Directive Principles of State Policy

The Directive Principles of State Policy, found in Part IV of the Indian Constitution (Articles 36 to 51), provide the philosophical and moral foundations for legislation and policy making in India. Inspired by the Irish Constitution, these principles outline the goals for the state to consider while formulating laws and policies in legislative, executive, and administrative matters. In this article, you will learn about Meaning and Definition of Directive Principles of State Policy, its features, classification, application, criticism etc. Directive Principles of State Policy is very important topic for GS Paper-2 Polity & Governance subject of UPSC CSE Exam. To explore more interesting UPSC Polity concepts and IAS Notes of Class 8 and Class 11 similar to Directive Principles of State Policy, check out other articles of IASToppers.   

Table of Content

• What are Directive Principles of State Policy?
• Features Of the Directive Principles
• Classification Of the Directive Principles
• New DPSPs added by the 42^nd Amendment Act, 1976
• Application of Directive Principles
• Criticism Of the Directive Principles
• Fundamental Rights and Directive Principles: Relevant Legal Cases
• Difference between Fundamental Rights and Directive Principles
• Implementation Of Directive Principles
• Directives Outside Part IV
• Conclusion

What is Directive Principle of State Policy?

• The Directive Principles of State Policy are enumerated in in Part IV of the Constitution, spanning Articles 36 to 51.
• Directive principles of state policy was borrowed from the Irish Constitution of 1937, which in turn drew from the Spanish Constitution.
• LM Singhvi: They are life-giving provisions of the constitution.
• Granville Austin: They are aimed at furthering the goals of the social revolution or to foster the revolution by establishing the conditions necessary for its achievements.
• Sir BN Rau: They are moral precepts for the authorities of the state.

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Features Of the Directive Principles

• Directive Principles of State Policy represent the goals that should guide the State when developing policies and creating laws. These constitutional suggestions address legislative, executive, and administrative matters.
  • As per Article 36, “State” encompasses central and state governments, local authorities, and all other public entities in India.
• Directive Principles have similarities with the ‘Instrument of Instructions’ found in the 1935 Government of India Act. Dr. B.R. Ambedkar noted that Directive Principles are like these instructions, but they apply to the legislature and executive branches.
• These Principles offer a broad economic, social, and political framework for a modern democratic State, aiming to achieve justice, liberty, equality, and fraternity as stated in the Constitution’s Preamble. They promote a ‘welfare state’ approach, focusing on economic and social democracy instead of a ‘police state’ that existed during colonial times.
• Although Directive Principles cannot be legally enforced by courts, the Constitution (Article 37) states they are essential for governing the nation.
• Despite their non-justiciable nature, they assist courts in assessing a law’s constitutional validity.

Classification Of the Directive Principles

Classification of Directive Principles is not mentioned in the Indian Constitution.  However, they can be organized into three main groups: Socialist, Gandhian, and liberal-intellectual.

Socialist Principles

Influenced by socialist ideals, they establish the structure for a democratic socialist nation, with the goal of delivering social and economic fairness while guiding the development of a welfare state.

Gandhian Principles

These principles are rooted in the philosophy of Gandhi and were articulated by him throughout the struggle for independence. To realize Gandhi’s aspirations, several of his notions have been incorporated as Directive Principles, which necessitate action from the State.

Liberal-Intellectual Principles

These principles embody the values of progressive thinking and guide the State in its pursuit of these ideals.

New DPSPs added by the 42^nd Amendment Act, 1976

Four new Directive Principles were added by 42^nd Amendment Act of 1976.

• 44^th Amendment Act introduced an additional Directive Principle aiming to reduce disparities in income, status, amenities, and prospects (Article 38).
• In 2002, the 86^th Amendment Act altered Article 45’s focus and established primary education as a fundamental right under Article 21 A, directing the State to offer early childhood care and education to all children up to the age of six.
• A new Directive Principle concerning cooperative societies was introduced by 97^th Amendment Act, mandating the state to encourage voluntary establishment, independent operations, democratic governance, and expert administration of such societies (Article 43B).

