Introduction to DPSPs
Part IV (Articles 36-51) of the Indian Constitution enshrines the Directive Principles of State Policy (DPSP), a unique set of non-justiciable guidelines for the State. Inspired by the Irish Constitution and the 'Instrument of Instructions' from the Government of India Act, 1935, DPSPs aim to establish a 'welfare state' and achieve socio-economic democracy in India.
Though not enforceable by courts, they are considered 'fundamental in the governance of the country' (Article 37) and serve as a moral and political compass for legislative and executive actions. The interplay between DPSPs and Fundamental Rights has been a dynamic area of judicial interpretation, culminating in the understanding that they are complementary and aim to create a harmonious balance for societal progress.
Concept, Philosophy & Objectives
Irish Inspiration
The framers of the Indian Constitution were inspired by the Directive Principles of Social Policy in the Irish Constitution of 1937.
Instrument of Instructions
DPSPs resemble the 'Instrument of Instructions' issued to the Governor-General and Governors of the colonies under the Government of India Act, 1935, serving as guidelines to the executive and legislature.
Aim: Welfare State
DPSPs aim to transform India into a 'welfare state' by promoting the well-being of its citizens, embodying a comprehensive socio-economic programme.
Social & Economic Democracy
Crucial for bridging the gap between rich and poor, they aim for social (equality, non-discrimination) and economic democracy (equitable distribution of wealth), complementing Fundamental Rights' political democracy.
Article 37: Fundamental, Not Justiciable
"The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws." This makes them morally binding.
Key Features of DPSPs
- Positive Obligations: Unlike Fundamental Rights which are mostly negative injunctions (prohibiting the state), DPSPs are positive obligations, requiring the state to do certain things (e.g., provide free legal aid, organize village panchayats).
- Non-Enforceable by Courts: Article 37 explicitly states they are not enforceable by any court. This means a person cannot go to court if the government fails to implement a DPSP.
- Wide Scope: They cover a wide range of socio-economic principles including social justice, economic equality, environmental protection, international peace, etc., outlining a broad framework for governance.
- Guide for Governance: They serve as a guide for the Parliament (in making laws), the Executive (in implementing policies), and even for the Judiciary (in interpreting laws and the Constitution, especially in relation to Fundamental Rights).
Classification of DPSPs
Though not constitutionally classified, for better understanding, DPSPs are generally categorized:
Socialistic Principles
- Art 38: Promote welfare by securing a social order, minimize inequalities.
- Art 39: Adequate livelihood, equitable resource distribution, prevent wealth concentration, equal pay.
- Art 39A (42nd Amdt): Equal justice, free legal aid.
- Art 41: Right to work, education, public assistance (unemployment, old age).
- Art 42: Just & humane work conditions, maternity relief.
- Art 43: Living wage for workers.
- Art 43A (42nd Amdt): Worker participation in industry management.
- Art 47 (part): Raise nutrition, standard of living, public health.
Gandhian Principles
- Art 40: Organization of village panchayats.
- Art 43 (part): Promote cottage industries.
- Art 43B (97th Amdt): Promotion of co-operative societies.
- Art 46: Promote educational/economic interests of SCs, STs, weaker sections.
- Art 47 (part): Prohibition of intoxicating drinks/drugs.
- Art 48 (part): Prohibition of cow slaughter.
Liberal-Intellectual
- Art 44: Uniform Civil Code (UCC).
- Art 45 (86th Amdt): Early childhood care & education up to 6 years.
- Art 48 (part): Organize agriculture & animal husbandry on modern lines.
- Art 48A (42nd Amdt): Protect & improve environment, safeguard forests/wildlife.
- Art 49: Protection of national monuments.
- Art 50: Separation of judiciary from executive.
- Art 51: Promote international peace & security.
Evolution of DPSPs: Amendments
The original list of DPSPs has been periodically expanded to reflect evolving societal needs.
42nd Amendment Act
- Art 39(f): Healthy development of children.
- Art 39A: Equal justice & free legal aid to the poor.
- Art 43A: Participation of workers in management of industries.
- Art 48A: Protect and improve the environment, safeguard forests and wildlife.
44th Amendment Act
- Art 38(2): Minimize inequalities in income, status, facilities, and opportunities.
