Directive Principles of State Policy

Directive Principles Of State Policy

The Directive Principles of State Policy (DPSPs) are enshrined in Part IV of the Indian Constitution, from Articles 36 to 51. They are a set of guidelines and principles that the state is expected to follow while formulating policies and enacting laws. They represent the ideals of justice, liberty, equality, and fraternity that the Constitution aims to achieve.

Nature of DPSPs:

• Non-justiciable: Unlike Fundamental Rights, DPSPs are not directly enforceable by any court. This means citizens cannot directly approach the courts for the enforcement of these principles if the state fails to implement them.
• Guiding Principles: They are considered fundamental in the governance of the country and are instrumental in the formation of laws by the state.
• Ambitious Goals: They set out the socio-economic and political goals that the state should strive to achieve, aiming for a welfare state and a just society.
• Enforceable by Legislature: While courts cannot enforce them directly, the principles are intended to be implemented through legislation passed by Parliament and state legislatures.

Categorization: DPSPs can be broadly categorized based on their ideological underpinnings:

• Socialistic Principles: Aim to establish a social and economic order based on equality and social justice (e.g., equal distribution of resources, adequate means of livelihood, equal pay for equal work).
• Gandhian Principles: Reflect Gandhi's ideology, focusing on issues like promoting village industries, organizing village panchayats, promoting prohibition, and improving the condition of cattle.
• Liberal-Intellectual Principles: Aim to establish a liberal and intellectual society (e.g., uniform civil code, separation of judiciary from executive, promoting international peace).

Purpose: They serve as a 'conscience' of the Constitution, guiding the state towards establishing a welfare society and promoting the common good.

What Do The Directive Principles Contain?

The DPSPs cover a wide range of areas aimed at creating a just and equitable society:

• Welfare of the People: The state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice—social, economic, and political—shall inform all the institutions of national life (Article 38).
• Economic Justice: Ensuring equitable distribution of material resources, preventing concentration of wealth, equal pay for equal work, and providing adequate means of livelihood.
• Social Justice: Promoting harmony, ending discrimination, protecting women, children, and socially/educationally backward classes.
• Right to Work, Education, and Public Assistance: The state shall endeavour to secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
• Living Wage, Healthy Environment: Ensuring decent work conditions, living wages, full enjoyment of leisure, and preserving public health and the environment.
• Village Panchayats: Organizing village panchayats and endowing them with powers to function as units of self-government.
• Uniform Civil Code: The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
• Protection of Environment and Forests: Protecting the environment, forests, wildlife, and the sanctity of the country's natural heritage.
• Protection of Monuments: Conserving places of historical and national importance.
• Separation of Judiciary from Executive: Taking steps to separate the judiciary from the executive in the public services of the State.
• Promotion of International Peace: Endeavouring to promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration.

Relationship Between Fundamental Rights And Directive Principles

Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) are two integral parts of the Indian Constitution, representing different aspects of the nation's goals. Their relationship has been a subject of much discussion, interpretation, and amendment.

• Complementary Nature: FRs represent the fundamental rights guaranteed to citizens, while DPSPs are directives to the state to achieve certain socio-economic goals. Together, they aim to establish a just and welfare-oriented society. FRs ensure political freedom, while DPSPs aim for socio-economic justice.
• Justiciable vs. Non-Justiciable: FRs are justiciable, meaning they can be enforced by the courts. DPSPs are non-justiciable, meaning they cannot be enforced by courts, but they are still considered fundamental in the governance of the country.
• Conflict and Harmony: In several instances, there has been a perceived conflict between FRs and DPSPs. For example, state actions taken to implement DPSPs (like land reforms or reservations) sometimes appeared to impinge upon certain FRs (like the right to property or equality of opportunity).
• Judicial Resolution: The judiciary has played a crucial role in harmonizing the relationship between FRs and DPSPs. The courts have generally held that:
  • DPSPs are meant to supplement FRs, not override them.
  • In the case of conflict, FRs (being justiciable) would generally prevail.
  • However, the state can impose reasonable restrictions on FRs to implement DPSPs, provided such restrictions are reasonable and in the public interest.
  • The Directive Principles have been used by the judiciary to interpret Fundamental Rights broadly.
• Amendments: Several amendments have been made to give effect to DPSPs, sometimes by modifying or curtailing certain Fundamental Rights (e.g., the First Amendment which curtailed the right to property to enable land reforms).

Overall Goal: The ultimate aim is to achieve the constitutional goals of justice, liberty, equality, and fraternity, with FRs acting as immediate guarantees and DPSPs as guiding principles for long-term social and economic transformation.

Right To Property

Initial Position: Initially, the Right to Property was a Fundamental Right under Article 31, guaranteeing protection against deprivation of property except by authority of law and requiring compensation.

Conflict with DPSPs: This right often came into conflict with the state's efforts to implement socialist DPSPs, such as land reforms and the nationalization of industries, as these measures required acquiring private property, often with compensation disputes.

Judicial Intervention: The Supreme Court, in cases like State of Madras v. Champakam Dorairajan and Golaknath v. State of Punjab, held that Parliament could not amend Fundamental Rights to implement DPSPs.

Parliament's Response:

• First Amendment (1951): Placed land reform laws in the Ninth Schedule, which immunizes them from judicial review, thereby overcoming judicial objections based on FRs.
• Twenty-Fifth Amendment (1972): Introduced Article 31C, which stated that laws made to implement DPSPs specified in clauses (b) and (c) of Article 39 could not be declared void on the ground that they violate Articles 14, 19, or 31.
• Forty-Fourth Amendment (1978): Removed the Right to Property from the chapter on Fundamental Rights. It made it a constitutional right under Article 300-A, stating that no person shall be deprived of his property save by authority of law. It also altered the compensation clause in Article 31, removing the word "compensation" and substituting it with "amount," and removed the protection of Ninth Schedule laws from judicial review if they violated Article 14.

Current Status: The Right to Property is now a legal right, not a fundamental right, although it remains an important constitutional right. It ensures that property can be acquired by the state for public purposes, but only through due process of law and with fair compensation.