Introduction
Part IV of the Constitution contains the Directive
Principles of State Policy, which act as
fundamental principles to guide the functioning of the State. It
contains articles from 36 to 51. The framers of the constitution borrowed these
principles from the Iris constitution. These principles are fundamental in nature, and they
lay down that it shall be the duty of the State to apply these principles in
making laws.
When India
attained independence, it had innumerable problems and challenges. The social
and economic inequality was all pervasive. Economically, India’s situation was
miserable. Socially also India wasing a number of problems. There were social
inequalities and all the vulnerable sections of the society such as women,
dalits, children were deprived of basic means of living. The Constitution
makers were very much aware of the problems. That is why, they decided that
India would be a welfare state. In this regard two specific provisions have
been made, one in the form of Fundamental Rights and the other as Directive
Principles of State Policy.
The Directive
Principles of State Policy are guidelines to the central and state governments
of India. The governments must keep these principles in mind while framing laws
and policies.The main aim of these principles is to create social and economic
conditions under which all the citizens can lead a good life.
Background of Directive Principles of State Policy
Part IV of Indian Constitution
is derived from the Irish Constitution, gets ideas from Spain’s constitution
and Gandhian philosophy thoughts like Sarvodaya. DPSP acts like a moral guide.
It gives rules for leadership and understands the different cultures in our
country.
Objectives
·
The Directive
Principles is a blueprint for a just and equitable society, guiding lawmakers
and leaders towards policies that empower all citizens.
·
These guiding
principles blend socialist, Gandhian, and liberal ideals, weaving a tapestry of
social welfare and individual freedom.
·
The major objectives of DPSP are to maintain economic,
social and political justice in the affairs of the State.
Features of Directive Principles
of State Policy (DPSPs)
The Directive
Principles of State Policy in the Indian Constitution encompass
several key features which are as follows:
- Non-Justiciability- Unlike fundamental rights, which are
legally enforceable, DPSPs are non-justiciable, meaning they cannot be
enforced by courts. However, they are considered fundamental in governance
and serve as moral and political directives for the state.
- Dynamic and Evolving- DPSPs are not static principles but
evolve over time to address emerging socio-economic challenges and the
changing needs of society. They allow for adaptation and innovation in
governance strategies to meet evolving circumstances.
- Welfare State- The DPSPs are aimed at promoting the
welfare of the people and the establishment of a just society. They
emphasize principles of justice, equality, and fraternity in the
governance of the country.
- Socio-Economic Objectives- DPSPs aim to establish certain social and
economic goals that the State should strive to achieve. These objectives
include promoting social justice, economic welfare, and the overall
development of the nation.
- Balance between Rights and Duties- While fundamental rights focus on
protecting individual liberties, DPSP emphasizes the importance of
balancing rights with corresponding duties. They emphasize the collective
welfare of society over individual interests.
- Integral to the Constitutional Scheme- DPSP are an integral part of the Indian
Constitution. They reflect the socio-economic ideals and aspirations of
the framers of the Constitution and are considered essential for the
establishment of a just and equitable society.
- Good Governance- They encourage the promotion of good
governance practices, including transparency, accountability, and the
efficient functioning of public institutions.
- Cultural and Educational Values- These principles emphasize the promotion of
cultural and educational institutions to preserve and enrich the country’s
diverse cultural heritage and foster a spirit of scientific inquiry and
innovation.
- International Obligations- DPSP may also guide the state in fulfilling
its international obligations and commitments. They reflect principles of
international law and conventions that India has ratified, reinforcing the
country’s commitment to global standards of human rights and development.
Classification of Directive
Principles of State Policy
DPSP have
not been classified by the COI but on the basis of their ideological source and
objectives, they are usually classified into the following three types-
o
Socialist Principles
o
Gandhian Principles
o
Liberal and Intellectual
Principles
Socialist Principles
The Directive Principles of
State Policy (DPSP) in India include several socialistic principles that
promote equality, justice, and economic and social welfare.
They generally direct the
state through-
Article 38, Article 39, Article 39 A, Article
41, Article 42, Article 43, Article 43 A and Article 47.
Article 38
State
to secure a social order for the promotion of welfare of the people.
38.
1 [(1)] 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 the
national life.
2
[(2) The State shall, in particular, strive to minimise the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people
residing in different areas or engaged in different vocations.]
Examples
of intitatives under this article
– Pradhan Mantri Awas Yojana
– Public Distribution System
Article 39
Certain
principles of policy to be followed by the State.
