ABSTRACT
The Directive Principles of State Policy of India (DPSP) are the guidelines or principles given to the federal institutes governing the state of India, to be kept in citation while framing laws and policies. These provisions, contained in Part IV [1] of the Constitution of India is not enforceable by any court, but the principles laid down therein are not considered in the governance of the country, making it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which is related to social justice, economic welfare, foreign policy, and legal and administrative matters.
INTRODUCTION
The Directive Principles constitute a very comprehensive social, economic, and political program for a modern and welfare state. These principles emphasize that the State shall try to promote the welfare of people by providing them basic facilities like shelter, food, and clothing. Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP) are non-binding which means they are not enforceable by the courts for their violation. However, the Constitution itself declares that ‘these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. Hence, they impose a moral obligation on the state authorities for their implementation.
HISTORY OF DPSP
The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. The makers of the Constitution of India were influenced by the Irish nationalist movement, particularly the Irish Home Rule Movement. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of Social Policy. The idea of such policies “can be traced to the Declaration of the Rights of Man proclaimed by Revolutionary France and the Declaration of Independence by the American Colonies.” The Indian constitution was also influenced by the United Nations Universal Declaration of Human Rights. the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution[2], the II Draft Constitution[3], and the III and final Draft Constitution[4], prepared by the Drafting Committee.
FUNCTIONS OF DPSP
1. It denotes the ideals that the State should keep in mind while formulating policies and enacting laws.
2. It resembles the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935. In the words of Dr. B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and the Governors of the colonies of India by the British Government under the Government of India Act of 1935.
What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive’.
3. It constitutes a very comprehensive economic, social and political program for a modern democratic State aimed at realizing the high ideals of justice, liberty, equality, and fraternity as outlined in the Preamble to the Constitution. They embody the concept of a ‘welfare state’ which was absent during the colonial era.
CLASSIFICATION OF DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)
The Constitution of India does not formally classify the Directive Principles of State Policy but for better understanding and based on content and direction- they can be classified into three categories: Socialistic Principles, Gandhian Principles, and Liberal-Intellectual Principles.
SOCIALISTIC PRINCIPLES
These principles contemplate the ideology of socialism and lay down the framework of a democratic socialist state. The concept envisages providing social and economic justice, so that state should achieve the optimum norms of the welfare state. They direct the state through- Article 38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article 43 A, and Article 47[5].
GANDHIAN PRINCIPLES
These principles reflect the program of reconstruction enunciated by Gandhi during the national movement. To fulfill the dreams of Gandhi, some of his ideas were included in DPSP and they direct the state through- Article 40, Article 43, Article 43 B, Article 46, Article 47, and Article 48.
LIBERAL-INTELLECTUAL PRINCIPLES
These principles are inclined towards the ideology of liberalism and they direct the state through- Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50, and Article 51.
DIRECTIVES
The directive principles ensure that the State shall strive to promote the welfare of the people by securing a social order in which social, economic, and political justice is animated/informed in all institutions of life per Article 38 (1).Dr. Ambedkar clarified in the Constituent Assembly debates on Article 38 highlighting its inevitable implementation- The word ‘strive’ which occurs in the Draft Constitution, in judgment, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfillment of these Directives. That is why we have used the word ‘strive’. Otherwise, it would be open for any Government to say that the circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. Also, the State shall strive to minimize the inequalities in income and endeavor to eliminate economic inequality as well as inequalities in status and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations per Article 38. Children should be allowed to develop healthily and should be protected against exploitation and moral and material abandonment per Article 39. The State shall provide free legal aid to ensure that equal opportunities for securing justice are ensured to all, and is not denied because of economic or other disabilities per Article 39A. The State shall also work for an organization of village panchayats and help enable them to function as units of self-government per Article 40. The State shall endeavor to provide the right to work, to education and public assistance in cases of unemployment, old age, sickness, and disablement, within the limits of economic capacity per Article 41 as well as provide for just and humane conditions of work and maternity relief per Article 42. the promotion of cottage industries in rural areas is one of the obligations of the State per Article 43 The State shall take steps to promote their participation in the management of industrial undertakings per Article 43A. Also, the State shall endeavor to secure a uniform civil code for all citizens per Article 44 and provide free and compulsory education to all children till they attain the age of 14 years per Article 45. It should work for the economic and educational upliftment of scheduled castes, scheduled tribes, and other weaker sections of the society per Article 46. The directive principles commit the State to raise the level of nutrition and the standard of living and to improve public health, particularly by prohibiting intoxicating drinks and drugs injurious to health except for medicinal purposes per Article 47. It should also organize agriculture and animal husbandry on modern and scientific lines by improving breeds and prohibiting the slaughter of cows, calves, other milch, and draught cattle per Article 48. It should protect and improve the environment and safeguard the forests and wildlife of the country per Article 48A. Protection of monuments, places, and objects of historic and artistic interest and national importance against destruction and damage per Article 49 and separation of judiciary from the executive in public services per Article 50 is also the obligations of the State as laid down in the directive principles. Finally, Article 51 ensures that the State shall strive for the promotion and maintenance of international peace and security, just and honorable relations between nations, respect for international law and treaty obligations, as well as settlement of international disputes by arbitration.
