Directive Principle of State Policy: Scope and Importance

Introduction

Part IV pertains to the Directive Principle of State Policy. DPSP is considered the reflection of Preamble as it guides the State on how to make laws and maintain public order. These are well-made Principles that Direct the State to make Policies and Laws keeping in mind the larger public order. The constitution-makers found the concept of DPSP in the Irish constitution and chose to embrace it in our constitution as well. DPSP is the embodiment of the JUSTICE- Social, Economic and Political, LIBERTY- Thought, Expression, Belief, Faith and Worship, EQUALITY- Status, Opportunity and Promotion, FRATERNITY- assuring dignity of Individual and the Nation. The State is advised to follow it but the citizen cannot compel the state to observe it as DPSP is non-justiciable unlike Fundamental Rights.

According to Article 37 “Application of the principles contained in this Part, 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”[1] The DPSP were made unenforceable in a court of law because during the incorporation India was an infant democracy and did not have the resources, people, administration to fulfill the aspirations and promises that Part IV had.

In the line of the above-stated Article, no provisions therein can be used against the state or central government. DPSP is to be considered a yardstick through which the citizens can assess the work of the Government and acknowledge whether it is based on the right parameters or not. DPSP are the moral obligations that a State must strive to follow.

Classification and Scope of DPSP

The classification can be done on four bases which mainly are Socialist Principles, Liberal Principle, Gandhian Principle, and International Principle.

Socialist Principle

The principle based on the welfare of society by the government and Government being owner and administrator in most of the decisions pertaining to moving of goods and its production.

• Article 38 of the Constitution of India shall strive to formulate such social system; which will secure social, economic and political justice (written in Preamble) to all in all the spheres of life.
• Article 39(a) the state shall try to formulate its policy in such a manner so as to; secure adequate means of livelihood (MGNREGA scheme, Equal Remuneration Act, 1976 etc.) for all its citizens.
• Also, Article 39(b) the ownership of material resources would be controlled; (His Holiness Keshvanand Bharti v/s State of Kerala case) in such a manner so as to subserve the common good.
•  Article 39(c) the economy of the state will be administered in such a manner so that; wealth may not yet be concentrated in a few hands. The means of production may not be used against the public interest.
•  Article 41 of the Indian Constitution of the State will work within the limits of its economic viability and progress; provide to the citizens the right to work, the right to education. Also general assistance in the event of unemployment, old age, disease, and other disabilities. (Right To Education, Atal Pension Scheme, Ayushman Bharat Scheme)
•  Article 42 of the Indian Constitution the state will make provisions for the creation of just and humane conditions of work (Randhir Singh v/s Union of India[2] Article 14, 19 (4), 21, Industrial Employment (Standing order) Act, 1946, etc.). It will also ensure maternity relief. (Maternity Benefit Act, 1951)
• Article 43 of the Indian Constitution the state will ensure adequate wages, good life, and rest to the laborers. (Payment of Wages Act, 1936, Minimum Wages Act, 1948) The state will also endeavor to make available to the laborers various socio-cultural facilities. (Workmen Compensation Act, 1923, Employees’ State Insurance Act, 1948)

Liberal Principle

Liberal inculcates a wide array of views, but generally support free markets, free trade, liberal government, individual rights, democracy, etc.

• Article 44 of the Indian Constitution the State shall endeavor to formulate and implement a Uniform civil-code. (This provision is not yet fulfilled as we have a fundamental right pertaining to Freedom of Religion. Every religion has different norms which must be taken care of.) For all the people living throughout the territory of India.
• Article 45 of the Indian Constitution the State shall endeavor to provide; early childhood care and education for all the children until they complete the age of six years. (Early Childhood Care and Education implemented by Ministry of Women and Child Development)
• Article 47 of the Indian Constitution the State shall strive to; raise the level of nutrition and the standard of living. (National Nutrition Policy formulated by the Ministry of Women and Child Development) Thus, it will endeavor to improve upon the health of the people.
• Article 48 of the Indian Constitution, the State shall strive to organize; agriculture and animal husbandry on modern and scientific lines. It will also try to maintain and improve upon the breed of the animals.
• Article 50 of the Indian Constitution the state will try to; separate the judiciary from the executive (This is implemented through various functional and operational divisions) in the case of public service.

Gandhian Principle

Principles that describe an idea, inspiration, vision, and life work of Mohandas Karamchand Gandhi.