Application of Directive Principles

• Expanding on the Preamble’s promises: They further develop the Preamble’s commitments to justice, liberty, equality, and fraternity for all citizens.
• Steering State actions: They influence legislative and executive actions of the State and give direction to courts.
• Establishing a social and economic framework: They remind Indian Union authorities of the desired societal and economic goals.
• Providing judicial review guidance: They serve as reference points for courts during the judicial review process.
• Ensuring policy consistency: They maintain stability and continuity in domestic and foreign policies across different political parties.
• Acting as a universal political framework: They guide legislative and executive actions for ruling parties, irrespective of their specific ideologies.
• Facilitating opposition oversight: They allow opposition parties to monitor and influence government operations by holding them accountable for non-compliance with the Directives.
• Evaluating government performance: They serve as a benchmark for citizens to assess government policies and initiatives.
• Promoting a rights-focused environment: They support the full realization of fundamental rights and contribute to a meaningful political democracy.
• Supplementing citizens’ rights: They address social and economic rights, complementing citizens’ fundamental rights.

Criticism Of the Directive Principles

• Lack of legal enforceability: The primary criticism is their non-justiciable nature, meaning they cannot be enforced by the courts.
• Incoherent organization: These principles lack a consistent philosophical foundation and are not logically categorized. They combine both modern and traditional elements, as well as those based on reason and science, and others influenced by sentiment and prejudice.
• Outdated ideology: These principles are rooted in 19^th-century England’s political thought, with traces of Fabian Socialism. He questions whether they will remain relevant for the 21st century.
• Potential for constitutional disputes: There could be possible conflicts arising from the Directive Principles, such as disagreements between the central and state governments, the president and the prime minister, or the governor and the chief minister. These conflicts could stem from differing interpretations of the principles and their implementation.

Fundamental Rights and Directive Principles: Relevant Legal Cases

Below legal cases cast shadow on the Conflicts Between Fundamental Rights and Directive Principles

• Champakam Dorairajan vs State of Madras (1951): Supreme court determined that if there is a disagreement between Fundamental Rights and Directive Principles, the former takes precedence.
  • It said that the Directive Principles must be in line with and act as a supplement to the Fundamental Rights.
  • It also maintained that the Parliament could modify Fundamental Rights through constitutional amendments. Consequently, the Parliament enacted the First, Fourth, and Seventeenth Amendment Acts to execute some Directives.
• Golaknath vs State of Punjab (1967): Supreme Court ruled that Parliament cannot remove any Fundamental Rights, which are considered inviolable. In other words, Fundamental Rights cannot be altered for the purpose of executing Directive Principles.
  • This decision conflicted with the court’s earlier judgement in the ‘Shankari Parsad case.’

In response to the Golaknath ruling, Parliament enacted the 24^th and 25^th Amendment Acts in 1971.  

24^th Amendment: Affirmed that Parliament possesses the authority to reduce or eliminate any Essential Liberties through Constitutional Amendment Acts.

25^th Amendment: Introduced a new Article 31C with two provisions:

1. Any law aiming to implement the socialistic Guiding Principles outlined in Article 39 (b) and (c) shall not be considered void on the basis of violating Fundamental Rights granted by Article 14 (equality before the law and equal protection of laws), Article 19 (protection of six rights concerning speech, assembly, movement, etc.), or Article 31 (right to property).
2. No law containing a declaration for giving effect to such policy can be challenged in court on the grounds that it fails to implement said policy.
3. Kesavananda Bharati vs State of Kerala (1973): Supreme Court deemed the second provision of Article 31C unconstitutional, arguing that judicial review is a fundamental aspect of the Constitution and therefore cannot be revoked. Supreme Court said that parliament can amend any section of the Constitution, but it cannot modify the Constitution’s “Basic Structure.” Consequently, the Right to Property (Article 31) was removed from the list of Fundamental Rights.
4. Minerva Mills vs Union of India (1980): Supreme Court reaffirmed its position that while the Parliament has the power to make changes to any part of the Constitution, it cannot alter the “Basic Structure” of the Constitution. Supreme Court also determined that the Indian Constitution is grounded in the equilibrium between Fundamental Rights and Directive Principles. Both elements jointly form the central pledge to societal transformation and act as two equally important wheels of a chariot.

