Directive Principle of State Policy (DPSP)

The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing policies and passing laws.

  • DPSP’s and FRforms the Conscience of Indian Constitution

Basic aim of DPSP’s is to set up social & economic goals before the law makers

  • To bring socio-economic change in the country
  • To fulfill the basic needs of the common man
  • To reshape the structure of Indian society in direction of greater socio-economic equality.

Constitution of India Part IV deal with the provisions of the Directive Principles & are broadly classified into

  • Socialist principles
  • Gandhian principles
  • Liberal intellectual principles

 

Socialistic Principles:

a) Adequate means of livelihood for all citizens
b) Fair distribution of wealth and material resources among all classes and to prevent concentration of wealth in a few hands
c) Equal pay for equal work for men as well as women.
d) To secure just and humane conditions of work and maternity relief.

Gandhian Principles

a) To organize village Panchayats and to endowing them with such powers and authority as may be necessary to enable them to function as units of self-government;
b) To promote cottage industries on individual or co-operative basis in rural areas.
c) To safeguard and promote the educational and economic interests of the scheduled castes and scheduled tribes

d) To bring about the prohibition and consumption of intoxicating liquor.
e) To organize agriculture and animal husbandry on modern and scientific lines and in particular prohibit slaughter of cows.

Liberal Principles

a) To secure uniform and liberal code of law for all citizens of India;
b) To separate the judiciary from the executive;
c) to raise the standard of nutrition and standard of living of the people;
d) To protect monuments of historical and national interest;
e) Equal justice and free legal aid to economically backward classes;
f) participation of workers in management of organizations engaged in any industry.
g) Promotion and improvement of environment and safeguarding of forests and wild.

DPSP’s explained as per Articles of Indian Constitution

Social, Political and Economic Justice

Article 37, while stating that the Directive Principles are not enforceable in any court of law, declares them to be “fundamental to the governance of the country” and imposes an obligation on the State to apply them in matters of legislation.

Article 38 directs the state to secure a social order with economic, political and social justice for the promotion and welfare of the people.

Article 38(2) says that state shall strive to minimize the inequalities of income, status, facilities, opportunities etc.

Principles of Policy

Article 39 says that while framing policies, state would strive to provide adequate means of livelihood, equal pay for equal work, resource distribution, and safety of citizens and healthy development of Children.

Free Legal aid

Article 39-A says that then state will try to make legal system fair and would provide free legal aid by means of some scheme or law.

Organization of Panchayats

Article 40 says that the state shall take steps to organize Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. The 73rd and 74th amendments of the constitution later culminated as constitutionally backed framework for this DPSP.

Welfare Government

Article 41 says that state shall (within its limits of economic capacity & development) will make effective provisions for securing right to work, education etc. and to Public Assistance in case of unemployment, old age, sickness, disablement or any other case of undeserved want.

Securing just and humane work and maternity relief

Article 42 says that state shall make provisions for securing just and humane conditions for work and for maternity relief.

Fair wages and decent standard of life

Article 43 says that the state will endeavor to secure by suitable legislations or economic organizations or in 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 & social cultural opportunities and in particular promote cottage industries on an individual or cooperative basis in rural areas.

Worker’s participation in management

Article 43 A says that the state shall take steps, by suitable legislation or in any other wayto secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry. Government had launched various schemes on workers participation in PSUs to fulfill this directive.

Promotion of Cooperatives

Article 43-B inserted by 97th amendment act in 2011 says that state shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies.

Uniform Civil Code

Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Infant and Child Care

Article 45 says that State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.

Protection of SCs, STs, weaker sections from exploitation

Article 46 says 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 the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

Nutrition, Standard of living and public health

Article 47 says that 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 and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Scientific agriculture and animal husbandry

Article 48 says that the State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Environment and wildlife Protection

Article 48A says that the state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.

Protection of monuments and places and objects of national importance

Article 49 says that state will be obliged to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Separation of judiciary from executive

Article 50 says that State shall take steps to separate the judiciary from the executive in the public services of the State.

Promotion of international peace and security

Article 51 says that state shall endeavor to promote international peace and security, maintain just and honorable relations between nations, foster respect for international law and treaty.

 

DPSPs added by Amendments of Constitution
42nd Amendment 1976

Four Directive Principles were added by 42nd amendment as follows:

  • To secure opportunities for healthy development of children (Article 39)
  • To promote equal justice and to provide free legal aid to the poor (Article 39 A)
  • To take steps to secure the participation of workers in the management of industries (Article 43 A)
  • To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
44th Amendment 1978

The 44th Amendment Act of 1978 added article 38(2) which said that state  shall,   in   particular,  strive  to  minimize  the inequalities  in  income, and endeavor 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.

97th Amendment 2011

Article 43-B inserted by 97th amendment act in 2011 says that state shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies.

Further, the 86th amendment changed the subject of article 45 and brought it among fundamental rights as article 21-A for children of 6-14 age. The same article was now a directive principle to state to take care of the children below 6 years.

Amendment of DPSP

The Directive Principles of State Policy are subject to amendments via Article 368 only.

Comparison of Fundamental Rights and Directive Principles

Following are the key comparisons of FRs and DPSPs:

  • While most FRs have some negative connotation i.e. they prohibit the state from doing something, the DPSP direct the state for doing something.
  • While FRs are enforceable in court, DPSPs are not enforceable in court.
  • While objective of FRs is to establish political democracy, objective of DPSPs is to establish a social and economic order.
  • While FRs have legal sanction, DPSPs have moral sanction rather.
  • While FRs are individualistic, DPSPs are collectivistic i.e. they promote the welfare of entire community.
  • FRs don’t need separate legislations as such because they are enforceable in court. To implement DPSPs, government needs to make separate laws.

Deepali Shah

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