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 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution. This article will solely discuss the Directive Principles of State Policy, its importance in the Indian Constitution and the history of its conflict with Fundamental Rights. This topic is important for UPSC Mains GS-II and also for political science optional papers and aspirants can also download the DPSP notes. It refers to the ideals that the State should keep in mind while formulating policies and enacting laws. e.g. the Government should try to ensure equal pay for equal work for men and women etc. However, they are non-justiciable and enforceable, which means the government cannot be compelled to implement them.

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
• 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 – 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.

Enroll now for UPSC Online Course

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 N. Rau (Constitutional Advisor)
• Irish constitution
• Socialistic and Gandhian philosophies
• Sapru committee Report 1944 – Division of 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.
• They, 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 political, economic and social.
• To achieve this cherished goal, the framers were unanimous to secure to the people practically all the prevailing political, social and economic rights. These rights were broadly speaking divided into two categories.
  • Political and Civil Rights
  • Social and Economic Rights
• The Political and Civil rights which were in opinion, with 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.

Enroll now for UPSC Online Classes

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

• Admixture and healthy blend of Socialist, Gandhian and Liberal principles.
• Fundamental guidelines in 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 the 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.

Enroll now for UPSC Online Coaching

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

• Directive Principles are not classified in constitution as per their underlying philosophies.
• However, they can be classified into – socialistic, 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 reflect the programme of reconstruction enunciated 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 inclined towards the ideology of liberalism.

Enroll now for UPSC Online Course

Enroll now for UPSC Online Classes

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.

Enroll now for UPSC Online Coaching

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 genesis and objectives underlying part III and part IV have common desideratum in responding to the social consciousness rest with the constitution making force.

Enroll now for UPSC Online Course

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.

Enroll now for UPSC Online Classes

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.
• 351 – Development of the Hindi Language by Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India.

Enroll now for UPSC Online Course

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 impose a moral obligation on the state authorities for their application, however, public opinion is the real force behind them.
• Serves as moral precepts for – Legislature, executive and administrative of state
• They serve as a Common Minimum Programme for every government irrespective 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) – 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.

Enroll now for UPSC Online Classes

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

• The Maternity Benefit (Amendment) Act 2017 had received Presidential assent on 27 March 2017 after being passed by the Parliament. The Act has made amendments to the Maternity Benefits Act, 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 those women who are expecting after having 2 children, the duration of the leave remains unaltered at 12 weeks.
• The paid maternity leave can be availed 8 weeks before the expected date of delivery. Before 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 an enabling provision relating to “work from home” that can be exercised after the expiry of 26 weeks leave
• The amended Act has mandated crèche facilities for every establishment employing 50 or more employees. The women employees should be permitted to visit the facility 4 times during the day.
• The amended act makes it compulsory for the employers to educate women about the maternity benefits available to them at the time of their appointment.
• The act is applicable to all those women employed in factories, mines and shops or commercial establishments employing 10 or more employees.

Enroll now for UPSC Online Coaching

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

• The amended act has raised the maternity benefits from 12 weeks to 26 weeks. This is significant and is in line with the recommendation of the World Health Organisation which says that children must be exclusively breastfed by the mother for the first 24 weeks.
• The extension in maternity leave will help in improving survival rates of children and healthy development of both mother and child.
• This will also reduce the instances of women dropping out of the labour force due to absence of adequate maternity leave.
• The amended act also falls in line with international best practices such as the Maternity Protection Convention, 2000 (No 183) which calls for at least 14 weeks of mandatory maternity benefit.
• Another significant feature is the introduction of 12 weeks of maternity benefits to the adopting and commissioned mothers.
• The amended provisions have placed India third worldwide only behind Canada and Norway globally in the amount of maternity benefits being made available to the women workers.

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

• The increase in maternity leave could also have an adverse impact on the 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.
• Moreover, various provisions of the amended act lack clarity. For instance, there is no clarity in the act regarding the time period up to which the crèche facility could be extended to the employee and also regarding the aspect of availability, frequency and extent of nursing breaks.
• The provisions regarding the applicability of the Act to the unorganized sector also remain unclear. The provisions did not clarify whether the act is applicable to the women employees in those enterprises having less than 10 employees. This is disturbing as over 90% of the working women are employed in the unorganized sector in India.

Enroll now for UPSC Online Course

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 try to bring about uniformity in labour laws about maternity benefits. The acts like 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 have differences in coverage, benefits and financing. All these laws must be amalgamated to uniformly disseminate the benefits across various sectors in India.
• Amendments are silent on provisions regarding paternity benefits. At present, paternity benefits are permitted in government jobs as a part of leave rules and in private organizations as a matter of internal policy. In this regard, ILO has recognised 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, earlier known as the National Rural Employment Guarantee Act was passed on 7th September 2005 to augment 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, the Finance Minister announced on March 26th, 2020, the workers under the MGNREGA would get a hike of Rs. 2000 each on an average. This announcement was made as an initiative towards the loss caused by the Covid-19 outbreak.

