DPSPs are guidelines or principles set out in Part IV (Articles 36–51) of the Indian Constitution. They aim to establish a welfare state by promoting social, economic, and political justice. Although not legally enforceable in courts (non-justiciable), they are fundamental in the governance of the country and serve as a moral compass for the State in formulating policies and laws
Article 36: Definition of 'State'
- Provision: Defines ‘State‘ as the same meaning as in Part III (Article 12), encompassing the government and Parliament of India, the government and legislature of each state, and all local authorities within the territory of India.
- Significance: This definition extends the scope of DPSPs to all organs of the State, ensuring that the principles guide all levels of governance.
Article 37: Application of Principles
- Provision: States that the DPSPs are not enforceable by any court, but they are fundamental in the governance of the country, and it is the duty of the State to apply these principles in making laws.
- Significance: While non-justiciable, this article emphasizes the importance of DPSPs in guiding legislative and executive actions.
Article 38: Promotion of Welfare of the People
- Provision: Directs the State to promote the welfare of the people by securing and protecting a social order in which justice, social, economic, and political, shall inform all the institutions of the national life.
- Significance: This article lays the foundation for a welfare state, aiming to reduce inequalities and promote justice.
Article 39: Certain Principles of Policy to be Followed by the State
1.Provision: Enumerates specific principles, including:
- Adequate means of livelihood for all citizens.
- Equitable distribution of material resources.
- Prevention of concentration of wealth.
- Equal pay for equal work for both men and women.
- Protection of health and strength of workers and children.
- Opportunities for the healthy development of children.
2. Significance: These provisions aim to establish social and economic justice by addressing disparities and promoting equality.
Article 39A: Equal Justice and Free Legal Aid
- Provision: Ensures that the operation of the legal system promotes justice on a basis of equal opportunity and provides free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
- Significance: This article emphasizes the importance of accessible justice for all, irrespective of economic status.
Article 40: Organisation of Village Panchayats
- Provision: Directs the State to take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
- Significance: This article promotes decentralization and local self-governance, empowering communities at the grassroots level.
Article 41: Right to Work, to Education, and to Public Assistance in Certain Cases
- Provision: Within the limits of its economic capacity and development, the State shall make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
- Significance: This article underscores the State’s responsibility to ensure basic rights to its citizens, contributing to social security.
Article 42: Provision for Just and Humane Conditions of Work and Maternity Relief
- Provision: Directs the State to make provisions for securing just and humane conditions of work and for maternity relief.
- Significance: This article highlights the importance of labor rights and the welfare of working individuals, especially women.
Article 43: Living Wage, etc., for Workers
- Provision: The State shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial, or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
- Significance: This article aims to improve the quality of life for workers by ensuring fair wages and decent working conditions.
Article 43A: Participation of Workers in Management of Industries
- Provision: The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments, or other organizations engaged in any industry.
- Significance: This article promotes industrial democracy and the involvement of workers in decision-making processes.
Article 44: Uniform Civil Code for the Citizens
- Provision: The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
- Significance: This article aims to promote national integration and equality by advocating for a common set of laws governing personal matters.
Article 45: Provision for Free and Compulsory Education for Children
- Provision: The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
- Significance: This article emphasizes the importance of education in empowering individuals and promoting social development.
Article 46: Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled Tribes, and Other Weaker Sections
- Provision: The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes, Scheduled Tribes, and other backward classes.
- Significance: This article aims to uplift marginalized communities by focusing on their educational and economic development.
Article 47: Duty of the State to Raise the Level of Nutrition and the Standard of Living and to Improve Public Health
- Provision: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
- Significance: This article underscores the State’s responsibility to ensure the well-being of its citizens through improved nutrition and healthcare.
Article 48: Organisation of Agriculture and Animal Husbandry on Modern and Scientific Lines
- Provision: The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines.
- Significance: This article aims to enhance agricultural productivity and sustainability through modernization and scientific methods.
Article 48A: Protection and Improvement of Environment and Safeguarding of Forests and Wildlife
- Provision: The State shall endeavor to protect and improve the environment and to safeguard forests and wildlife of the country.
- Significance: This article highlights the importance of environmental conservation and sustainable development.
Article 49: Protection of Monuments and Places and Objects of National Importance
- Provision: The State shall endeavor to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, or export.
- Significance: This article aims to preserve the cultural heritage and historical monuments of the nation.
Article 50: Separation of Judiciary from Executive
- Provision: The State shall take steps to separate the judiciary from the executive in the public services of the State.
- Significance: This article promotes the independence of the judiciary, ensuring fair and impartial justice.
Article 51: Promotion of International Peace and Security
1.Provision: The State shall endeavor to:
- Promote international peace and security.
- Maintain just and honorable relations between nations.
- Foster respect for international law and treaty obligations.
- Encourage settlement of international disputes by arbitration.
