Directive Principles of State Policy (DPSP): Constitutional Vision and Role in Governance

The Directive Principles of State Policy (DPSP) form the social and economic charter of the Indian Constitution. They require the State to promote a just social order, reduce inequalities, and improve the living standards of the people through legislative and administrative action.

Features of Directive Principles of State Policy (DPSP)

1. Article 37 declares them fundamental to the governance of the country and places a constitutional obligation on the State to apply them while making laws.
2. The concept was borrowed from the Constitution of Ireland (1937) and draws inspiration from the Instrument of Instructions under the Government of India Act, 1935.
3. They are non-justiciable because they impose positive obligations that often require legislation, administrative action, and financial resources for their implementation.

Classification of Directive Principles

The Constitution does not expressly classify the Directive Principles. However, based on their philosophy and objectives, they are broadly grouped into three categories:

1. Socialistic Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles

Socialistic Principles

The Socialistic Principles reflect the philosophy of democratic socialism and seek to establish a welfare state by promoting social and economic justice, reducing inequalities, and protecting the interests of weaker sections. These principles require the State to:

1. Promote a social order based on social, economic, and political justice, while minimising inequalities in income, status, facilities, and opportunities (Article 38).
2. Secure adequate means of livelihood, ensure equitable distribution of material resources, prevent the concentration of wealth, guarantee equal pay for equal work, protect the health and strength of workers and children, and promote the healthy development of children (Article 39).
3. Provide equal justice and free legal aid to economically weaker sections (Article 39A).
4. Secure the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability (Article 41).
5. Ensure just and humane conditions of work and provide maternity relief (Article 42).
6. Promote a living wage, a decent standard of living, and social and cultural opportunities for workers (Article 43).
7. Encourage workers’ participation in the management of industries (Article 43A).
8. Raise the level of nutrition, improve public health, and enhance the standard of living of the people (Article 47).

Gandhian Principles

The Gandhian Principles are based on the ideals of Mahatma Gandhi and reflect his programme of national reconstruction. These principles seek to promote rural development, self-reliance, decentralised governance, and the welfare of weaker sections in line with Gandhiji’s vision of social reconstruction. They require the State to:

1. Organise village panchayats and endow them with adequate powers to function as effective units of local self-government (Article 40).
2. Promote cottage industries in rural areas on an individual or cooperative basis (Article 43).
3. Promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies (Article 43B).
4. Promote the educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections, while protecting them from social injustice and exploitation (Article 46).
5. Prohibit the consumption of intoxicating drinks and drugs that are injurious to health (Article 47).
6. Prohibit the slaughter of cows, calves, and other milch and draught cattle, while improving their breeds (Article 48).

Liberal-Intellectual Principles

The Liberal-Intellectual Principles reflect the ideals of liberalism and seek to strengthen democratic institutions, scientific development, environmental conservation, judicial independence, and international peace. They direct the State to:

1. Secure a Uniform Civil Code (UCC) for all citizens throughout the country (Article 44).
2. Provide early childhood care and education for all children until they attain the age of six years (Article 45).
3. Organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. Protect and improve the environment and safeguard forests and wildlife (Article 48A).
5. Protect monuments, places, and objects of national historical or artistic importance (Article 49).
6. Separate the judiciary from the executive in the public services of the State (Article 50).
7. Promote international peace and security, maintain just and honourable relations among nations, foster respect for international law and treaty obligations, and encourage the peaceful settlement of international disputes through arbitration (Article 51).