• Article 40, State will strive to organize Panchayats in villages (Article 243B and Article 243C of Constitution of India) and will endow them with such powers that enable them to act as units of self-government.
• Article 43, the state shall strive to develop the cottage industry in the rural areas ;(various policies and schemes are in place but no uniform countrywide or statewide implementation). Both, on an individual or cooperative basis.
• Article 47, the state will strive to ban the consumption of wine, other intoxicating drinks (States like Bihar, Gujarat have implemented the ban). And all such commodities that are considered injurious to health.
• Article 48 reveals that State will ban the slaughtering of cows, calves and other milch cattle. (there has been a ban on slaughtering of cows but it still happens in many parts. Also some religious activities involve slaughtering of cattle which cannot be banned on)

International Principle

Transcendence of nationalism and advocacy of greater cooperation between other nations.

• Article 51(a)- The State will strive to promote international peace and security. (India is an active member of UN security council also a part of IAEA Board)
• Article 51(b)- The State will strive to maintain just and- honorable relations among various states in the world. (Many treaties have been signed to keep harmony with various international states)
• Article 51(c) – The State will endeavor to promote respect for international treaties, agreements, and law.
• Article 51(f)- The State will strive to settle international disputes by arbitration. (International Court of Justice helps in implementation of said provision)

Above are some examples through which center and state are striving to implement DPSP but it is quite clear that some are being enforced while some not, the scope of DPSP is dynamic in nature and not static it is being implemented in various degrees.

As said by Honorable BR. Ambedkar “whoever captures power will not be free to do what he likes with it. In the exercise of it, he will have to respect these instruments of instructions which are called Directive Principles. He cannot ignore them. He may not have to answer for their breach in a Court of Law. But he will certainly have to answer for them before the electorate at election time”.

There have been various contentions as to the compatibility of Fundamental Rights and DPSP and the apex court has given different reasoning in different cases but according to today’s legal scenario there is no much difference between both as Acts and schemes are made in accordance with DPSP and the court can uphold the working of Acts and schemes as written in the provisions. The DPSP is not useless just because they are non-justiciable but are broad areas under which a state shall work and in fact they have to be answered as rightly pointed out by Honorable BR Ambedkar.

Also it is to be kept in mind that Fundamental Rights and DPSP are to be worked harmoniously and given equal standing as Fundamental Rights are individual rights while DPSP are the ways through which living of an individual can be done harmoniously, morally and according to public order.

Importance of DPSP

As Article 37 itself states “fundamental in the governance of the country” the DPSP plays a huge role in determining the working of the government and assessing what should be the plausible future of the country. DPSP shows a pleasant and euphonious picture of how a country should look and what it must always strive to achieve. The reasoning behind ingraining the DPSP by the constitution-makers was to perceive and unveil the India they wanted and the future they saw of India. It is not possible to see the Fundamental Rights devoid of DPSP as they form the soul of the Constitution and cannot work in a vacuum.

If DPSP is eliminated though everyone would have basic rights yet the state wouldn’t strive to achieve better for its citizen also as the living conditions are changing so does the wants of society and if Fundamental Rights are only in place through the state could be held accountable and equally punished for it but the state won’t cater to the ever-changing wants and would only focus to safeguard the Fundamental Rights For eg. Right To Work is ingrained in DPSP that is why government comes with various scheme to provide its citizen with the opportunity to work, there is no Fundamental Right like “Right To Work”.

DPSP are also the guidelines which must be kept in mind when a law is formulated, over-drafting or under drafting would be a common mistake. On the other hand if DPSP are in place and no Fundamental Right the state would not be held accountable for its atrocities and justice won’t provide like enshrined in our Preamble. Hence both are equally important and must be seen together as they hold the Constitution together with harmony.

Conclusion

The article gradually moves from dividing DPSP and understanding its scope to the importance of DPSP. It must always be kept in mind that constitution-makers included DPSP in our Grund norm not for it to lay there unused or unengaged but it was inculcated to give State the area for working and implementing policies which are for the welfare of the society. DPSP acts as the governing parameters on which the authority should work. DPSP’s non- justiciable character does not decrease its relevance Moreover, with the above-provided information it is clear that DPSP indirectly is implemented and does serve every objective its states. In fact every policy, law, the scheme has to meet the guidelines stated under Part IV of the constitution which spans from Article 36 to Article 51.

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References:

[1] Constitution of India, Art.37

[2] AIR 1982 SC 879