Enroll now for UPSC Online Classes

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

• In 1991, the P.V Narasimha Rao government proposed a pilot scheme for generating employment in rural areas with the following goals:
  • Employment Generation for agricultural labour during the lean season.
  • Infrastructure Development
  • Enhanced Food Security
• This scheme was called the Employment Assurance Scheme which later evolved and shaped into the MGNREGA after the 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.
• The programmes under the act are demand driven and provide legal provisions for appeal in case work is not provided or payments are delayed.
• The scheme is funded by the central government which bears the full cost of unskilled labour and 75% of the cost of material for works undertaken under this law.
• The central and state governments audit the works undertaken under this act through annual reports prepared by CEGC (Central Employment Guarantee Council) and the SEGC (State Employment Guarantee Councils).
• These reports have to be presented by the incumbent government in the legislature.

Enroll now for UPSC Online Coaching

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

• It gives a significant amount of control to the Gram Panchayats for managing public works, thus strengthening Panchayati Raj Institutions.
• Gram Sabha is free to accept or reject recommendations from Intermediate and District Panchayats.
• It incorporates accountability in its operational guidelines and ensures compliance and transparency at all levels.

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 works have been divided into 10 broad categories like Watershed, irrigation and Flood management works, Agricultural and Livestock related works, Fisheries and works in coastal areas and the Rural Drinking water and sanitation related works.
• 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

Enroll now for UPSC Online Course

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.

Enroll now for UPSC Online Classes

CONCLUSION

• Ever since the scheme was implemented, the number of jobs has increased by 240% in the past 10 years.
• The scheme has been successful in enhancing economic empowerment in rural India and helping overcome the exploitation of labour.
• The scheme has also diminished wage volatility and the gender pay gap in labour.

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

Prohibition

• Prohibition is the illegality of the manufacturing, storage in barrels or bottles, transportation, sale, possession, and consumption of alcohol including alcoholic beverages, or a period of time during which such illegality was enforced.
• In India, Alcohol consumption has always been overshadowed by a sense of moral judgment that has driven the demands 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

• In the aftermath of Independence, the Indian government did not impose a centralized regulation regarding alcohol consumption.
• Under the 7th schedule it is a subject of state list (entry 51) – “Alcohol for human consumption” a subject matter of states. This provides states the power to make laws and charge duties on alcoholic liquors for human consumption.
• 47 under DPSP directs the states to take measures to raise the level of nutrition and the standard of living and to improve public health.
• 47 directs that the state shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
• Most liquor ban policies are justified on the basis of this article.

Enroll now for UPSC Online Coaching

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.
• In Gujarat, prohibition has been implemented since its formation in 1960.
• In Nagaland, Nagaland Liquor Total Prohibition Act (NLTP) banned the sale and consumption of alcohol in 1989.
• Bihar government has put a complete prohibition of 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 – ADRI study on Prohibition in Bihar pointed out that 19% of households acquired new assets from the money they earlier splurged on alcohol.
• In India, the common mass is generally an occasional drinker. Curtailing alcohol supply will in hand curtail their drinking behavior.
• According to NCRB data, 15 people die every day – or one every 96 minutes – from the effects of drinking alcohol.
• Many accidents are fuelled by alcohol.
• Many a times it leads to sexual harassment of women and robberies.

Enroll now for UPSC Online Course

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

• Revenue from excise meant for welfare schemes to vulnerable sections is reduced.
• Prohibition is contrary to the fundamental right of freedom of choice and right to privacy as well.
• 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 problem of adulterated and methanol related consumption of liquor increases.
• It may lead to consumption of other unregulated drinks 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

• The principal reason why many prohibition strategies fail is because they seem to be based on the simplistic assumption that cutting off the supply impacts effective demand for alcohol.
• Increase legal age of drinking and bring about uniformity in the same across all the states.
• Ban marketing and advertisement of all kinds so as to contain its reach and spread.
• De-addiction and rehabilitation centers should be made easily and widely accessible and be fully functional before any decision on prohibition is taken.
• A stronger rule to monitor the use of methanol and frame policies that award a severe penalty for its diversion towards uses other than those for which it was acquired. Governments could consider linking de-addiction centers with primary health centers in rural areas.
• Invest in creating better awareness among citizens about the negative impact of alcohol consumption.
• Document good practices tried and tested by NGOs and other institutions for managing alcohol problems not only within the country but also outside the country.
• Community based approach should be adopted to tackle the problem of alcoholism.
• 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.

