Directive Principles of State Policy [Polity for UPSC]

 

INTRO

DPSP - Art. 36-51 - Part IV

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CHARACTERISTICS OF DPSP's

-> Ideals to be followed by the State

-> Limitation on arbitrary exercise of power

-> Non-Enforceable

-> Not legal but 'political' and 'moral' in nature

-> Comprehensive Coverage (economic, social and political)

-> Amplification of Preamble

-> Moral Obligation

-> Estalish a Welfare State

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CLASSIFICATION AND DETAILS OF DIRECTIVE PRINCIPLES

1. SOCIALISM

-> Establish a Welfare State 

-> Provides social justice

-> Provide Economic Justice

-> Minimize in-equalities

-> Article 38, 39, 39A, 41, 42, 43, 43A, 47

-> Article 38 - State to secure a social order for the promotion of welfare of the people

-> Article 39 - Certain principles of policy to be followed by the State

-> Article 39A - Equal justice and free legal aid

-> Article 41 - Right to work, to education and to public assistance in certain cases

-> Article 42 - Provision for just and humane conditions of work and maternity relief

-> Article 43 - To secure Living wage

-> Article 43A - Participation of workers in management of industries

-> Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health

2. GANDHIAN

-> Truth and non-violence

-> Satyagraha

-> Sarvodya

-> Swaraj

-> Truteeship - Socio-economic philosophy

-> Swadeshi

-> Article 40, 43, 43B, 46, 47, 48

-> Article 40 - Organisation of village panchayats

-> Article 43 - Promote cottage industries on an individual or co-operative basis in rural areas

-> Article 43B - Promotion of co-operative societies

-> Article 46 - Promotion of educational and economic interests of SCs, STs and other weaker sections

-> Article 47 - Prohibit the consumption of intoxicating drinks and of drugs which are injurious to health

-> Article 48 - Prohibiting the slaughter, of cows and calves and other milch and draught cattle

3. LIBERAL-INTELLECTUAL

-> Concept of Liberalism

-> Concept of Secularism

-> Uniform Ciliv Code

-> Article 44, 45, 48A, 49, 50, 51

-> Article 44 - Uniform civil code

-> Article 45 - Provision for early childhood care and education to children below the age of six years

-> Article 48 - Organisation of agriculture and animal husbandry

-> Article 48A - Protection and improvement of environment and safeguarding of forests and wild life

-> Article 49 - Protection of monuments and places and objects of national importance

-> Article 50 - Separation of judiciary from executive in public services of State

-> Article 51 - Promotion of international peace and security

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NEW DPSP ADDED

1. By 42nd Amendment Act, 1976 - Article 39(f), 39A, 43A, 48A

2. By 44th Amendment Act, 1978 - Article 38(1)

3. By 86th Amendment Act, 2002 - Article 45

4. By 97th Amendment Act, 2011 - Article 38(1)

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CONFLICT BETWEEN FRs & DPs

-> Champakam Dorairajan case (1951)

-> Golaknath case (1967)

-> 24th Amendment Act, 1971

-> Kesavananda Bharati case (1973)

-> 42nd Amendment Act, 1976

-> Minerva Mills case (1980)

-> Final status of FR’s and DPSP’s with respect to each other

> They form an integrated scheme

> They are not supplementary but complementary in nature 

> Together they provide the basis for inclusive democracy in India 

> Supreme Court has pronounced the doctrine of Harmonious Construction

> FR’s have a superior legal status but it doesn’t undermine the importance of DPSP’s

> Over a period of time by using the doctrine of “liberal interpretation” Supreme Court has included number of directive principles under Article 21

> To examine the validity of a particular law giving effect to directive principles which abridge FR’s, SC applies the doctrine of –

- Basic Structure and

- The Golden Triangle of rights – Article 14, 19, and 21

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DIFFERENCE BETWEEN FRs & DPs

-> Focus

> FR - Individual Centric

> DP - Group Centric

-> Enforceability

> FR - Justiciable

> DP - Non-Justiciable

-> Outcome

> FR - Political democracy & gives civil right

> DP - Socio-economic democracy

-> Philosophy

> FR - Liberalism

> DP - Welfare State, Fabian Socialism, Gandhism, Environmentalism, Internationalism

-> Nature

> FR - Neagtive

> DP - Positive

-> Sanction

> FR - Legal Sanctions

> DP - Moral and Political Sanctions

-> Court Power

> FR - Court can declare a law violative of any of the FR as unconstitutional and invalid

> DP - Court cannot declare a law violative of any of the DP as unconstitutional and invalid

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REASONS BEHIND DPs BEING MADE NON-JUSTICIABLE

a) The country did not possess sufficient financial resources to implement them

b) The presence of vast diversity and backwardness in the country would stand in the way of their implementation

c) The newly born independent Indian State with its many preoccupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them

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SIGNIFICANCE OF DPSPs

-> They are like an ‘Instrument of Instructions’ or general recommendations

-> They have served as useful beacon-lights to the courts

-> They form the dominating background to all State action, legislative or executive and also a guide to the courts in some respects

-> They amplify the Preamble

-> They facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres in spite of the changes of the party in power

-> They are supplementary to the fundamental rights of the citizens

-> Their implementation creates a favourable atmosphere for the full and proper enjoyment of the fundamental rights by the citizens. Political democracy, without economic democracy, has no meaning

-> They enable the opposition to exercise influence and control over the operations of the government

-> They serve as a crucial test for the performance of the government

-> They serve as a common political manifesto

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CRITICISM OF DPSPs

-> No Legal Force

-> Illogically Arranged

-> Lack of Clarity 

-> Conservative

-> Constitutional Conflict

-> Not Practical in Nature

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DIRECTIVES OUTSIDE PART IV

-> Claims of SCs and STs to Services (Article 335 in Part XVI)

-> Instruction in Mother Tongue (Article 350A in Part XVII)

-> Development of the Hindi Language (Article 351 in Part XVII)