DIRECTIVE PRINCIPLES OF STATE POLICY |
- Borrowed from Irish Constitution of 1937.
- B.R. Ambedkar: DPSPs=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 DPSPs 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.
FEATURES OF DPSPs: |
- Constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
- DPSPs resemble the ‘Instrument of Instructions’ enumerated in GoI Act 1935.
- DPSPs constitutes very comprehensive economic, social & political programme for a modern democratic state.
- DPSPs 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 DPSPs need to be reasonable in relation to Article 14 & 19.
CLASSIFICATION OF DPSPs: |
- Constitution does not specify classification of principles. But on the basis of content, these are classified into socialist, Gandhian and liberal-intellectual.
1. SOCIALIST: |
Reflects ideology of Socialism. Framework of democratic socialist state. To Provide social & economic justice.
ARTICLE | DESCRIPTION |
Article 38 |
|
Article 39 |
TO SECURE:
|
Article 39A |
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Article 41 |
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Article 42 |
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Article 43 |
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Article 43A |
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Article 47 |
|
2. GANDHIAN: |
Based on Gandhian Ideology. Represent programme of reconstruction enunciated by Gandhi during the National Movement.
Article | Description |
Article 40 |
|
Article 43 |
|
Article 43B |
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Article 46 |
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Article 47 |
|
Article 48 |
|
3. LIBERAL-INTELLECTUAL: |
Article | Description |
Article 44 | Uniform Civil Code |
Article 45 |
|
Article 48 |
|
Article 48A |
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Article 49 |
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Article 50 |
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Article 51 |
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DIRECTIVES OUTSIDE PART IV:
Article 335 Part XVI |
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Article 350A Part XVII |
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Article 351 Part XVII |
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CONFLICT BETWEEN FUNDAMENTAL RIGHTS & DPSPs: |
Supreme Court Case | SC View |
Champakam Dorairajan Case 1951 |
|
Golaknath Case 1967 |
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24th Amendment 1971 |
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Kesavananda Bharati Case 1973 |
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42nd Amendment 1976 |
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Minerva Mills Case 1980 |
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IMPORTANCE OF DPSP: |
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.