IMPLEMENTATIONS
There is no need for any constitutional amendment and simple legislation by the Parliament is adequate to implement the Directive Principles as applicable laws per Article 245 as they are already enshrined in the constitution. The State has made few efforts till now to implement the Directive Principles. Scheduled castes and scheduled tribes are protected from atrocities, the Government enacted the Prevention of Atrocities Act, which provided severe punishments for such atrocities. The Minimum Wages Act of 1948 empowers the government to fix minimum wages for employees engaged in various employments. The Consumer Protection Act of 1986 provides for the better protection of consumers. The Equal Remuneration Act of 1976, provides for equal pay for equal work for both men and women.
AMENDMENTS
Amendment requires the approval of two-thirds of the members present and voting and by the absolute majority of the house – whether the Lok Sabha or Rajya Sabha. Article 31-C, amended by the 42nd Amendment Act of 1976 seeking to upgrade the DPSPs. If laws are made to give effect to any of the Directive Principles overriding Fundamental Rights, they shall not be invalid because they take away the Fundamental Rights. In the Minerva Mills v. Union of India[6] case, the Supreme Court ruled that the 42nd Amendment Act to Article 31C is not valid and ultra vires.
Articles 38 (2), was added by the Forty-fourth Amendment Act, 1978 of the Constitution
Articles 39A, which directs the state to secure Equal justice and free legal aid, was added by the Forty-second Amendment Act, 1976 of the Constitution
Articles 43A, which directs the state to secure the Participation of workers in the management of industries, was added by the Forty-second Amendment Act, 1976 of the Constitution
Articles 43B, which directs the state to strive for the Promotion of co-operative societies, was added by the Ninety-Seventh Amendment of the Constitution of India.
Article 45, which ensures the Provision for free and compulsory education for children, was added by the 86th Amendment Act, 2002.
Article 48A, which ensures protection and improvement of environment and safeguarding of forests and wildlife, was added by the Forty-second Amendment Act, 1976
Articles 49, was modified by the Seventh Amendment Act, 1956 of the Constitution
CASES
CHAMPAKAM DORAIRAJAN CASE[7]
The conflict between fundamental rights and DPSP came to the supreme court for the first time in Champakam Dorairajan Case (1952). Smt Champakam Dorairajan was a woman from the State of Madras. In 1951, she was not admitted to a medical college because of a communal government order which had provided caste-based reservation in government jobs and college seats. This GO was passed in 1927 in the Madras Presidency
- Champakam Dorairajan case was the first major verdict of the Supreme Court on the issue of reservation.
- Champakam Dorairajan’s case led to the first amendment of the Indian Constitution. This was the case, which when was in Supreme Court, the Lok Sabha was not formed. Lok Sabha was formed in 1952. The conflict was between article 16(2) from the chapter of Fundamental Rights and Article 46 of the Constitution. Article 16(2) says:
“No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, the residence of any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state.