The State shall, in particular, direct its
policy towards securing—
(a) that the citizens, men and women equally,
have the right to an adequate means of livelihood;
(b) that the ownership and control of the
material resources of the community are so distributed as best to subserve the
common good;
(c) that the operation of the economic system
does not result in the concentration of wealth and means of production to the
common detriment;
(d) that there is equal pay for equal work for
both men and women;
(e) that the health and strength of workers, men
and women, and the tender age of children are not abused and that citizens are
not forced by economic necessity to enter avocations unsuited to their age or
strength;
[(f) that children are given opportunities and
facilities to develop in a healthy manner and in conditions of freedom and
dignity and that childhood and youth are protected against exploitation and
against moral and material abandonment.]
Examples
of intitatives under this article
– Maternity Benefit Law
– Integrated Child Development Scheme
– Minimum Wages Act of 1948
– Ajeevika, Rural Livelihood Mission, Promotion
of Self Help Groups (SHGs)
Article 39A
Equal
justice and free legal aid.
39A.
The State shall secure that the operation of the legal system promotes justice,
on a basis of equal opportunity, and shall, in particular, provide free legal
aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
Examples
of intitatives under this article
–
National Legal Services Authority
–
Pro Bono Legal Service
–
Nyaya Mitra Scheme
Article 41
Right
to work, to education and to public assistance in certain cases
The
State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
Examples
of intitatives under this article
–
National Social Assistance Program- Annapurna.
–
MGNREGA Act of 2005
–
Persons with Disabilities Act of 1995
–
Maintenance and Welfare of Parents and Senior Citizen Act 2007
Article 42
Provision
for just and humane conditions of work and maternity relief.
The
State shall make provision for securing just and humane conditions of work and
for maternity relief.
Examples
of intitatives under this article
–
PM Maitritva Vandana Yojana
–
Maternity Benefit Act of 2017
Article 43
Living
wage, etc., for workers.
The
State shall endeavour to secure, by suitable legislation or economic
organisation 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
and, in particular, the State shall endeavour to promote cottage industries on
an individual or co-operative basis in rural areas.
Examples
of intitatives under this article
–
4 Labour Codes – Code on Wages, Code on Social Security etc.
–
Social Security Act of 2008
Article 43A
Participation
of workers in management of industries.
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 organisations engaged in any industry.
Examples
of intitatives under this article
–
Trade Union Act of 1926
–
Apprenticeship Act of 1961
Article 47
Duty
of the State to raise the level of nutrition and the standard of living and to
improve public health.
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 and, in particular, the State shall endeavour to bring about prohibition
of the consumption except for medicinal purposes of intoxicating drinks and of
drugs which are injurious to health.
Examples
of intitatives under this article
– Poshan Abhiyan
– One Nation One Ration Card
Gandhian
Principles
Gandhian Directive Principles of State Policy
embody the essence of Mahatma Gandhi's vision for India, emphasizing social
justice, rural development, and the upliftment of the marginalized.
Articles like 40, 43, 43B, 46, 47, and 48 fall
under this category.
Article 40
Organisation
of village panchayats
The
State shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of
self-government.
Examples
of intitatives under this article
–
Successful PRI Models
-
Sakala Initiative of Karnataka.
-
Sangram Initiative of Maharashtra.
-
Panch Parmeshwar of MP
Article 43
Living
wage, etc., for workers
The
State shall endeavour to secure, by suitable legislation or economic
organisation 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 and,
in particular, the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.
Examples
of intitatives under this article
-
Minimum Wages Act of 1948
-
Payment of Wages Act 1936 – amended in 2017 to provide for payment of
wages in cheque or direct transfer to bank accounts.
Article 43 B
Promotion
of cooperatives
To
promote voluntary formation, autonomous functioning, democratic control, and
professional management of cooperative societies.
Examples
of intitatives under this article
– Ministry of Cooperation to strengthen
cooperative movement in India.
– Yuva Sahakar-Cooperative Enterprise Support
and Innovation Scheme 2019
Article 46
Promotion
of educational and economic interests of Scheduled Castes, Scheduled Tribes and
other weaker sections.
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
and the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation.
Examples
of intitatives under this article
– Complementary to Fundamental Rights under Article 15(3), 15(4), 15(5).
– Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
of 1989.
Article 47
Duty
of the State to raise the level of nutrition and the standard of living and to
improve public health.
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 and, in particular, the State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.
Many social development programmes, such as the National Health Mission
and the Mid-Day Meal Scheme, that target the underprivileged elements of
society, such as women, children, and the poor, are inspired by this DPSP.
Examples
of intitatives under this article
– Ban on Liquor in Bihar.
– Ban on gutka and e-cigarettes.
Article 48
Organisation
of agriculture and animal husbandry.
