INTRODUCTION

Articles 36-51 under Part 4  of the Constitution of India Indian specifically deals with  Directive Principles of State Policy and its short form is DPSP.  As our Constitution of India is also known as the bag of borrowings as they are borrowed from the Constitution of Ireland, which had copied it from the Constitution of Spain. This article will specifically talk about the Directive Principles of State Policy, its significance in the Indian Constitution, and the historical backdrop of its conflict with Fundamental Rights.

The Sapru Committee in 1945 proposed two classifications of individual rights. One being justifiable and the other being non-justifiable rights. The justifiable rights, as we probably are aware, are the Fundamental rights, while the non-justifiable ones are the Directive Principles of State Policy.

DPSP are goals that are intended to be remembered by the state when it plans approaches and institutes laws. There are different definitions of Directive Principles of State which are given below:

  • They are an instrument of directions that are listed in the Government of India Act, 1935.
  • They look to set up economic and social democracy based system in the nation.
  • DPSPs are beliefs that are not legitimately enforceable by the courts for their violation or infringement.

Indian Constitution has not initially ordered DPSPs yet based on their substance and bearing, they are generally characterized into three kinds

  • Socialistic Principles,
  • Gandhian Principles and,
  • Liberal-Intellectual Principles

SOCIALISTIC PRINCIPLES

  • Definition: They are the rules or principles that aim at providing social and economic justice and set the way towards the welfare state. Under different articles, they direct the state to:
  • Article 38: Promote the welfare of individuals by making sure about a social order through justice —social, monetary, and political—and to limit disparities in income, status, facilities, and opportunities
  • Article 39: Secure residents:

    • Right to satisfactory methods for livelihood for all residents
    • Equitable Distribution of material resources of the community for the benefit of all
    • Prevention  of concentration of wealth  methods for production
    • Equal pay  for equivalent work for people irrespective of their gender
    • Preservation of the health and strength of laborers and children against forcible maltreatment
    • Opportunities for the solid improvement of children
  • Article 39A: Promote justice and free legal guide to poor people
  • Article 41: In instances of unemployment old age, disease and disablement, secure residents:

    • Right to work
    • Right to education
    • Right to public assistance,
  • Article 42: Make provisions for humane conditions of work and maternity relief
  • Article 43: Secure a living wage and a good standard of living and social and cultural opportunities for all workers
  • Article 43A: Take appropriate steps  to secure  the interest of laborers in the proper administration of industries
  • Article 47: Raise the degree of nutrition and the standard of life of individuals and to improve public health

DPSP GANDHIAN PRINCIPLES

Definition: These standards depend on Gandhian philosophy used to speak to the program of reconstruction articulated by Gandhi during the national movement. Under different articles, they direct the state to:

  • Article 40: Organise village  panchayats and supply them with fundamental authorities and power to empower them to work as units of self-government
  • Article 43: Promote house enterprises on an individual or co-operation premise in rural areas
  • Article 43B: Promote cottage industries, self-ruling working, democratic and professional administration of co-operative societies 
  • Article 46: Promote the educational and financial interests of SCs, STs, and other more vulnerable areas of the general society and to shield them from social unfairness and abuse
  • Article 47: Prohibit the utilization of intoxicating beverages and drugs which are very injurious to the health of an individual
  • Article 48: Prohibit the butcher or slaughter of cows, calves, and other milch and draught cattle and to improve their breed.

DPSP  LIBERAL INTELLECTUAL PRINCIPLES

Definition: These standards reflect the philosophy of liberalism. Under different articles, they direct the state to:

  • Article 44: Secure for all residents a uniform common code  for all through the nation
  • Article 45: Provide appropriate childhood care and also  education for all children until they complete the age of six years
  • Article 48: Organize agriculture and animal husbandry on current and scientific  lines
  • Article 49: Protect monuments, places, and objects of creative or artistic or noteworthy interest which are pronounced to be of national significance
  • Article 50: Separate the judiciary from the executive in the public administrations of the State
  • Article 51: Promote international peace and  harmony and security and also maintain good and  honourable relations between countries
  • Encourage settlement for global law and treaty obligations
  • Encourage settlement of worldwide debates by arbitration

FACTS RELATED TO DIRECTIVE PRINCIPLES OF STATE POLICY

  • Another DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to minimize and restrict inequalities in income, status, facilities, and opportunities.
  • The 86th Amendment Act of 2002 changed the topic of Article 45 and made elementary education a fundamental right under Article 21A. The revised mandate requires the State to give childhood care and education for all children until they complete the age of 14 years.
  • Another DPSP under Article 43B was added by the 97th Amendment Act of 2011 identifying with co-operative societies. It requires the state to promote voluntary formation, self-governing working, democratic control, and professional administration of co-operative societies.
  • The Indian Constitution under Article 37 clarifies that DPSPs are key in the administration of the nation and it will be the obligation of the state to apply these standards in creating laws.

