MEANING, DEFINITION & EXPLANATION

The Directive Principles of State Policy (DPSP) are guidelines enshrined in Part IV (Articles 36-51) of the Indian Constitution. They direct the state to establish a just society by promoting social and economic welfare. Although non-justiciable, meaning they cannot be enforced in a court of law, DPSPs are fundamental in governance, aiming to create a welfare state.

HISTORICAL BACKGROUND / EVOLUTION

The concept of DPSP is inspired by the Irish Constitution, which in turn drew from the Spanish Constitution. Indian Constitution framers incorporated DPSPs to address socio-economic challenges and guide the state in policy-making. The Government of India Act, 1935, also influenced the inclusion of these principles.

CLASSIFICATION OF DIRECTIVE PRINCIPLES

DPSPs are broadly classified into three categories:

1. Socialistic Principles:
   Aim to provide social and economic justice, setting the path toward a welfare state. They include provisions like securing a living wage, equal pay for equal work, and promoting the welfare of the people.

2. Gandhian Principles:
   Reflect Mahatma Gandhi’s ideals, focusing on promoting cottage industries, organizing village panchayats, and improving public health.

3. Liberal-Intellectual Principles:
   Aim to secure a uniform civil code, protect the environment, and promote international peace and security.

KEY ARTICLES AND THEIR PROVISIONS

• Article 38: Mandates the state to promote the welfare of the people by securing a social order based on justice—social, economic, and political.

• Article 39: Directs the state to ensure adequate means of livelihood, equal pay for equal work, and prevent the concentration of wealth.

• Article 40: Obligates the state to organize village panchayats and endow them with necessary powers to function as units of self-government.

• Article 44: Encourages the state to secure a uniform civil code for all citizens across India.

• Article 45: Provides for free and compulsory education for children below the age of six years.

• Article 47: Directs the state to raise the level of nutrition and standard of living and to improve public health.

RELATIONSHIP WITH FUNDAMENTAL RIGHTS

Initially, there was a perceived conflict between Fundamental Rights (Part III) and DPSPs (Part IV). In State of Madras v. Champakam Dorairajan (AIR 1951 SC 226), the Supreme Court held that in case of conflict, Fundamental Rights would prevail. However, subsequent amendments and judgments, such as the 42nd Amendment and the Minerva Mills Ltd. v. Union of India (AIR 1980 SC 1789), emphasized the harmony and balance between Fundamental Rights and DPSPs, stating that both are essential features of the Constitution.

IMPLEMENTATION AND JUDICIAL INTERPRETATION

While DPSPs are non-justiciable, they have been instrumental in shaping policies and laws. The judiciary has often referred to DPSPs to interpret laws and Fundamental Rights. In Unni Krishnan v. State of Andhra Pradesh (1993 SCC (1) 645), the Supreme Court recognized the right to education as a Fundamental Right, drawing inspiration from Article 45.

SIGNIFICANCE IN GOVERNANCE

DPSPs serve as a beacon for the state to formulate policies aimed at social and economic welfare. They reflect the ideals and aspirations of the Constitution, guiding the state toward achieving social justice and establishing a welfare state.

CRITICISM

Critics argue that the non-justiciable nature of DPSPs renders them ineffective. Some principles are considered vague, and there are instances of conflict between different directives. However, their role as guiding principles in governance remains undisputed.

CONCLUSION

The Directive Principles of State Policy are integral to the Indian Constitution, embodying the vision of a just and equitable society. They act as a guiding force for the state to implement policies that aim to reduce inequalities and promote the welfare of the people, thus playing a crucial role in the nation’s governance.

REFERENCES

1. Directive Principles of State Policy, iPleaders Blog.
2. Directive Principles of State Policy: Articles 36 – 51 Under Indian Constitution, iPleaders Blog.
3. Directive Principles of State Policy (DPSPs), Next IAS.
4. Directive Principles of State Policy, Drishti Judiciary.
5. Directive Principles of State Policy (DPSP) – Indian Polity Notes, BYJU’S.
6. Directive Principles of State Policy, Ministry of External Affairs.