined in Articles 14 and 15.
• Additionally, an individual’s freedom of religion under Article 25 is subject to considerations of “public order, health, morality.”
• In 2018, a report by the Law Commission of India stated that the UCC is “neither necessary nor desirable at this stage” in the country.
• The Commission also said “secularism cannot contradict the plurality” prevalent in the country.

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2. Social-political Challenges

• Minorities express concerns that uniformity efforts may lead to the imposition of majority culture upon them.
  
• Achieving uniformity among the diverse cultural groups in India poses significant challenges due to the country’s vast cultural diversity.
  
• The patriarchal mindset prevalent in Indian society presents a significant obstacle to the implementation of the Uniform Civil Code (UCC).

Merits of Implementing a Uniform Civil Code in India #

1. National Integration

• A uniform code is necessary to safeguard vulnerable groups in Indian society, including women and religious minorities, and to foster national unity and cohesion.

2. Simplification of Laws

• The abundance of laws results in confusion, complexity, and inconsistencies in resolving personal matters, sometimes resulting in delayed or denied justice.
• UCC will eliminate this overlapping of laws.

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3. Simplification of Indian Legal System:

• Implementing a Uniform Civil Code (UCC) will decrease litigation arising from various personal laws.
  

4. Establishing a Secular Society:

• UCC will separate law from religion, aligning with the objectives of a secular and socialist society.
  
• Moreover, it fulfills constitutional mandates under Art. 44 of DPSP.

5. Gender Justice:

• Women’s rights are often restricted under patriarchal interpretations of religious laws.
• UCC will emancipate women from patriarchal control, granting them equality and freedom.
• In the long run, UCC would undermine communal and divisive influences.

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WAY FORWARD #

• The social transition towards uniformity across diverse civil codes should be gradual and progressive, necessitating a piecemeal approach by the government.
• The government should follow the example of Goa, where a common civil code has been in place since 1867, during Portuguese colonial rule.
• While Article 44 of the Constitution advocates for a Uniform Civil Code (UCC), it should not be misconstrued as a “common law.”
• The term “uniform” implies that all communities should be governed by consistent principles of gender and human justice.
• Implementing UCC would entail modernising and humanising each personal law.
• Rather than a single common law, UCC would involve different personal laws grounded in principles of equality, liberty, and justice.
• The government needs to raise awareness among the public, especially minorities, about the significance of UCC.
• The UCC should strike a balance between safeguarding fundamental rights and respecting individuals’ religious beliefs.