ANALYSIS OF DIRECTIVE PRINCIPLES OF STATE POLICY

As a state of discussion, the accompanying reasons are expressed for the analysis of Directive Principles of State Policy:

  • It has no legal force
  • It is not properly arranged and it is illogically arranged
  • It is conservative in nature
  • It might produce constitutional conflict between the central government  and state government

DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DPSP

FUNDAMENTAL RIGHTS

DPSP

     IT COMES UNDER PART 3 OF THE CONSTITUTION OF INDIA FROM ARTICLE 12 TO 35

1.     IT COMES UNDER PART 4 OF THE CONSTITUTION OF INDIA FROM ARTICLE 36 TO 51

    THE WELFARE OF EAH AND EVERY CITIZEN IS PROMOTED THROUGH THE CONCEPT OF FUNDAMENTAL RIGHTS

2.THE WELFARE OF ENTIRE COMMUNITY IS PROMOTED THROUGH DPSP

     VIOLATION OF FUNDAMENTAL RIGHTS IS PUNISHABLE UNDER LAW

3.VIOLATION OF DPSP IS NOT PUNISHABLE

    FUNDAMENTAL RIGHTS ARE ENFORCEABLE IN NATURE

4.THEY ARE UNENFORCEABLE IN NATURE

     THEY ARE BORROWED FROM CONSTITUTION OF UNITED STATES OF AMERICA

5.THEY ARE BORROWED FROM CONSTITUTION OF IRELAND

     THEY ARE SUSPENDED DURING THE TIMES OF EMERGENCY EXCEPT ARTICLE20 AND 21

6.THEY CAN NEVER BE SUSPENDED UNDER ANY CIRCUMSTANCES.

 

CASE LAWS

Champakam Dorairajan Case (1951)[1]

High Court decided that regardless of contention between Fundamental Rights and DPSPs, the provisions of the fundamental rights would win. DPSPs were viewed to run as an auxiliary or as a subsidiary to Fundamental Rights. SC additionally decided that Parliament can alter or amend  Fundamental Rights through the constitutional amendment act to implement DPSPs.

Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955), and the Seventeenth Amendment Act (1964) to implement a portion of the Directives.

Golaknath Case (1967)[2]

High Court decided that Parliament can't revise or amend Fundamental Rights to implement Directive Principles of State Policy.

 Parliament established the 24th Amendment Act 1971 and the 25th Amendment Act 1971 pronouncing that it can violate or take away any of the Fundamental Rights by authorizing Constitutional Amendment Acts. 25th Amendment Act embedded another Article 31C containing two provisions:

No law which tries to execute the socialistic Directive Principles indicated in Article 39 (b)22 and (c)23 will be void on the ground of contradiction of the Fundamental Rights given by Article 14 equality under the steady gaze of law and equal protection of, Article 19 (protection of six rights in regard of speech, assembly, movement) or Article 31 (right to property).

No law containing a revelation for offering impact to such policy will be addressed in any court on the ground that it doesn't offer impact to such a policy.

Kesavananda Bharti Case (1973)[3]

High Court precluded the second provision of Article 31C added by the 25th Amendment Act during the Golaknath Case of 1967. It named the provision illegal. However, it held the principal provision of Article 31C valid and it was held constitutional.

Through the 42nd amendment act, Parliament expanded the extent of the principal provision of Article 31C. It concurred the situation of legitimate power and incomparability to the Directive Principles over the Fundamental Rights gave by Articles 14, 19, and 31.

Minerva Mills Case (1980)[4]

High Court held the extension of Article 31C made by the 42nd amendment act unlawful and invalid. It made DPSP subordinate to Fundamental Rights. High Court likewise held that 'the Indian Constitution is established on the harmony and peace and balance between the Fundamental Rights and the Directive Principles.

High Court's decisions following the case were:

Fundamental Rights and DPSPs establish the core of the obligation to social revolution. The peace, balance, and harmony between Fundamental Rights and Directive Principles of State Policy is a basic component of the basic structure of the Constitution.  The objectives set out by the Directive Principles must be accomplished without the abrogation or violation of the methods given by the Fundamental Rights.

CONCLUSION

The importance of DPSPs can't be looked down on because it isn't enforceable in any courtroom. These standards were added to encourage the administration and smooth working of the nation. It was added to meet the principles objectives and a definitive objective of a nation i.e to work for the welfare of its residents. There are some significant Acts in which DPSP can be implemented so we can't state that DPSPs are not implemented and have no significance at all.

It resembles a structure given for the government and it should work and detail new laws rotating around that structure just so the welfare of all the individuals be guaranteed. Each strategy and law detailed by the state needs to fulfill the guidelines which are referenced in Part IV of the Constitution.

Consequently, even after being non-justiciable, they are executed in some significant Acts and they hold equivalent pertinence and significance as Fundamental rights referenced in Part III of the Constitution of India.

REFERENCES

[1] The State Of Madras vs Srimathi Champakam 1951 AIR 226

[2] I. C. Golaknath & Ors vs State Of Punjab & Anothers1967 AIR 1643

[3] Kesavananda Bharati  vs State Of Kerala Writ Petition (civil)  135 of 1970

[4] Minerva Mills Ltd. & Ors vs Union Of India 1980 AIR 1789


About the Author: This post is prepared by Gaurav Purohit, Law Student from Amity University, Rajasthan. He can be reached at gaurav.purohit2000@gmail.com co- authored by Sachin Purohit, Law Student at Jai Narain Vyas University. He can be reached at sachinpurohit460@gmail.com

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