Directive Principles of State Policy (DPSP): Nurturing Socio-Economic Democracy and Welfare Ideals

Introduction

The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. 

• Dr B.R. Ambedkar described the DPSP as the ‘novel feature’ of the Indian Constitution. 
• Along with the Fundamental Rights, it contains the philosophy of the Constitution and is the soul of the Constitution. 
• Source: Borrowed from the Irish Constitution, which had copied it from the Spanish Constitution.
• Resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act 1935.
• DPSP lays down the goal of Indian polity as ‘Socio-economic democracy’ as distinguished from ‘Political democracy’.
• Granville Austin: DPSP + FR = Conscience of the Constitution.
• Article 37: These principles are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws. [UPSC 2013]
• Exceptions to DPSP: 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 Articles 14 and 19.
• Minerva Mills Case (1980): Harmony and balance between FR and DPSP are an essential feature of the basic structure of the Constitution.

Features of Directive Principles of State Policy

• Comprehensive Framework: DPSPs constitute a very comprehensive economic, social & political programme for a modern democratic state.
• Constitutional Guidance: Constitutional instructions or recommendations to the State in legislative, executive and administrative matters. [UPSC 2020]
• Scope of “State”: The phrase ‘State’ includes legislative and executive organs of the central and state governments, all local authorities and all other public authorities in the country.
• Political Sanction: 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 (which is positive in nature, unlike FR, which is negative in nature). [UPSC 2015]
• Complementary Rights: 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.
• Sir B.N. Rau (Constitutional Advisor): Recommended that the rights of an individual should be divided into two categories- justiciable and non-justiciable, which was accepted by the Drafting Committee (chaired by: Ambedkar).
• Welfare State: DPSPs embody a ‘Welfare State’ and not a Police State. [UPSC 2020, 2015]
• Aligned with the Preamble: DPSP aims 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. [UPSC 2020, 2015]
• DPSPs in Judicial Review: DPSPs help the courts in examining and determining the constitutional validity of a law.
• SC: Any law for implementing DPSPs needs to be reasonable in relation to Articles 14 & 19.

Classification of Directive Principles of State Policy

• The Constitution does not specify the classification of DPSPs. On the basis of content, these are classified into Socialist, Gandhian and Liberal-intellectual.

SOCIALIST

Reflects ideology of Socialism, lays down the framework of a democratic socialist state, aims at providing social and economic justice, and sets the path towards a welfare state.

GANDHIAN

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

LIBERAL INTELLECTUAL:

To represent the ideology of liberalism.

Amendment To Directive Principles of State Policy: New Directive Principles

Importance/Significance of DPSP

• Supplementary Rights: Supplementary to the fundamental rights, it provides stability and continuity in domestic and foreign policies.
• Supportive Environment: Enables a favourable atmosphere for the full and proper enjoyment of fundamental rights.
• Fostering Democratic Oversight: Enable the opposition to exercise influence and control over the operations of the government.
• Performance Evaluation: Serve as a crucial test for the performance of the government as well as a common political manifesto.

Directives outside PART IV

Conflict between Fundamental Rights and DPSP

Difference between Fundamental Rights and DPSPs

Conclusion

• The Directive Principles of State Policy serve as guiding principles for governance, advocating social, economic, and political justice. 
• While not legally enforceable, they represent a moral commitment by the state to pursue policies that promote the welfare of its citizens and establish an equitable society.

DOWNLOAD PDF