And article 46 says:
“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.
The Supreme Court held that Article 37 expressly says that the directive principles are not enforceable by the court. The Supreme Court mandated that the chapter on Fundamental Rights in the constitution is sacrosanct and the directive principles have to conform to and run subsidiary to the chapter on Fundamental Rights.
This means that fundamental rights were given superiority over the directive principles. This continued for a decade and a half and some other cases such as the Qureshi v/s State of Bihar, Sajjan Singh v/s State of Rajasthan cases court confirmed this stand.
GOLAK NATH CASE[8]
In 1967 came a very important case. This was Golak Nath v/s the state of Punjab (1967). In this case, for the first time, a bench of 11 judges of the Supreme Court was formed. The court in this case laid down that fundamental rights cannot be abridged/diluted to implement the directive principles. This decision forced the government to amend the constitution. By the 24th Amendment 1971, the Parliament has the power to amend any part of the constitution including Fundamental Rights and the word ‘LAW’ as used in Article 13 does not include a Constitution Amendment Act.
KESAVANAND BHARTI CASE[9]
In this Kesavanand Bharti Case, the Supreme Court ruled that parliament could amend any and every part of the constitution including Fundamental Rights but it could not destroy the basic structure of the constitution.
To nullify the Kesavanand Bharti case, the 42nd Amendment further amended article 31(c) and now it said that “No law giving effect to the policy on the ground” that is inconsistent with or takes away or abridges any of the rights conferred by article 14, 19 or 31.
MINERVA MILLS CASE
The parliament by the 42nd amendment further widened the scope of the fundamental rights. However, in the Minerva Mills v/s Union of India (1980) case, the Supreme Court struck down these provisions. On the ground that it changed the basic structure of the constitution. The Supreme Court held that the Constitution exists on the balance of part III and part IV. Giving absolute primacy to one over the other will disturb the harmony of the constitution. This took article 31(c) to its prior condition that “law would be protected by article 31(c) only if it has been made to implement the directive in article 39(b) and (c) and not any of the articles included in Part IV.
CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DPSP
A member in the constituent assembly moved an amendment that sought to make the direct principles justifiable. However, this move was turned down on the fact that there was no use in being carried out away by the sentiments. A court cannot enforce the directive principles and it is the strength of the public opinion that makes these provisions enforceable because there are elections every five years and the public if the DPSPs are not implemented can show the door to the government.
It was a view of Jawahar Lal Nehru that where there was a conflict between the fundamental rights and directive principles theDPSP should prevail. However, where we look into the judicial nature of the above two, we see that the Supreme Court may be Judicial but not practical in all cases. It is the Parliament that can reach beyond the Judicial solution.
When a social conflict arises out of the conflicts of the fundamental rights and DPSP, the state should emerge as a “Torch Bearer” because ultimately it is the superiority of the “Social Interest” over the “individual interest”. However, the court must resolve a conflict with an eye on the constitution and another on social harmony. After the Minerva Mills Case, The Supreme Court to the view that there is no conflict between the fundamental rights and DPSP and they were complimentary of each other. There was no need to sacrifice one for the sake of the other. If there is a conflict it should be avoided as far as possible.
CONCLUSION
DPSP’S are non-justiciable rights of the people. These are guidelines to the central and state government of India. Also, not enforceable by any court and considered fundamental in the governance of the country. The state must apply these principles in making laws to establish a just society in the country. It is the duty of the state to be kept in mind of DPSP while framing laws and policies to establish a just society in the country.
References:
1. Article 36–51
2. February 1948
3. 17 October 1948
4. 26 November 1949
5. The Constitution of India, 1950
6. AIR 1980 SC 1789
7. 1951 AIR 226, 1951 SCR 525.
8. 1967 AIR 1643, 1967 SCR (2) 762
9. AIR 1983 4 SCC 225; AIR 1973 SC 1461
About the author –
This article is written by Nibin Louis, 3rd year BBA+LLB(H) student at Galgotias University, Greater Noida