86th Amendment Act
Art 45: Changed its subject matter from "free & compulsory education for all children until 14 years" to "provision for early childhood care and education for all children until they complete the age of six years." (Right to education for 6-14 years moved to FR Art 21A).
97th Amendment Act
- Art 43B: Promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies.
Sanction & Criticism
Sanction Behind DPSPs
- Moral Sanction: Represents the moral conscience and aspirations of the nation. Governments cannot afford to ignore them completely.
- Political Sanction: Strong political weight. Disregarding them risks electoral mandate. As Dr. B.R. Ambedkar put it, "a government which rests on DPSP will not be removed in the next election."
- Indirect Judicial Sanction: While not justiciable, courts interpret laws and even Fundamental Rights in light of DPSPs, thereby giving them indirect legal weight.
Criticism of DPSPs
- Not Justiciable: This is the primary criticism. Critics call them "pious aspirations," "moral homilies," or "a cheque on a bank, payable only when the bank has resources" (K.T. Shah).
- Illogically Arranged: Critics argue that they are not logically classified or arranged systematically.
- Conservative: Some critics view them as conservative, reflecting the nineteenth-century philosophy and ideals.
- Constitutional Conflict: Concerns have been raised about potential conflicts between Centre-States, or President-PM/Governor-CM.
Utility & Significance
Guide for State Action
They serve as a constant reminder to the executive and legislature about the goals of the welfare state.
Amplify Preamble
They elaborate on the ideals of Justice, Liberty, Equality, and Fraternity, providing a concrete framework.
Policy Continuity
Despite changes in ruling parties, DPSPs provide a broad continuity in the direction of state policy.
Supplement FRs
They complete the vision by aiming for social and economic democracy, complementing political democracy.
Yardstick for Govt.
The public can evaluate the performance of a government based on its efforts to implement the DPSPs.
Aid Judicial Interpretation
Courts use DPSPs to interpret Fundamental Rights and other constitutional provisions.
FRs vs. DPSPs: Judicial Evolution
The relationship between justiciable Fundamental Rights and non-justiciable DPSPs has been a dynamic area of judicial scrutiny.
Champakam Dorairajan (1951)
Ruling: Supreme Court held that in case of any conflict, Fundamental Rights would prevail. DPSPs were subservient to FRs.
Parliament's Response: 1st Constitutional Amendment Act, 1951, was passed to overcome this judgment, adding Article 15(4) to enable reservations for backward classes.
I.C. Golaknath (1967)
Ruling: The Supreme Court held that Fundamental Rights are sacrosanct and immutable and cannot be amended by Parliament (through Article 368) to implement DPSPs.
Parliament's Response: The 24th (affirming Parliament's power to amend FRs) and 25th (adding Article 31C) Constitutional Amendments were passed to overcome this judgment.
25th Amendment Act (1971) - Art 31C
Stated that any law made to give effect to the Directive Principles contained in Article 39(b) and (c) cannot be challenged on the grounds that it violates Fundamental Rights conferred by Articles 14, 19, or 31. It also made such a law immune from judicial review.
Kesavananda Bharati (1973)
Ruling: The Supreme Court upheld the first part of Article 31C (primacy of 39(b) and (c) over 14, 19) but struck down the second part (immunity from judicial review).
Crucial Ruling: Introduced the 'Basic Structure Doctrine', stating that the harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the Basic Structure of the Constitution.
Minerva Mills (1980)
Ruling: Struck down the extension of Article 31C (made by 42nd Amendment) which sought to protect *any* DPSP law from Articles 14 and 19.
Reaffirmed: Strongly reaffirmed that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. They are complementary and should be interpreted harmoniously.
Current Position: Only Article 39(b) and (c) have primacy over Articles 14 and 19.
DPSP Implementation
Despite being non-justiciable, many DPSPs have been implemented through legislative and executive actions.
Laws for abolition of Zamindari system, tenancy reforms, land ceiling laws (to promote equitable distribution of land) implemented in line with Art 39(b) & (c).
- Minimum Wages Act, 1948 (Art 43)
- Factories Act, 1948 (Art 42, 43)
- Maternity Benefit Act, 1961 (Art 42)
- Equal Remuneration Act, 1976 (Art 39(d))
The 73rd Constitutional Amendment Act, 1992, and 74th Constitutional Amendment Act, 1992, gave constitutional status to Panchayats and Municipalities, respectively, fulfilling the spirit of Article 40 (Organisation of village panchayats).
