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.
Reflects ideology of Socialism. Framework of democratic socialist state. To Provide social & economic justice.
Based on Gandhian Ideology. Represent programme of reconstruction enunciated by Gandhi during the National Movement.
|Article 44||Uniform Civil Code|
DIRECTIVES OUTSIDE PART IV:
|Article 335 Part XVI|
|Article 350A Part XVII|
|Article 351 Part XVII|
|CONFLICT BETWEEN FUNDAMENTAL RIGHTS & DPSPs:|
|Supreme Court Case||SC View|
|Champakam Dorairajan Case 1951|
|Golaknath Case 1967|
24th Amendment 1971
|Kesavananda Bharati Case 1973|
|42nd Amendment 1976|
|Minerva Mills Case 1980|
|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.