Directive Principles of State Policy (DPSP): Overview, Features and Amendments- (Part 01)

The Directive Principles of State Policy (DPSP), outlined in Part IV of the Indian Constitution (Articles 36-51), guide government actions to foster a just and equitable society. Although non-justiciable, these principles are crucial for shaping policies and ensuring socio-economic welfare. They aim to realize the ideals of justice, liberty, and equality, contrasting the colonial-era ‘Police State’ with a modern ‘Welfare State.’

Directive Principles of State Policy (DPSP)

Nature of DPSP

• • Resemble with Instrument of Instructions
    • Dr. B.R. Ambedkar aptly noted that “the Directive Principles are like the instrument of instructions,” which were issued to the Governor-General and Governors of the British-India by the British Government under the Government of India Act of 1935. 
    • The key difference is that these principles now serve as instructions to the legislature and the executive.
  • Promote Comprehensive Goals for a Democratic State: Comprehensive Program for a Democratic State: The Directive Principles encompass a comprehensive economic, social, and political program for a modern democratic State. 
    • Realizing Constitutional Ideals: Their aim is to realize the ideals of justice, liberty, equality, and fraternity as outlined in the Preamble to the Constitution. 
    • Concept of a ‘Welfare State’: They embody the concept of a ‘Welfare State,‘ which is distinct from the ‘Police State’ of the colonial era. 
    • Establishing Economic and Social Democracy: Essentially, they seek to establish economic and social democracy in the country.
  • Non-Justiciable Nature: Directive Principles are non-justiciable, meaning they are not legally enforceable by the courts for their violation. 
    • Fundamental Role in Governance: However, the Constitution (Article 37) emphasizes that 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.

• Constitutional Validity Determination: Despite being non-justiciable, the Directive Principles assist the courts in examining and determining the constitutional validity of a law. 

• • Balance Between Fundamental Rights and DPSPs: In the Minerva Mills case, the Supreme Court held that there is a need to maintain a delicate balance between fundamental rights and DPSPs.
  • Reasonableness of Laws Aligning with DPSPs: The Supreme Court has consistently ruled that when assessing the constitutionality of any law, if the law aligns with a Directive Principle, it may be deemed ‘reasonable’ concerning Article 14 (equality before the law) or Article 19 (six freedoms), thereby saving such a law from unconstitutionality.

Features of Directive Principles of State Policies

Article 36: Definition- In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III. 

• As per Part III Article 12,  “The State” includes the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India.
  • Article 37: Application of the principles contained in this Part—The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws.
  • Role of DPSPs in Just Governance: In our legal system, DPSP serves as the cornerstone for just governance, ensuring the integration of socio-economic justice into policies. 
    • Though non-justiciable, their moral imperative drives ethical governance.
  • State’s Responsibility and Implementation: Despite lacking legal enforceability, DPSP emphasizes the State’s responsibility to convert principles into actions, directing resources and efforts to promote justice, equality, and opportunities for all citizens.
• Example: Universal Primary Education: Every year, many children in India are forced into child labour due to poverty, depriving them of an education. 
• Although initially thought unfeasible, universal primary education became a fundamental right (Article 21A) as progress was made. 
• Now, primary education is a fundamental right (Article 21A), symbolising hope for children of age 6 yrs to 14 yrs. 
• DPSPs and Social/Economic Democracy: While Part III (Fundamental Rights)  guaranteed political democracy, Part IV (DPSPs) ensured  social and economic democracy, bridging the gaps for marginalized sections. 
• • This pivotal constitutional provision mandates the State to uplift the underprivileged, fostering an inclusive society where every citizen has equal opportunities, marking a crucial step towards a more just and equitable nation.

Constitutional Articles Related to DPSP

Directive Principles Added Through Constitutional Amendment

Directive Principles Outside Part IV 

In addition to the Directive Principles enshrined in Part IV of the Indian Constitution, there are also Directives scattered throughout other parts of the Constitution:

• Claims of Scheduled Castes and Scheduled Tribes (Article 335)
  • It is found in Part XVI, mandates that the government consider the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) when making appointments to public services and posts. 
  • This directive aims to ensure equitable representation and promote social justice.

• Instruction in Mother Tongue (Article 350-A)
  • It is located in Part XVII, and directs states and local authorities to provide adequate facilities for instruction in the mother tongue at the primary education level for children belonging to linguistic minority groups. 
  • This principle safeguards the linguistic rights of minority communities and promotes cultural preservation.

• Development of the Hindi Language (Article 351)
  • It is  found in Part XVII, places a duty on the Union to promote the spread and development of the Hindi language, enabling it to serve as a unifying medium of expression for India’s diverse cultural tapestry.

Conclusion

DPSPs are fundamental in shaping India’s governance, even though they are not legally enforceable. 

• They serve as a moral compass for policymakers, guiding them towards creating a fair and inclusive society. 
• By integrating these principles into laws, India strives to balance individual rights with social and economic justice, driving the nation towards comprehensive development and equality.

DOWNLOAD PDF