- Right of Children to Free and Compulsory Education (RTE) Act, 2009, implemented Article 21A (converted from Art 45 DPSP). Also addresses Art 45 (early childhood care).
- Wildlife Protection Act, 1972
- Forest Conservation Act, 1980
- Environment (Protection) Act, 1986
- National Green Tribunal (NGT) Act, 2010
- These are aimed at implementing Article 48A (Protection and improvement of environment).
- Legal Services Authorities Act, 1987, established a nationwide network to provide free legal services, fulfilling Article 39A.
- Reservation policies for SCs, STs, OBCs (Articles 15, 16) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Art 46).
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, aims to provide a right to work and ensure a living wage, fulfilling the spirit of Article 41 (Right to work) and Article 43 (Living wage).
Article 44: "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India."
One of the most debated DPSPs, yet to be fully implemented. It aims to replace diverse personal laws (marriage, divorce, inheritance, adoption) based on religion with a common set of laws.
Key Cases: Shah Bano case (1985) and Sarla Mudgal case (1995) urged Parliament to enact UCC.
Recent Discussions: Uttarakhand became the first state to pass a UCC Bill (February 2024), sparking renewed national discussion on its feasibility and implications.
Directives Beyond Part IV
Besides Part IV, some other Directives are also present in other parts of the Constitution. Though not part of DPSPs, they are principles for the governance of the country.
Art 335 (Part XVI)
Claims of SCs and STs to services and posts shall be taken into consideration, consistently with the maintenance of efficiency of administration.
Art 350A (Part XVII)
Endeavour of every state and local authority to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.
Art 351 (Part XVII)
Duty of the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India.
Deep Dive & Contemporary Relevance
DPSPs as the Conscience of the Constitution
Beyond their non-justiciable nature, DPSPs are the 'positive' obligations of the state, guiding legislative and executive actions towards achieving the ideal of a welfare state. They represent the socio-economic revolution envisioned by the framers, complementing the political democracy ensured by Fundamental Rights.
The Dynamic Harmony between FRs and DPSPs
The evolution of judicial interpretation (from Champakam Dorairajan's supremacy of FRs to Kesavananda Bharati's Basic Structure doctrine emphasizing balance, and Minerva Mills' bedrock principle) is a testament to the constitutional dynamism. This harmony is crucial, allowing for both individual liberty (FRs) and collective welfare (DPSPs), and enabling the state to bring about social reform without arbitrary curtailment of rights.
Challenges in Implementation
- Resource Constraints: Lack of sufficient financial resources often hinders full implementation.
- Political Will: Governments may lack the political will to enact challenging reforms (e.g., UCC, land reforms).
- Conflicting Interests: Implementing certain DPSPs might conflict with vested interests or existing social practices.
- Balance with Fundamental Rights: The constant tension between state action for welfare (DPSP) and individual rights (FR) requires careful legislative and judicial navigation.
Contemporary Relevance
- Welfare Schemes: The vast array of government schemes (e.g., Ayushman Bharat, PM-KISAN, Jal Jeevan Mission) are direct manifestations of the state's commitment to implementing various DPSPs for social, economic, and health welfare.
- Environmental Policy: Increased focus on environmental protection and sustainable development (e.g., National Clean Air Programme, climate change commitments) directly aligns with Article 48A.
- Social Justice Debates: Ongoing discussions on reservation policies and sub-categorization reflect the constitutional commitment to achieving social and economic justice (Arts 38, 39, 46).
- International Peace: India's active role in international forums and its Neighbourhood First policy align with Article 51.
- Uttarakhand's UCC Bill (Feb 2024): A significant step towards implementing Article 44, sparking renewed national discussion on personal laws.
- Focus on Cooperative Societies: Establishment of Ministry of Cooperation (2021) aligns with Article 43B, emphasizing this DPSP.
- Digital Personal Data Protection Act, 2023: While primarily linked to Fundamental Right to Privacy (Art 21), it indirectly reinforces the DPSP objective of ensuring welfare (Art 38) by safeguarding individual data rights.
"The Directive Principles are like the conscience of the Constitution, which guides the State in its actions."
- Dr. B.R. Ambedkar (Paraphrased)