DIRECTIVE PRINCIPLES OF STATE POLICY (UDAAN)

DIRECTIVE PRINCIPLES OF STATE POLICY

  • Borrowed from Irish Constitution of 1937.
  • B.R. Ambedkar: DPSPs=Novel Features
  • Granville Austin: DPSP + FR= Conscience of the Constitution.
  • DPSP+FR= Philosophy & Soul of the Constitution.
  • Part IV; Articles 36 to 51
  • Impose moral obligation on the state authorities for their application, but the real force behind them is political, that is public opinion.
  • Enshrines Socio-economic democracy (positive in nature, unlike FR which are negative in nature)
  • They are supplementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in Part III by providing for social and economic rights.

 

Minerva Mills case (1980) Harmony and balance between FR and DPSP are an essential feature of the basic structure of the Constitution.
Exceptions to DPSP (Golaknath case): Laws giving effect to Art 39 (b) and (c) of DPSPs should not be declared as unconstitutional and void on ground of violation or contravention of Art 14 and 19.

 

Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories–justiciable and non-justiciable, which was accepted by the Drafting Committee.

 

FEATURES OF DPSPs:
  • Constitutional instructions or recommendations to the State in legislative, executive and administrative matters.
  • DPSPs resemble the ‘Instrument of Instructions’ enumerated in GoI Act 1935.
  • DPSPs constitutes very comprehensive economic, social & political programme for a modern democratic state.
  • DPSPs embody Welfare State and not Police State.
  • DPSP aim at realizing justice, liberty, equality & fraternity as mentioned in the Preamble.
  • Non-justiciable. Not legally enforceable by the courts for their violation or non-implementation.
  • DPSPs help the courts in examining and determining the constitutional validity of a law.
  • SC: Any law for implementing DPSPs need to be reasonable in relation to Article 14 & 19.

 

CLASSIFICATION OF DPSPs:
  • Constitution does not specify classification of principles. But on the basis of content, these are classified into socialist, Gandhian and liberal-intellectual.

 

1. SOCIALIST:

Reflects ideology of Socialism. Framework of democratic socialist state. To Provide social & economic justice.

 

ARTICLE DESCRIPTION
 

Article 38

  •          Promote the welfare of the people by securing a social order permeated by justice-social, economic and political and to minimize inequalities in income, status, facilities and opportunities (Added by 44th Amendment)
 

 

 

Article 39

TO SECURE:

  •          State policy must secure adequate means of livelihood.
  •          Equitable distribution of resources among all.
  •          Prevention of concentration of wealth and means of production.
  •          Equal pay for equal work for men and women.
  •         Preservation of health and strength of workers and children against forcible abuse.
  •          Opportunity for healthy development of children (42nd Amendment)
Article 39A
  • To promote equal justice & to provide free legal aid to the poor (42nd Amendment).
Article 41
  • Right to work, education, and public assistance in event of unemployment, old age, sickness.
Article 42
  • Provision for just & humane conditions of work & maternity relief.
Article 43
  • To secure living wage, decent standards of life & social and cultural opportunities for all workers.
Article 43A
  • Take steps to secure participation of workers in the management of industries (42nd Amendment).
Article 47
  • To raise the level of nutrition and the standard of living of the people & to improve public health.

 

2. GANDHIAN:

Based on Gandhian Ideology. Represent programme of reconstruction enunciated by Gandhi during the National Movement.

 

Article Description
Article 40
  • To organize village Panchayats (grass root level democracy).
Article 43
  • Promote cottage industries on an individual or cooperation basis in rural areas.
Article 43B
  • To promote voluntary formation, autonomous functioning, democratic control & professional management of Co-operative Societies (97th Amendment 2011).
Article 46
  • To promote educational and economic interests of SCs, STs and other weaker sections of society + to protect them from social injustice and exploitation.
Article 47
  • Prohibit the consumption of intoxicating drinks and drugs
Article 48
  • Prohibit the slaughter of cows and improve their breeds

 

3. LIBERAL-INTELLECTUAL:

 

Article Description
Article 44 Uniform Civil Code
Article 45
  • To provide early childhood care & education for all children until they complete the age of 6 years (86th amendment 2002).
Article 48
  • To organize agriculture and animal husbandry on modern & scientific lines.
Article 48A
  • To protect & improve the environment and to safeguard forests & wild life (42nd Amendment 1976).
Article 49
  • Protect monuments or historic interests which are declared to be of national importance.
Article 50
  • Separation of Judiciary from Executive.
Article 51
  • To promote International peace, maintain honorable relations between nation’s, foster respect for international laws and treaty obligations and encourage peaceful settlements.

 

DIRECTIVES OUTSIDE PART IV:

Article 335 Part XVI
  • Claims of SCs & STs to services.
Article 350A Part XVII
  • Instruction in mother tongue
Article 351 Part XVII
  • Development of Hindi Language.

 

CONFLICT BETWEEN FUNDAMENTAL RIGHTS & DPSPs:

 

Supreme Court Case SC View
Champakam Dorairajan Case 1951
  •          If any conflict between FR & DPSPs, FR would prevail over DPSPs.
  •          DPSPs can be amended by the Parliament by enacting Constitutional amendment.
Golaknath Case 1967
  •         Parliament cannot take away any of the FR which are sacrosanct.
  •          FR cannot be amended for the implementation of DPSPs.
 

 

24th Amendment 1971

  •          Parliament has the power to take away any FR by enacting Constitutional Amendment.
  •         Inserted Article 31C-Any law for implementation of A.39(b) & 39(c) shall not be void if it violates A.14 & A.19.
  •          Such laws cannot be questioned in courts.
Kesavananda Bharati Case 1973
  •          Above second provision declared invalid. Judicial review is basic structure.
42nd Amendment 1976
  •          Any law for implementation of any DPSP shall not be void if it violates A.14 & A.19. DPSPs accorded primacy over A.14 & A.19.
Minerva Mills Case 1980
  •          Above provisions under 42nd amendment declared invalid.
  •          Indian Constitutional is founded on the bedrock of balance between FR & DPSP.

 

IMPORTANCE OF DPSP:

Facilitate stability and continuity in domestic and foreign policies + supplementary to the fundamental rights + enables a favourable atmosphere for the full and proper enjoyment of the fundamental rights + enable the opposition to exercise influence and control over the operations of the government + serve as a crucial test for the performance of the government + serve as common political manifesto.

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