DPSP’s: Significance, Criticisms and Government Efforts- (Part 02)

Directive Principles of State Policy (DPSP), found in Part IV of the Indian Constitution, are guidelines aimed at creating a fair and just society. They complement Fundamental Rights by addressing socio-economic needs and influencing government policies. Though non-enforceable in courts, they shape the direction of governance and promote the concept of a welfare state.

Directive Principles of State Policy (DPSP)

Significance of DPSPs

• Complementing Fundamental Rights: They serve as supplements to citizens’ Fundamental Rights, filling gaps in Part III of the Constitution by addressing social and economic rights.
• Oversight and Opposition’s Role: Directive principles enable the opposition to influence and scrutinise the government’s actions. 
• The Opposition can critique the ruling party based on its alignment with or deviation from the Directives.
• Political, Economic, and Social Stability: Directive principles ensure stability and continuity in domestic and foreign policies across political, economic, and social domains, regardless of the ruling party’s changes.
• Evaluating Government Performance: They act as a litmus test for assessing the government’s performance. 
• People can assess government policies and programs in light of these constitutional principles.
• Common Political Guideline: Regardless of its political ideology, a ruling party must acknowledge that these principles are meant to guide and inform its legislative and executive decisions, serving as a shared political manifesto.

Criticisms of the Directive Principles of State Policy (DPSP)

The Directive Principles Of State Policy (Dpsp) In The Indian Constitution Have Faced Various Criticisms:

• Not Legally Enforceable: According to Article 37, Directive Principles are non-enforceable, i.e. lacking legal obligation. 
• Despite their noble intentions, critics argue that they lack teeth, being mere lofty aspirations without practical implementation. 

• Illogically Arranged: The formulation of Directives suffers from vagueness and repetition. 
• These principles lack proper classification and logical arrangement, leading to ambiguity in their interpretation and implementation. 
• Addressing these concerns is vital to enhance the effectiveness and clarity of these guiding principles for a more streamlined and impactful governance.
• Lack of Consistency in the Provisions: Some modern rational principles like Separation of power, uniform civil code, etc. are combined with principles based purely on sentiments like an alcohol ban and ban on cow slaughter. 
• Constitutional Conflicts: K. Santhanam has highlighted that the Directive Principles of State Policy can potentially lead to constitutional conflicts in various aspects of governance. These conflicts can arise:
• • Between the Centre and the States: The Centre can issue directives to the states regarding the implementation of these principles. 
    • In non-compliance, the Centre may take extreme measures to dismiss the state government.
  • Between the President and the Prime Minister: If the Prime Minister advocates for a bill in Parliament that violates the Directive Principles, the President, as the custodian of the Constitution, may reject the bill, emphasising the fundamental importance of these principles in the governance of the country.
  • Between the Governor and the Chief Minister: Similar constitutional conflicts can occur at the state level, where the Governor, representing the central government, may clash with the chief minister over matters related to the implementation of Directive Principles.
• Outdated Fabian Socialism: According to Sir Ivor Jennings, the Directives in the Indian Constitution reflect 19th-century English political philosophy. 
  • Part IV embodies Fabian Socialism without the socialist elements, suitable for mid-20th century India but potentially outdated in the 21st century.

• Balancing Directive Principles and Practical Governance: In essence, these potential conflicts highlight the delicate balance between the principles laid out in the Directive Principles and the practical aspects of governance. 

Government Efforts to Follow the Directives

Government Efforts: Governments have diligently strived to shape a welfare state by translating the Directive Principles into actionable measures through enforceable legislation. 

• Commitment to Social Justice and Equal Opportunities: This proactive approach signifies a commitment to social justice, equal opportunities, and overall well-being for all citizens. 

Conclusion

DPSPs play a crucial role in guiding government actions towards achieving socio-economic justice and stability. 

• Despite their non-justiciable nature, they reflect the constitutional vision of a more equitable society. 
• Their integration into policy-making highlights a commitment to ethical governance and societal well-being, bridging the gap between legal frameworks and social aspirations.

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