Q. Directive Principles of State Policy (DPSPs), though not enforceable in court, play a crucial role in shaping and interpreting fundamental rights. Discuss with reference to the recent Karnataka High Court judgment on hookah bars. (15 M, 250 Words)

Answer:

Approach:

  • Introduction: Briefly explain the Directive Principles of State Policy (DPSPs) and their non-justiciable nature. Mention their role in guiding government policies and their connection with fundamental rights.
  • Body: 
    • Discuss how DPSPs influence state policies, focusing on social, economic, and political justice. 
    • Address their relationship with fundamental rights, citing examples from recent court cases, such as the Karnataka High Court judgment on hookah bars.​​
  • Conclusion: Summarize the importance of DPSPs in the constitutional framework. Despite being non-enforceable, explain how they guide policy-making and contribute to social justice​​.

 

Introduction:

The Directive Principles of State Policy (DPSPs), outlined in Part IV of the Indian Constitution, serve as non-enforceable guidelines for the government to promote social, economic, and political justice. Although not justiciable, they significantly impact policy-making and judicial interpretations, bridging the state’s governance objectives with the rights of citizens. These principles guide the state to achieve a welfare-oriented society.

Body:

Role of DPSPs in Policy Formulation

  • DPSPs are intended to steer the government in creating laws and policies to improve the welfare of citizens. 
  • They reflect the broader goals and aspirations of the state, covering various domains such as public health, education, and social justice​​. 
  • An example of the implementation of these principles is the recent Karnataka High Court judgment on hookah bars, where the state issued a notification banning the sale and consumption of hookah to protect public health​​.

Relationship with Fundamental Rights

  • Although DPSPs are non-enforceable, they are interconnected with fundamental rights. 
  • Initially, they were considered merely moral obligations, but over time, courts have recognized their significance in achieving the goals of fundamental rights.
  • DPSPs impose positive obligations on the state, while fundamental rights impose negative requirements, but both work towards a common goal of justice and equality​​. 
  • Cases such as Minerva Mills Ltd v. Union of India and Charu Khurana v. Union of India have emphasized the harmonious relationship between DPSPs and fundamental rights.

Challenges and Judicial Interpretation

  • One of the primary challenges of DPSPs is their non-justiciable nature, which can lead to their disregard in favor of fundamental rights. 
  • However, judicial interpretation has evolved, with the courts placing greater importance on DPSPs in balancing state objectives with individual rights. 
  • The courts now emphasize that DPSPs and fundamental rights should work in tandem to maintain the egalitarian order of society.

Conclusion:

Despite their non-enforceable nature, DPSPs are integral to India’s constitutional framework, providing a moral and political foundation for state policies. They influence legislation and judicial interpretations, fostering a welfare-oriented state. The evolution of judicial attitudes towards DPSPs demonstrates their growing significance in achieving the aims of fundamental rights and promoting social justice​. While DPSPs are not enforceable by courts, they remain a guiding light for government actions and policy decisions.

 

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Designed as per recent trends of Prelims questions
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