Directive Principles of State Policy (DPSP)

Features of DPSP:

• DPSP are not enforceable in a court of law.
• They were made non-justifiable considering that the State may not have enough resources to implement all of them or it may even come up with some better and progressive laws.
• It consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country.
• The DPSPs are like a collection of instructions and directions, which were issued under the Government of India Act, 1935, to the Governors of the colonies of India.
• It constitutes a very comprehensive economic, social and political guidelines or principles and tips for a modern democratic State that aimed towards inculcating the ideals of justice, liberty, equality and fraternity as given in the preamble. The Preamble consists of all the objectives that needs to be achieved through the Constitution.
• Adding DPSP was all about creating a “welfare state” which works for the individuals of the country which was absent during the colonial era.

Directive Principles are not classified in constitution as per their underlying philosophies. However, they can be classified into – socialistic, Gandhian and liberal-intellectual.

DPSPs were made non-justiciable because of following Reasons:

• Country did not possess sufficient financial powers to implement them all
• Diversity could stand in the way of their implementation
• The newly independent state should be free to decide their implementation as the per the state of society rather than a blanket imposition by constituent assembly

• To usher in social and economic democracy
• Moral obligation for the state to implement these provisions
• Why it was made non-justiciable?

1. Country did not possess sufficient financial powers to implement them all
2. Diversity could stand in the way of their implementation
3. The newly independent state should be free to decide their implementation as the per the state of society rather than a blanket imposition by constituent assembly

• No legal force: They were described as ‘pious superfluities’ and was compared to a blank cheque, new year’s resolutions, manifestation of aims and aspirations
• Illogically arranged: DPSP have been criticized for being arranged in an illogical manner and without any consistent philosophy
• Conservative and orthodox: Some provisions are outdated and are not consistent with 21^st century philosophies. Ex: Banning intoxicating drinks
• Might lead to confusion and conflicts
• Can cause conflicts between centre and states during implementation of DPSP
• Constitutional cases were high during the initial stages concerning the conflicts between FRs and DPSP

Conflicts between President and the cabinet, centre and state could also occur. Ex: States could be dismissed in case of non-compliance; President might not give assent if laws made to give effect to DPSP are violative of FRs

• Policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) gets their authority from Article 39(a) which talks about the right to adequate means of livelihood.
• Laws such as the Child Labour (Prohibition and Regulation) Act 1986bolster the canons of Article 39(g) which deals with the protection of children.
• Laws pertaining to prohibition of slaughter of cows and bullocks get their sanctity from Article 48 which deals with the organization of agriculture and husbandry.
• Government Policies such as Integrated Rural Development Program (IRDP), Integrated Tribal Development Program (ITDP), and Pradhan Mantri Gram Sadak Yojana, Ayushman Bharata etc.are the reflections of the principle objectives enumerated in Article 47 which talks about raising the standard of living and to improve public health.
• Government has undertaken reforms in Land laws which were the primary reasons for inequality British times. Such reforms give effect to Article 43 which tries to secure by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life
• States have instituted scholarship programmes, subsidies for minority run institutions and also enacting Right to Education Act (RTE) in 2006 to give effect to Article 46 which seeks to promote educational and economic interests of the weaker sections of the people
• Ever since independence, India’s foreign policy has revolved around promoting an international order based on humanity, peace, honorable relations, security etc. This has taken the form of organizations such as Non-Alignment Movement (NAM), International Solar Organization or even India’s commitment to Paris climate agreements These policies give effect to Article 51 which seeks to promote a foreign policy based on just and humane values.
• Perhaps one of the greatest achievements of the government in giving effect to DPSP has been instituting local self-government institutions at the village and district level to give effect to Article 40 which seeks to organize village panchayats
• Various programmes have been started at the central and state level to ensure adequate means of livelihood and also in ensuring good health of women (Janani Suraksha Yojana). Such programmes give effect to Article 39 which aims to secure a good standard of living for women in the country
• India has enacted several environmental conservation acts such as- Environmental Protection Act, Wildlife conservation act etc. These acts seek to implement the provisions of Article 48A which seeks to protect and improve the environment and to safeguard the forests and wildlife of the country.
• The emphasis on ‘Early childhood care and education’ in the newly unveiled National Education Policy (NEP) seeks to realize the provisions of article 45 which aims to provide for early childhood care and education for all children until they complete the age of six years.

Despite these actions taken for implementation of the DPSP, the DPSPs have not helped in truly realizing the goal of socio-economic justice in the country. Ex: High rate of poverty and inequality, discrimination faced by weaker sections in the society, degradation of environment etc.

The conflict between FR and DPSP arises primarily because of justiciablity of one and the lack of the same. The Supreme Court’s jurisprudence has developed in the following ways:

• Champakam Dorairajan case: Fundamental Rights would prevail over the DPSP in case of conflict between the two. However, legislature can amend FR to give effect to DPSP
• Golaknath case: FR are sacrosanct in nature and cannot be amended for implementation of DPSP
• Keshavanda Bharati case: Article 31C providing blanket immunity for those laws giving effect to DPSP was deemed null and void.
• Minerva Mills case: Constitution is founded on the bedrock of balance between FR and DPSP

The present position is that FR enjoys supremacy over the DPSP. Yet, this does not mean that DPSP cannot be implemented