Constitutional Amendments to the Directive Principles

The scope of the Directive Principles has expanded through successive Constitutional Amendments, which introduced new directives to address changing constitutional and governance priorities. The major amendments are:

1. 42nd Constitutional Amendment Act, 1976: Added four Directive Principles relating to the healthy development of children (Article 39), equal justice and free legal aid (Article 39A), workers’ participation in the management of industries (Article 43A), and protection of the environment, forests, and wildlife (Article 48A).
2. 44th Constitutional Amendment Act, 1978: Added a Directive Principle requiring the State to minimise inequalities in income, status, facilities, and opportunities under Article 38.
3. 86th Constitutional Amendment Act, 2002: Amended Article 45 to require the State to provide early childhood care and education for all children below six years of age, following the insertion of Article 21A.
4. 97th Constitutional Amendment Act, 2011: Inserted Article 43B, directing the State to promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Significance of Articles 39(b) and 39(c)

Articles 39(b) and 39(c) are regarded as the two most important Directive Principles because they embody the constitutional objective of distributive justice.

1. Article 39(b) directs the State to ensure that the material resources of the community are distributed for the common good.
2. Article 39(c) requires the State to prevent the concentration of wealth and the means of production in a few hands.

Together, these provisions promote distributive justice by ensuring the equitable distribution of resources for the benefit of society as a whole.

Relationship between Fundamental Rights and Directive Principles of State Policy

The Fundamental Rights (Part III) and the Directive Principles of State Policy (Part IV) together form the foundation of India’s constitutional philosophy. While Fundamental Rights safeguard political democracy by guaranteeing individual freedoms, the Directive Principles seek to establish social and economic democracy through the creation of a welfare state. Together, they complement each other in realising the constitutional vision of political, social, and economic democracy.

Despite pursuing a common constitutional objective, they differ in their legal status:

Fundamental Rights are largely negative obligations, restraining arbitrary State action. As they primarily require the State to refrain from violating individual freedoms, they are justiciable and enforceable by courts, whereas on the other hand Directive Principles are non-justiciable, yet they are fundamental to the governance of the country and guide the State in framing laws and public policies.

Judicial Evolution of the Relationship

The constitutional relationship between Fundamental Rights and the Directive Principles has gradually evolved through landmark Supreme Court judgments.

1. State of Madras v. Champakam Dorairajan (1951): The Supreme Court held that Directive Principles cannot override Fundamental Rights. In the event of a conflict, Fundamental Rights would prevail, and the Directive Principles must operate within the constitutional framework.
2. In re Kerala Education Bill (1958): The Supreme Court adopted a more balanced approach by observing that, although Directive Principles cannot override Fundamental Rights, both should be interpreted harmoniously so that each is given effect wherever possible.

Constitutional Amendments and Judicial Developments

The constitutional position was further clarified through important Constitutional Amendments and landmark Supreme Court judgments.

1. 25th Constitutional Amendment Act, 1971: The amendment inserted Article 31C, protecting laws enacted to implement Articles 39(b) and 39(c) even if they were inconsistent with Articles 14, 19, and 31. It also sought to exclude judicial review of such laws.
2. Kesavananda Bharati v. State of Kerala (1973): The Supreme Court upheld the first part of Article 31C, allowing laws enacted to implement Articles 39(b) and 39(c) to prevail over specified Fundamental Rights. However, it struck down the provision excluding judicial review, holding that judicial review forms part of the Basic Structure of the Constitution.
3. 42nd Constitutional Amendment Act, 1976: The amendment extended the protection under Article 31C from Articles 39(b) and 39(c) to all Directive Principles, thereby attempting to give them precedence over Articles 14, 19, and 31.
4. Minerva Mills v. Union of India (1980): The Supreme Court declared this expansion unconstitutional, holding that giving unrestricted precedence to all Directive Principles would disturb the balance between Part III and Part IV, which forms part of the Basic Structure of the Constitution. The Court reaffirmed that Fundamental Rights and Directive Principles are complementary and should be harmoniously balanced.

Present Constitutional Position

The present constitutional position seeks to maintain a harmonious balance between Fundamental Rights and the Directive Principles. Laws enacted to implement Articles 39(b) and 39(c) may receive protection under Article 31C, even if they are inconsistent with Articles 14 and 19. This reflects the constitutional principle that both Fundamental Rights and the Directive Principles are complementary and essential for achieving the constitutional goals of justice and welfare.