Difference between Fundamental Rights and Directive Principles

Implementation Of Directive Principles

Post-1950, various central and state governments introduced legislation and programs to implement Directive Principles, such as:

• Creation of the Planning Commission in 1950 for systematic national development. In 2015, it was replaced by NITI Aayog.
• Various boards and commissions were set up to develop cottage industries in rural areas such as:
  • Khadi and Village Industries Board,
  • Small-Scale Industries Board,
  • National Small Industries Corporation,
  • Handloom Board,
  • Handicrafts Board,
  • Coir Board, and
  • Central Silk Board,
• Land reform such as abolishing intermediaries, introducing tenancy reforms, implementing landholding ceilings, distributing surplus land, and promoting cooperative farming.
• Numerous labor laws were enacted, including the
  • Minimum Wages Act,
  • Payment of Wages Act,
  • Payment of Bonus Act,
  • Contract Labour Regulation and Abolition Act,
  • Child Labour Prohibition and Regulation Act,
  • Bonded Labour System Abolition Act,
  • Trade Unions Act,
  • Factories Act,
  • Mines Act,
  • Industrial Disputes Act, and
  • Workmen’s Compensation Act.
• Child labor was banned in 2006, and the Child Labour Prohibition and Regulation Act was renamed in 2016.
• Maternity Benefit Act and Equal Remuneration Act were introduced.
• Financial resources were used to promote common good through nationalization of life insurance, commercial banks, general insurance, and the abolition of Privy Purses.
• The Legal Services Authorities Act established free and competent legal aid to the poor and organized lok adalats to promote equal justice.
• The Ancient and Historical Monument and Archaeological Sites and Remains Act (1951) was enacted to protect nationally important monuments, places, and objects.
• Various programs have been initiated to improve living standards, including:
  • Community Development Programme (1952)
  • Hill Area Development Programme (1960)
  • Drought-Prone Area Programme (1973)
  • Minimum Needs Programme (1974)
  • Integrated Rural Development Programme (1978)
  • Jawahar Rozgar Yojana (1989)
  • Swarnajayanti Gram Swarozgar Yojana (1999)
  • Sampoorna Grameena Rozgar Yojana (2001)
  • National Rural Employment Guarantee Programme (2006)
• Environmental protection and conservation legislation include Wildlife (Protection) Act (1972), Forest (Conservation) Act (1980), Water and Air Acts, National Forest Policy (1988).
• Modern agricultural techniques have been introduced, including the use of enhanced inputs, seeds, fertilizers, and irrigation systems.
• The three-tier Panchayati Raj system (at village, taluka, and zila levels) was implemented to make Gandhiji’s vision of self-sufficient villages a reality.
• Reservations for SCs, STs, and other weaker sections are provided in education, government services, and representative bodies. The National Commission for Scheduled Castes and Scheduled Tribes was established and later separated into two commissions.
• National-level commissions were formed to protect interests of society’s weaker sections, including:
  • National Commission for Backward Classes,
  • National Commission for Minorities,
  • National Commission for Women, and
  • National Commission for Protection of Child Rights.
• The 102^nd Amendment Act in 2018 enhanced the National Commission for Backward Classes’ constitutional status and responsibilities.
• In 2019, government implemented a 10% reservation for Economically Weaker Sections (EWSs) in education and government jobs, facilitated by the 103^rd Amendment Act.
• Primary health centers and hospitals were established to improve public health. Special programs were launched to combat prevalent diseases such as malaria, TB, leprosy, AIDS, cancer, filaria, kala-azar, guinea worm, yaws, and Japanese encephalitis.

Directives Outside Part IV

In addition to Part IV’s Directives, the Constitution encompasses further instructions in different sections. These include:

• Scheduled Castes and Tribes Employment Opportunities: When hiring for positions related to the Union or a State, authorities should consider the representation of Scheduled Castes and Scheduled Tribes, while ensuring administrative efficiency (Part XVI, Article 335).
• Primary Education in Native Language: States and local authorities should strive to offer primary education in the mother tongue for linguistic minority children, ensuring adequate resources (Part XVII, Article 350-A).
• Advancement of Hindi Language: The Union has the responsibility to encourage the use and development of the Hindi language, allowing it to express India’s diverse cultural components (Part XVII, Article 351).

These directives, although not legally enforceable, receive equal consideration by the judiciary, as all sections of the Constitution should be interpreted in unison.

Conclusion

The directive principles of Indian constitution act as a moral compass, guiding the legislative, executive, and administrative actions of the state. They are integral in shaping directive principles for economic policies, striving towards social and economic justice, while ensuring a democratic welfare state. Although not legally enforceable, the directive principle of state policy has special importance, as it profoundly influences the judiciary’s verdict on the constitutional validity of laws, thus reinforcing its significance in India’s governance framework.

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