Enroll now for UPSC Online Classes

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.
• Neither should they be directly accessible from the highways nor should they be situated within a distance of 500 metres from the outer edge of the highways or service lanes.
• It gave the Chief Secretaries and the State police chiefs a month’s time to chalk out a plan for enforcement of the judgment.
• India being a signatory to the Brasilia Declaration on Road Safety,it is imperative that policy guidelines are framed to control 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.

Enroll now for UPSC Online Coaching

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

Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.

CONTEXT – Recently, the Supreme Court in a case concerning the question of whether succession and inheritance of a Goa domicile is governed by the Portuguese Civil Code, 1867 or the Indian Succession Act of 1925, 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. However, there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country.
• Despite exhortations of this Court in the case of Shah Bano in 1985, the government has done nothing to bring the Uniform Civil Code.
• The Supreme Court hailed the State of Goa as a “shining example” where “uniform civil code” is applicable to all, regardless of religion except while protecting certain limited rights.

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

• Personal law subjects like marriage, divorce, inheritance come under Concurrent list.
• Hindu personal laws have been by and large secularized and modernized by statutory enactments.
• Hindu personal laws (that apply also to the Sikhs, Jains and Buddhists) have been codified by the Parliament in 1956.
• This Code Bill has been split into four parts:

1. 1. The Hindu Marriage Act, 1955
   2. The Hindu Succession Act, 1956
   3. The Hindu Minority and Guardianship Act, 1956
   4. The Hindu Adoption and Maintenance Act, 1956

• On the other hand, Muslim personal laws are still primarily unmodified and traditional in their content and approach.
• The Shariat law of 1937 governs the personal matters of all Indian Muslims in India.
• It clearly states that in matters of personal disputes, the State shall not interfere and a religious authority would pass a declaration based on his interpretations of the Quran and the Hadith.
• Apart from it, Christians and Jews are also governed by different personal laws.

Enroll now for UPSC Online Course

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

• Different personal laws promote communalism and it leads to discrimination between people of different religions and between the two sexes.
• UCC will provide women with the right to equality and justice in courts of law-irrespective of their religion in matters pertaining to marriage, divorce, maintenance, custody of children, inheritance rights, adoption, etc.
• The Supreme Court for the first time directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum , popularly known as the Shah Bano case.
• However, government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986which curtailed the right of a Muslim woman for 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.
  • 25 – lays down an individual’s fundamental right to religion.
  • 26(b) – upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
  • 29 – defines the right to conserve distinctive culture.
  • These rights get into conflict with the equality before law enshrined under 14 and 15.
• Moreover, an individual’s freedom of religion under 25 is subject to “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.

Enroll now for UPSC Online Classes

2. Social-political challenges

• In the name of uniformity, the minorities fear that the culture of the majority is being imposed over them.
• Given vast cultural diversity in India, bringing uniformity among all such people will be a huge challenge.
• Patriarchal mindset of Indian society poses a big challenge in implementation of UCC.

Merits of Implementing a Uniform Civil Code in India

1. National Integration

• A unified code is imperative, both for the protection of the vulnerable sections in Indian society (women and religious minorities) and for the promotion of national unity and solidarity.

2. Simplification of laws

• Presence of so many laws creates confusion, complexity and inconsistencies in the adjudication of personal matters, at times leading to delayed justice or no justice.
• UCC will eliminate this overlapping of laws.

Enroll now for UPSC Online Coaching

3. Simplification of Indian legal system:

• UCC will lead to reduction in litigation emanating from multiple personal laws.

4. Establishing a secular society:

• UCC will de-link law from religion which is a very desirable objective to achieve in a secular and socialist pattern of society.
• Moreover, it fulfills constitutional mandates under Art. 44 of DPSP.

5. Gender justice:

• The rights of women are usually limited under the patriarchal discourse through religious laws.
• UCC will liberate women from patriarchal domination and provide them with the right to equality and liberty.
• In the long term, UCC would lead to the defeat of the communal and the divisionist forces.

Enroll now for UPSC Online Course

WAY FORWARD

• The social transformation from diverse civil code to uniformity shall be gradual and progressive. Therefore, the government must adopt a “Piecemeal” approach.
• Government must emulate Goa practice of a common civil code, which has been the law since 1867, when the state was under Portuguese colonial rule.
• Moreover, the constitution espouses the cause of UCC in its Art. 44, it shouldn’t be misconstrued to be a “common law” –
• The word uniform here means that all communities must be governed by uniform principles of gender justice and human justice.
• It will mean modernization and humanization of each personal law.
• It would mean, not a common law, but different personal laws based on principles of equality, liberty and justice.
• Government has to take steps towards increasing the awareness among the public, especially minorities, about the importance of having a UCC.
• The UCC must carve a balance between the protection of fundamental rights and religious dogmas of individuals.

DOWNLOAD PDF