Directives Outside Part IV

Apart from Part IV, the Constitution also contains certain directive provisions in other Parts that guide the State in specific areas:

1. Article 335: Requires consideration of the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) in public services while maintaining administrative efficiency.
2. Article 350A: Directs the State to provide primary education in the mother tongue for children belonging to linguistic minorities.
3. Article 351: Directs the State to promote and develop the Hindi language so that it serves as a medium of expression of India’s composite culture.

 

Implementation of the Directive Principles

Since the commencement of the Constitution, successive governments have introduced several legislative and policy measures to implement the Directive Principles. Major initiatives include:

1. Establishment of the Planning Commission (1950), later replaced by NITI Aayog (2015), to promote planned socio-economic development.
2. Enactment of land reform laws to improve agrarian conditions and reduce rural inequalities.
3. Nationalisation of banks, general insurance, and coal mines to promote the common good.
4. Labour welfare legislation relating to minimum wages, bonded labour, child labour, industrial disputes, and workers’ welfare.
5. Measures for protecting women workers through the Maternity Benefit Act, 1961 and the Equal Remuneration Act, 1976.
6. Enactment of the Legal Services Authorities Act, 1987 to provide free legal aid and strengthen access to justice.
7. Establishment of institutions for promoting cottage and village industries.

Recommendations of the National Commission to Review the Working of the Constitution (2002)

To strengthen the implementation of the Directive Principles, the Commission recommended:

1. Preparing a strategic plan for generating large-scale employment.
2. Establishing a National Education Commission every five years.
3. Promoting social solidarity and interfaith harmony through civil society initiatives.
4. Setting up a high-level body to periodically review the implementation of the Directive Principles.

Conclusion

The Directive Principles of State Policy serve as the constitutional guide for building a just and equitable society. Though not enforceable in a court of law, they are enforceable in the court of the people, as governments remain politically accountable for their implementation.

UPSC FAQs

Q1. Why are the Directive Principles of State Policy non-justiciable?

Ans: The Directive Principles impose positive obligations on the State and require financial resources and progressive implementation. Therefore, they are not enforceable by courts, although they remain fundamental to the governance of the country.

Q2. Which Constitutional Amendment inserted Article 31C?

Ans: The 25th Constitutional Amendment Act, 1971 inserted Article 31C to protect laws enacted for implementing Articles 39(b) and 39(c) from challenge on specified Fundamental Rights grounds.

Q3. Why are Articles 39(b) and 39(c) considered significant?

Ans: These provisions promote distributive justice by ensuring the equitable distribution of material resources and preventing the concentration of wealth, thereby serving the common good.

Q4. What principle was laid down in the Minerva Mills case?

Ans: The Supreme Court held that Fundamental Rights and Directive Principles are complementary, and that maintaining a harmonious balance between Part III and Part IV forms part of the Basic Structure of the Constitution.

Q5. How have the Directive Principles influenced governance in India?

Ans: They have guided socio-economic planning, land reforms, labour welfare legislation, free legal aid, promotion of cottage industries, and several other welfare measures aimed at establishing a welfare state.

Q6. Why did the Supreme Court adopt the doctrine of harmonious construction between Fundamental Rights and Directive Principles?

Ans: The Supreme Court held that Fundamental Rights and the Directive Principles should be interpreted harmoniously so that both receive due effect while preserving constitutional harmony.

Q7. What is the present constitutional position regarding the relationship between Fundamental Rights and Directive Principles?

Ans: Laws enacted to implement Articles 39(b) and 39(c) may receive protection under Article 31C, even if they are inconsistent with Articles 14 and 19. At the same time, the Constitution maintains a harmonious balance between Fundamental Rights and the Directive Principles.

Q8. Why are the Directive Principles regarded as fundamental to the governance of the country despite being non-justiciable?

Ans: They guide the State in framing laws and public policies and provide the constitutional framework for establishing a welfare state. Although they are not enforceable by courts, they enjoy political sanction, as governments remain accountable to the people for their implementation.