The Directive Principles of State Policy were incorporated in Part IV of the Constitution to establish the values of social and economic democracy as laid down in the Preamble of the Constitution. To suit the political climate and specific demographic needs of the country, the makers of our Constitution borrowed concepts from different constitutions of the world. In furtherance of the same approach, the DPSPs have also been taken from the Irish Constitution in 1937. It became a dream of the newly independent nation to take into account the diverse challenges ranging from social to economic inequalities in a diverse nation like India and Dr B.R. Ambedkar viewed these principles as 'novel features of the Constitution of India.
The DPSPs & Fundamental Rights originated from the same report i.e. the Nehru Report of 1948.[1] The Nehru Report of 1948 incorporated the fundamental rights and other rights such as the Right to Education which were not enforceable at that time in the Swaraj Constitution of India. The Directive Principles were incorporated in accordance with the premise that all rights have corresponding duties. The Principles, although non-enforceable, set several long-term goals for the government to achieve through its policies keeping in mind the greater interest of the common man.
Types of DPSP
There is no rigid classification of DPSP in the Indian Constitution. However, DPSPs can be classified into the below-mentioned categories according to their nature:-
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Socialistic Principles (Article 38- 47)
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Gandhian Principles (Article 40-48)
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Liberal-Intellectual Principles (Article 44-51)
Socialistic Principles
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Article 38 aims to promote the welfare of the people by promoting a social order through social, economic, and political justice, Article 39 aims to provide all citizens with an adequate means of livelihood, and Article 39 A aims to promote equal justice and provide free legal aid to the poor.
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Article 41: To ensure the right to work, education, and public aid in the event of unemployment, old age, sickness, or disability.
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Article 42: To provide for reasonable and humane working conditions and maternity leave.
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Article 43: To ensure an acceptable living level, a living wage, and social security. In rural areas, the state will foster cottage enterprises on an individual or cooperative basis.
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Article 43 A: To take initiatives to ensure workers' participation in industrial management.
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Article 47: Improve public health by improving people's diet and standard of living.
Principles of Gandhi
These concepts were based on Gandhi's reconstruction agenda during the national movement. Some of Gandhi's ideas were included in DPSPs to help realise his dreams, and they direct the state through the following articles:
1. Article 40: To establish village panchayats and provide them with the necessary authorities and authority to function as self-governing bodies
2. Article 43: To encourage cottage enterprises on a personal level.
3. Article 43 B: To promote cooperative societies' voluntary formation, autonomous functioning, democratic control, and professional administration.
4. Article 46: To promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other socially vulnerable groups, as well as to safeguard them from social injustice and exploitation.
5. Article 47: To make it illegal to consume intoxicating beverages and medicines that are harmful to one's health.
6. Article 48: To prohibit the killing of cows, calves, and other milch and draught cattle, as well as to enhance the breeds of these animals
Liberal-Intellectual Principles
These principles lean toward the ideology of liberalism and ensure a decent standard of life for all citizens and the preservation of society in general-
1. Article 44: To ensure a consistent civil code throughout the country for all citizens.
2. Article 45: Ensure that all children receive early childhood care and education until they reach the age of six.
3. Article 48: To modernize and scientifically organize agriculture and animal husbandry.
4. Article 48 A: To safeguard woods and wildlife, as well as to protect and improve the environment.
5. Article 49: To safeguard monuments, sites, and objects of aesthetic or historic significance designated as national treasures.
6. Article 50: To separate the judiciary from the executive branch of government in the public sector.
7. Article 51: To promote international peace and security and to maintain just and honourable relations among nations; to promote respect for international law and treaty commitments; and to support the arbitration of international disputes.
Enforceability of DPSP
Though DPSP was incorporated in the constitution, it was not made enforceable by the Constituent Assembly in any court of law, even though this does not mean that the principles are of any less importance.
The above-mentioned point has remained a point of discussion among constitutional experts. Those who opine in favour of the enforceability of DPSP argue that enforceability of DPSPs create an added pressure on the government to carry out its responsibilities in a comprehensive and time-bound manner. For example, implementing Article 44 of the Constitution which envisages the Uniform Civil Code which aims for uniform provisions of civil law for all citizens of the country irrespective of their caste, creed, religion or beliefs, is the need of the hour.[2]
On the other hand, those who do not support enforcement of DPSPs, argue that these principles do not need enforcement in the Constitution as there already exist a plethora of laws which indirectly implement the provisions mentioned in the principles. E.g. Article 40[3] of The Constitution which deals with the Panchayati Raj system was introduced through the 74th Constitutional Amendment. It is evident that the currently prevailing system of local self-government in the country is efficient and stable. Another subsequent argument against the enforcement of DPSP is that it imposes moral policing on the citizens of the country.
Statutes vis-a-vis DPSP
From 1950 onwards, a number of statutes and policies were enacted to give effect to the Directive Principles. These are the following statutes which tried to incorporate some or other directive principles of State policy.