The
State shall endeavour to organise agriculture and animal husbandry on modern
and scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves and
other milch and draught cattle.
Examples
of intitatives under this article
– Rashtriya Gokul Mission
– Kamdhenu Yojana
– Pashudhansanjivani
Liberal–Intellectual
Principles
These principles reflect the ideology of liberalism. It ensures that human
rights in the meaning of liberty. The
liberal-intellectual principle is also known as the internationalist principle.
The Directives based on Liberal-Intellectual Principles are those which promote
liberty and equality. They aim to protect the rights of individuals and to
promote their welfare.
It includes Article 44, Article 45, Article 48, Article 48A, Article 49,
Article 50 and Article 51
Article 44
Uniform
civil code for the citizens
The
State shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.
A Uniform Civil Code means that all sections of the society irrespective
of their religion shall be treated equally according to a national civil code,
which shall be applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance,
adoption and succession of the property. It is based on the premise that there
is no connection between religion and law in modern civilization.
Hindu Code Bill (1956)
Special Marriage Act (1956)
THE DOWRY PROHIBITION ACT, 1961
THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971
THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
Uniform
Civil Code in India is a widely debated topic lately since the first petition
was filed in 2019 to seek for framing of a UCC to promote national integration
and gender justice, equality, and dignity of women.
Article 25: This article protects the freedom of religion.
While a UCC aims for uniformity, it must balance this with respecting religious
freedom.
Article 45
Provision
for free and compulsory education for children.
The
State shall endeavour 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. - The State shall
endeavour to provide early childhood care and education for all children until
they complete the age of six years.
Insertion of Article 21A, making elementary education a fundamental
right of all children between the age group of 6-14 years, Article 45 has been
amended so as to restrict its scope to pre-primary education up to 6 years of
age.
Examples
of intitatives under this article
- Integrated Child Protection Scheme
- Beti Bachao Beti Padhao Scheme
- Integrated Child Development Services (ICDS)
- Anganwadi Centers
Article 48
Organisation
of agriculture and animal husbandry.
The
State shall endeavour to organise agriculture and animal husbandry on modern
and scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves and
other milch and draught cattle.
Examples
of intitatives under this article
– e- NAM
– Soil Health Card
– KUSUM Scheme
National Programme for Bovine Breeding & Dairy Development (NPBBDD)
National Kamdhenu Breeding Centre
Central Frozen Semen Production & Training Institute, Bangalore
Article 48 A
Protection
and improvement of environment and safeguarding of forests and wild life.
The
State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country.
Examples
of intitatives under this article
-
Indian Forest Act of 1927
-
Wildlife Protection Act of 1972
-
Biological Diversity Act of 2002
-
National Green Tribunal
Article
49
Protection of monuments and places and objects
of national importance.
It shall be the obligation of the
State to protect every monument or place or object of artistic or historic
interest, 2 [declared by or under law made by Parliament] to be of national
importance, from spoliation, disfigurement, destruction, removal, disposal or
export, as the case may be.
Examples
of intitatives under this article
-
National
Historic Preservation Act of 1966.
-
Antiquities and
Art Treasure Act of 1972.
-
Archaeological
Survey of India (ASI)
-
National
Commission for Heritage Sites
Article
50
Separation of judiciary from executive
The State shall take steps to separate the judiciary
from the executive in the public services of the State.
This separation aims to ensure judicial independence
and prevent any overlap that could compromise impartiality. By ensuring the
judiciary's independence, Article 50 aims to prevent the executive from
interfering with judicial functions and decisions.
Examples
of intitatives under this article
Doctrine of Separation of Powers as part of
Basic Structure of the Constitution
Article 51
Promotion
of international peace and security
The State shall endeavour to—
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the
dealings of organized peoples with one another; and
(d) encourage settlement of international disputes by arbitration.
Examples of
intitatives under this article
– Non-Aligned Movement
– Panchsheel Doctrine
– UN Peacekeeping Operations
Conclusion
The
significance of DPSPs cannot be
looked down upon just because it is not enforceable in any court of
law. These principles were added
to facilitate the governance and smooth functioning of the country.
The Directive Principles of
State Policy stand as a testament to India’s commitment to achieving social and
economic justice. While not legally binding, their influence is evident in the
laws and policies that strive to create a just, equitable, and welfare-oriented
society. As India continues to evolve, the DPSP remains a foundational guide in
shaping a brighter and more inclusive future.
References
· Directive
Principle of State Policy by Vishakha Khatri
· https://www.nextias.com/blog/directive-principles-of-state-policy-dpsps/
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