Directive Principles of State Policy
The Directive Principles of State Policy are a set of guidelines and principles laid down in Part IV of the Indian Constitution. They provide a framework for the government to work towards achieving social and economic justice. Here’s a detailed overview:
1. Social Welfare: 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 national life.
2. Gandhian Principles: The state shall endeavour to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
3. Equal Justice and Free Legal Aid: The state shall secure for the citizens a uniform civil code throughout the territory of India.
4. Economic Justice: The state shall strive to minimize 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.
5. Environmental Protection: The state shall take steps to protect and improve the environment and to safeguard the forests and wildlife of the country.
6. Promotion of International Peace and Security: The state shall endeavour to promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration.
7. Promotion of Scientific Temper: The state shall endeavour to develop the scientific temper, humanism, and the spirit of inquiry and reform.
8. Public Health and Education: 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.
9. Cooperative Societies: The state shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
10. Promotion of Education 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 Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
These principles, though not enforceable by any court, are fundamental in governance and guide the state in making laws and policies for the welfare of its citizens.
Articles of DPSP
The Directive Principles of State Policy in the Indian Constitution are enshrined in Articles 36 to 51. Here’s a detailed breakdown:
1. Article 36: Definition: Defines “State” for the purpose of Part IV of the Constitution, which includes the government and Parliament of India, state legislatures, and all local or other authorities within the territory of India or under the control of the Government of India.
2. Article 37: Application: States that the principles laid down in Part IV are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
3. Article 38: State to Secure a Social Order: It declares that 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.
4. Article 39: Certain Principles of Policy: This article lays down various principles related to social and economic justice, such as equitable distribution of resources, operation of the economic system to ensure justice and prevent concentration of wealth, and protection of health and strength of workers.
5. Article 40: Organisation of Village Panchayats: It directs the State to take steps to organize Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
6. Article 41: Right to Work, to Education, and to Public Assistance in Certain Cases: It mandates the State to secure the right to work, to education, and to public assistance in case of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.
7. Article 42: Provision for Just and Humane Conditions of Work and Maternity Relief: It directs the State to make provisions for securing just and humane conditions of work and for maternity relief.
8. Article 43: Living Wage, etc., for Workers: This article requires the State to secure, by suitable legislation or economic organization 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.
9. Article 44: Uniform Civil Code for the Citizens: It mandates the State to secure for the citizens a Uniform Civil Code throughout the territory of India.
10. Article 45: Provision for Free and Compulsory Education for Children: It requires the State to provide free and compulsory education to all children until they complete the age of fourteen years.
These articles form the backbone of the Directive Principles of State Policy, guiding the government in its efforts to establish a just and equitable society.
What are the new DPSPs added by the 42nd Amendment Act, 1976?
| 1 | Article 39 | To secure opportunities for the healthy development of children |
| 2 | Article 39A | To promote equal justice and to provide free legal aid to the poor |
| 3 | Article 43A | To take steps to secure the participation of workers in the management of industries |
| 4 | Article 48A | To protect and improve the environment and to safeguard forests and wildlife |
Criticism of DPSP
Criticism of the Directive Principles of State Policy (DPSP) in the Indian Constitution stems from various perspectives. Here are some key points:
1. Non-Justiciable Nature: One of the primary criticisms is that DPSPs are non-justiciable, meaning they are not enforceable by any court. This makes them more aspirational than practical, as there are no legal consequences for the government if they fail to implement these principles.
2. Conflict with Fundamental Rights: At times, there can be conflicts between the DPSPs and Fundamental Rights guaranteed by the Constitution. For example, while DPSPs may call for certain social and economic measures, Fundamental Rights ensure individual liberties and freedoms. Balancing these can be challenging, leading to criticism of DPSPs for potentially infringing on individual rights.
3. Lack of Clarity and Specificity: Some critics argue that DPSPs lack clarity and specificity, making it difficult for governments to implement them effectively. The principles are often broad and open to interpretation, which can result in inconsistent application across different administrations.
4. Dependency on Political Will: The implementation of DPSPs depends heavily on the political will of the ruling government. If a government is not committed to social and economic justice, DPSPs may remain unfulfilled promises, leading to skepticism about their effectiveness.
5. Absence of Timeframe: DPSPs do not have any specified timeframe within which they should be implemented. This lack of urgency can result in procrastination and delays in addressing important social and economic issues.
6. Ignoring Minority Interests: Critics argue that DPSPs sometimes overlook the interests of minorities or marginalized groups. While there are provisions to protect the interests of certain groups, such as Scheduled Castes and Scheduled Tribes, there may be gaps in addressing the needs of other minority communities.
Overall, while the DPSPs provide a valuable framework for guiding the state towards socio-economic justice, they are not without their limitations and have been subject to criticism regarding their enforceability, clarity, and alignment with individual rights.
What is the conflict between Fundamental Rights and DPSPs?
The conflict between Fundamental Rights and Directive Principles of State Policy (DPSP) arises due to their differing nature and objectives:
1. Nature of Rights:
– Fundamental Rights: These rights are justiciable, meaning they are enforceable by law, and the Constitution provides remedies if they are violated. They aim to protect individual liberties and freedoms from infringement by the state.
– DPSP: These principles are non-justiciable, meaning they are not enforceable by any court. They provide guidelines for the government to work towards establishing a welfare state and ensuring social and economic justice.
2. Individual vs. Collective Interests:
– Fundamental Rights: Focus primarily on protecting individual interests, such as the right to equality, freedom of speech, and right to life and personal liberty.
– DPSP: Emphasize collective interests and societal welfare, aiming to promote social and economic justice, reduce inequalities, and uplift marginalized sections of society.
3. Conflict Scenarios:
– In some cases, laws or policies aimed at fulfilling DPSP objectives may infringe upon certain Fundamental Rights. For example, a law providing reservations in educational institutions or government jobs to promote social equality may be seen as discriminatory by some individuals whose right to equality is affected.
– Similarly, policies aimed at land reforms to promote equitable distribution of resources, as per DPSPs, may clash with property rights guaranteed under Fundamental Rights.
4. Balancing Act:
– The Constitution seeks to strike a balance between Fundamental Rights and DPSPs. Courts often have to adjudicate cases where there is a conflict between these two sets of provisions.
– Courts may interpret laws and policies in a manner that harmonizes both Fundamental Rights and DPSP objectives to the greatest extent possible. However, if a conflict cannot be reconciled, Fundamental Rights generally take precedence over DPSPs due to their justiciable nature.
Overall, while both Fundamental Rights and DPSPs are crucial components of the Indian Constitution, conflicts between them can arise due to their differing nature and objectives, necessitating a careful balancing act by the judiciary and the government.