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The Minimum Wages Act (1948)
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Child Labour Prohibition and Regulation Act (1986)
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The Maternity Benefit Act (1961)
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Equal Remuneration Act (1976)
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For the growth of cottage industries in the country, boards such as the Handloom Board, Handicrafts Board, Coir Board, Silk Board, and others have been established.
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Integrated Rural Development Programme (1978)
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Jawahar Rozgar Yojana (1989)
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Swarnajayanti Gram Swarozgar Yojana (1999)
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Sampoorna Gram Rozgar Yojana (2001)
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Mahatma Gandhi National Rural Employment Guarantee Programmes (2006)
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The National Forest Policy (1988)
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The Prevention of Atrocities Act protects the rights of SCs and STs.
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Several Land Reform Acts.
Difference Between Fundamental Rights And Directive Principles Of State Policy
As aforementioned, there are certain core points of comparison between the Fundamental Rights and Directive Principles of State Policy:
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The Fundamental Rights are rights available to the citizens of India, so in that sense, they represent an individualistic approach. They are the basic rights of every individual citizen in the country and they can be enforced against another individual or the State if violated. The Directive Principles represent a more social approach intended for the welfare of the whole population of the country instead of individuals.
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The scope of Fundamental Rights is essentially limited, because granting limitless rights to the citizens may result in anarchy. They are to be read strictly. However, the scope of Directive Principles is limitless. They can be read and interpreted extensively and can give birth to more principles.
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If any law is violative of the Fundamental Rights, a court can declare that law as being unconstitutional and invalid. But the courts do not have the power to declare any law violative of a Directive Principle to be unconstitutional or invalid. However, a law can be upheld by a court if it gives effect to a Directive Principle.
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Fundamental Rights can be suspended during a period of emergency, except the Fundamental Right to Life and Personal Liberty, which cannot be suspended even in an emergency. Directive Principles can never be suspended or restricted, under any circumstance.
Challenges faced by Directive Principles of State Policy
From a prima facie analysis, the importance of DPSP often gets undermined because they do not carry any weight or consequence in a court of law. In fact, it is often argued that DPSP is a mere declaration and that the prerogative of securing the principles completely lies with the state. Also, there is no limit or extent put on these principles.
Many critics believe that the Preamble should include all of the aims listed in the DPSP, and that their description in Part IV has made matters even more convoluted. Directive principles just give the idea that the State is using legitimate power, with the goal of gaining support through promises rather than inaction.
DPSP vis-a-vis Judicial Pronouncements
The debate over whether Fundamental Rights come before DPSPs or whether the latter takes a higher position than the former has given rise to several debates over the years. The following are some major judicial pronouncements that have attempted to solve this question:
The Kerala Education Bill, ... vs Unknown 1959 1 SCR 995[4]
The court stated that if a dispute emerges between Fundamental Rights and DPSPs, the harmony between the two should not be disrupted; nevertheless, if the disagreement persists after applying the theories of interpretation, the former should be upheld and given priority over the latter, i.e. DPSP.
I. C. Golaknath & Ors vs State Of Punjab & Anrs 1967 AIR 1643[5]
The Court ruled that when making any law or policy for the country, Parliament cannot limit fundamental rights. It further said that if a law is enacted to give effect to Article 39 (b) and (c) of Part IV of the Constitution, and if Article 14, Article 19, or Article 31 are broken in the process, the law cannot be deemed unlawful only because of the violation.
Keshavnanda Bharati vs the State of Kerala Writ Petition (Civil) 135 of 1970[6]
In the landmark judgment of Kesavananda Bharti vs the State of Kerala, the Supreme Court gave DPSPs precedence over Fundamental Rights. This was mainly because the purpose of the Directive Principles is to fix certain social and economic goals for immediate attainment by bringing about a non-violent social revolution. Through such a social revolution the Constitution seeks to fulfil the basic needs of the common man and to change the structure of our society. It aims at making the Indian masses free in a positive sense.
Unni Krishnan, J.P. And Ors. Etc. ... vs State Of Andhra Pradesh And Ors 1993 AIR 2178[7]
Fundamental Rights and Directive Principles, according to the Court, are complementary rather than exclusive. The Court stated that the Fundamental Rights are the means by which the Part IV goals can be met.
Conclusion
The importance of DPSPs cannot be discounted simply because they are not enforceable in any court of law. These principles were included to aid in the country's governance and seamless operation. It was added to satisfy a country's primary objectives and the ultimate goal of working for the well-being of its population. It is as if the government has been given a structure to function inside, and it should only work within that structure to protect the welfare of the people. Every policy and law enacted by the government must adhere to the principles outlined in Part IV of the Constitution.
[1] https://indiankanoon.org/doc/1933556/
[2] The Constitution of India,1950 art. 44
[3] The Constitution of India, 1950, art. 40
[4]The Kerala Education Bill, ... vs Unknown 1959 1 SCR 995
[5] I. C. Golaknath & Ors vs State Of Punjab & Anrs 1967 AIR 1643
[6] Keshavnanda Bharati vs the State of Kerala Writ Petition (civil) 135 of 1970
[7] Unni Krishnan, J.P. And Ors. Etc. ... vs State Of Andhra Pradesh And Ors. .1993 AIR 2178