2. Significance: This article underscores India’s commitment to global peace and cooperation.
Classification of DPSPs
The Directive Principles are broadly classified into three categories:
- Socialist Principles: Aim to promote social and economic equality.
- Gandhian Principles: Inspired by Mahatma Gandhi’s ideals, focusing on rural development and self-reliance.
- Liberal-Intellectual Principles: Focus on individual rights, environmental protection, and international peace.
The tension between FRs and DPSPs arises from their differing natures:
- Fundamental Rights: Justiciable rights that protect individual liberties and are enforceable by courts.
- Directive Principles: Non-justiciable guidelines aimed at establishing a welfare state, reflecting the aspirations of the Constitution.
While DPSPs guide the State in policy-making, conflicts emerge when laws aimed at implementing DPSPs infringe upon Fundamental Rights.
Landmark Cases Addressing the Conflict
1. State of Madras v. Champakam Dorairajan (1951)
- Issue: The Madras Government Order provided caste-based reservations in educational institutions, which was challenged for violating the right to equality under Article 29(2).
- Judgment: The Supreme Court held that in case of any conflict between Fundamental Rights and DPSPs, the former would prevail.
- Impact: This decision led to the First Amendment of the Constitution, which inserted Article 15(4) to allow special provisions for the advancement of socially and educationally backward classes.
2. Minerva Mills Ltd. v. Union of India (1980)
- Issue: The constitutionality of the 42nd Amendment, which amended Article 31C to provide that laws giving effect to certain DPSPs cannot be challenged on the grounds of violation of Fundamental Rights.
- Judgment: The Supreme Court struck down the amendment, emphasizing the “harmony and balance” between Fundamental Rights and DPSPs as part of the Constitution’s basic structure. ConstitutionNet
- Impact: Reaffirmed that neither FRs nor DPSPs can be absolute; both must co-exist within the constitutional framework.
3. Kesavananda Bharati v. State of Kerala (1973)
- Impact: Established that any constitutional amendment that disturbs the balance between FRs and DPSPs is unconstitutional.
- Issue: Whether Parliament has the power to amend the Constitution, including Fundamental Rights.
- Judgment: The Supreme Court introduced the “basic structure” doctrine, ruling that Parliament cannot alter the fundamental framework of the Constitution, including the balance between FRs and DPSPs.
Doctrines and Interpretations
1. Doctrine of Harmonious Construction
This principle suggests that when there is a conflict between FRs and DPSPs, both should be interpreted in a manner that gives effect to both provisions, ensuring that neither is rendered redundant.
- Application: Courts have often employed this doctrine to uphold laws that aim to implement DPSPs, provided they do not violate the core of Fundamental Rights.
2. Basic Structure Doctrine
As established in Kesavananda Bharati, this doctrine posits that certain fundamental features of the Constitution cannot be altered by amendments.
- Relevance: It ensures that any attempt to amend the Constitution does not disturb the balance between Fundamental Rights and Directive Principles.
Balancing the Scales
The Indian judiciary has consistently emphasized the need for a balance between individual rights and the collective welfare of society. While Fundamental Rights safeguard individual freedoms, DPSPs guide the State towards achieving social and economic justice.
In recent times, Chief Justice of India B.R. Gavai highlighted the delicate task of balancing these constitutional provisions, emphasizing their equal significance in creating a just society.
Practical Applications of DPSPs
While non-justiciable, DPSPs have significantly influenced various legislations and policies aimed at promoting social and economic welfare. Some notable examples include:
- The Minimum Wages Act, 1948: Ensures fair wages for workers, aligning with the principles of adequate livelihood and equitable distribution of resources.
- The Maternity Benefit Act, 1961: Provides maternity leave and benefits, reflecting the State’s commitment to humane conditions of work and maternity relief.
- The National Legal Services Authority Act, 1987: Establishes legal aid services, promoting equal justice and free legal aid as envisaged in Article 39A.
Conclusion
DPSPs play a pivotal role in guiding the State towards the realization of a welfare society. Although not enforceable by courts, they serve as fundamental principles in the governance of the country, influencing laws and policies aimed at achieving social, economic, and political justice. Understanding these principles is crucial for students and citizens alike in comprehending the constitutional framework of India.
FAQs on Directive Principles of State Policy (DPSP)
What are DPSPs in the Indian Constitution?
They are guidelines in Part IV (Articles 36–51) aimed at establishing a welfare state.
Why are DPSPs called non-justiciable?
Because they cannot be enforced in courts, but remain fundamental in governance.
How are DPSPs classified?
They are divided into Socialist, Gandhian, and Liberal-Intellectual Principles.
What causes conflict between Fundamental Rights and DPSPs?
The clash arises as FRs are justiciable, while DPSPs are non-justiciable but direct state policy.
Which cases defined the balance between FRs and DPSPs?
Champakam Dorairajan (1951), Kesavananda Bharati (1973), and Minerva Mills (1980) shaped the balance.
