Introduction of the Directive Principle of State Policy: – Despite the fact that no court may enforce the requirements of this Part, these notions are critical to the country’s government, and it is the State’s duty & responsibility to implement them while enacting legislation.
Idea of Directive Principle of State Policy (DPSP)
The Irish Constitution inspired the notion of DPSP. While the majority of Fundamental Rights impose negative requirements on the state, DPSPs impose positive obligations on the state, but they are not legally enforceable.
Part IV of the Indian Constitution (Articles 36–51) describes the DPSP.
The execution of the Directive Principles is addressed in Art 37 of the Indian Constitution.
These ideas seek to ensure socioeconomic equality for the citizens and to create India as a social welfare state.
Relationship between F.Rs and the DPSP
The Indian constitution is a guiding principle, and all laws enacted must adhere to it.
The distinction between & DPSP
|1. Scope is limited.||1. The broad scope of DPSP is unlimited.|
|2. Protect individual rights and work at the micro-level.||2. Protect a citizen’s rights while working at a macro level.|
|3. Anyone who believes his or her rights are being infringed may seek redress in a court of law.||3. DPSP are not legally enforceable.|
Principles are classified according to their ideological background and purpose. These are principles focused on the characteristics mentioned below: –
- Principles of Socialism.
- Principles of Gandhian.
- Principles of Liberal and Intellectual.
Socialist Principles-Based Directives
- Art. 38: The State must strive to enhance the welfare of its citizens by providing social, economic, & political justice and by eliminating economic inequalities, status, facilities, & possibilities.
- Art. 39: The State shall, in particular, direct its guidelines to promote:
- Every person has the right to a sufficient source of income.
- The administration and management of material resources must be organized to benefit the common welfare.
- Equal pay for equal work should be paid to both males and females.
- The safeguarding of the workers’ strength & health.
- Childhood and adolescence are not to be exploited.
- In the case of unemployment, old age, disease, or infirmity, Art. 41 guarantees the right to labor, primary education, and public assistance.
- Art. 42: The state shall provide for reasonable and decent working conditions as well as maternity benefits.
- Art. 43: The state shall make every effort to provide a minimum living wage and an adequate standard of living to all workers.
- Art. 43A: The State shall take initiatives to ensure worker participation in industrial management.
- Art. 47: To increase people’s nutrition and living standards, as well as public health.
Gandhian Principles-Based Directives
- Art. 40: The State shall take measures to organize local panchayats as self-government bodies.
- Art. 43: The State shall make every effort to develop cottage businesses in rural areas, whether on an individual or cooperative basis.
- Art. 43B: To encourage cooperative societies’ voluntary organization, autonomous operations, democratic control of the means, and professional administration.
- Art. 46: The State shall support the education and employment economic interests of the weaker portions of the people, especially SCs, STs, as well as other weaker groups.
- Art. 47: The State shall take initiatives to enhance health of the public and forbid the consumption of intoxicating beverages and medicines that are dangerous to one ‘s health.
- Art. 48: To forbid the slaughter of calves, cows, and other goats milk and draught animals, as well as to develop their breeds.
Liberal-Intellectual Principles-Based Directives
- Art 44: The State shall make every effort to achieve for its citizens a Uniform Civil Code throughout India’s territory.
- Art. 45: All children must obtain early development care & education until they attain the age of 6.
- Art. 48: states that agriculture as well as animal husbandry should be organised in a modern & scientific manner.
- Art. 48A: To preserve and develop the environment, as well as to protect the country’s forests & wildlife.
- Art. 49: The State shall safeguard every monument or place of artistic or historical significance.
- Art. 50: The State shall take measures to separate the judicial system and the executive in the State’s public services.
- Art. 51 states that in order to establish and maintain international harmony and security, the State shall strive to:
- Encourage just and honorable international relations.
- Encourage adherence to international legislation and treaty responsibilities.
- Promote the use of arbitral proceedings as a method of resolving foreign policy disputes.
Amendments in Directive Principle of State Policy (DPSP)
The 42nd Constitutional Amendment was ratified in 1976, and it introduced the following amendments to Constitutional Provisions: –
- Art. 39A: To give free legal assistance to the poor and needy.
- Art. 43A: Workers’ participation in industrial management.
- Art 48A: To safeguard as well as develop the environment.
- 44th Constitutional Amendment was ratified in 1978. It added Sec. 2 to Art. 38, which states that “the State in particularly shall seek to minimize socioeconomic inequality in wealth/income and remove inequalities in financial status, privileges, and opportunities not only among individuals but also among communities.”
- The right to property was likewise removed from the list of F.Rs.
- The 86th Amendment Act of 2002 amended the subject matter of Art 45 and added basic education to the list of fundamental rights U/A 21 A.
Cases Involving F.Rs & the DPSP
Champakam Dorairajan v. U.O.I, 1951:
In this matter, the apex court declared that if the F.Rs and the DPSP conflicted, the Fundamental Rights would take prevail.
It said that the DPSP must be consistent with and run as a subsidiary to the F.Rs.
It also ruled that the F.Rs could be altered by Parliament by introducing constitutional amendment legislation.
Golaknath v. State of Punjab ,1967:
In this decision, the Apex court ruled that Parliament may not amend Fundamental Rights even for the implementation of DPSP.
In the Shankari Parsad case, it contradicted its own ruling.
Kesavananda Bharati v. U.O.I ,1973:
In this matter, the Apex court overruled its Golak Nath judgement, ruling that Parliament can alter/amend any provision of the Indian Constitution except the “Basic Structure.”
As an outcome, the Fundamental Right to Property (Article 31) has been abolished from the list of F.Rs.
Minerva Mills v U.O.I, 1980
The S.C, ruled in this case that while Parliament can amend any article or provision of the Indian Constitution, but it can’t amend the Constitution’s “Basic Structure“.
Conclusion of the Directive Principle of State Policy
The DPSP enshrined in our constitution are the fundamental aspects of the socioeconomic order that the framers envisioned for India.
Frequently Asked Question (FAQ’s)
Ans. The DPSP imposed on the state the obligation not just to safeguard and recognize the fundamental rights of the individual, but also to accomplish social objectives. Because fundamental rights can be enforceable in a court of law, the DPSP can be enforced to make any regulations, policies, or guidelines.
Ans. The Constitutional amendment is necessary to modify the DPSP. It requires a special majority vote in both houses of Parliament. A number of constitutional revisions have been made after independence, some of which concern DPSPs.
Ans. The DPSP includes Articles 36-51.
Ans. There are three types of DPSPs:
1. Principles of Socialism.
2. Principles of Gandhian.
3. Principles of Liberal and Intellectual.
Ans. Constitution of Ireland.
Ans. Three new DPSPs have been inserted into the existing list, and one has been amended: Ensure that children have access to opportunities for healthy growth (Art. 39) To establish equal justice and assist low-income people with free legal aid (Art.39 A).