DPSP

The Directive Principles of State Policy (DPSPs) are a set of principles contained in Part IV of the Indian Constitution (Article 36 to 51). They are welfare objectives the government should keep in mind while making laws. The idea of Directive Principles of State Policy is borrowed from the Irish Constitution. Though not directly enforceable, they guide the government to create a fair and equitable society. DPSPs complement Fundamental Rights by providing a socio-economic framework. While Fundamental Rights are legally enforceable, DPSPs serve as a moral and social compass for the state, urging the government to strive towards achieving socio-economic justice.

The concept of having Directive Principles of State Policy was seen for the first time in the Spanish Constitution, which was adopted by the Irish in their Constitution under Article 45 and later by the founding fathers of the Indian Constitution. These principles, originate from the idea of a just and equitable society, provide guidelines for governance, emphasising socio-economic justice. However they were not made mandatory. Article 37 of the Constitution says that

• The Directive Principles shall not be enforceable by any court of law, but
• the principles laid down (in this part) are fundamental in the governance of the Country and
• It is the duty of the state to apply these principles in making laws.

The Directives set out the aims and objectives to be taken up by the State in the governance of the Country. Dr. Ambedkar called them a novel feature of the Constitution of India. They serve as "instruments of instructions" on all future governments regardless of their ideology. These principles are meant for the State to follow in matters of administration and in making laws. Hence, it is the duty of every responsible government to translate these principles into action to promote socio-economic justice among citizens.

Classification of DPSPs: They can broadly be classified into Liberal, Socialist and Gandhian.

1. Directives based on Liberal Principles:
   • Article 44: Uniform civil code for the citizens: To ensure national integration and equality of all citizens in matters of marriage, inheritance, divorce, succession, maintenance etc.
   • Article 45: Provision for early childhood care and education to children below the age of six years: Inserted by the 86th Constitutional Amendment 2002.
   • Article 48: Organisation of agriculture and animal husbandry: State should modernise agriculture and animal husbandry, ensure scientific approach, protect the breeds of animals and prohibit slaughter of milk giving cows.
   • Article 48A: Protection and improvement of environment and safeguarding of forests: Inserted by 42nd Constitutional Amendment of 1976.
   • Article 49: Protection of monuments and places and objects of national importance: Protection from spoilage, disfigurement, destruction, removal, disposal, or export.
   • Article 50: Separation of judiciary from executive: forms the basis or the bedrock of the principle of independence of the judiciary or “Judicial Independence”. It states that the state is required to take steps to separate the judiciary from the public services of the state.
   • Article 51: Promotion of International peace and security: It states India should maintain honourable relations with other nations, respect international law and treaty obligations. It encourages settlement of international disputes by arbitration
   
   
2. Directives based on Socialism
   • Article 38: State to secure a social order for the promotion of welfare of the people: It reaffirms the constitutional objective outlined in the Preamble: ensuring social, economic, and political justice. A welfare state would create a society where there is equality of opportunity and income.
   • Article 39: Certain principles of policy to be followed by the State: State will ensure welfare by ensuring right to work, distribution of resources in a way which is good for the community, prevent concentration of wealth, ensure men and women are paid equally, protect workers from abuse and ensure healthy development of children.
   • Article 39A: Equal justice and free legal aid: Inserted by the 42nd Constitutional Amendment of 1976. The National Legal Service Authority and State Legal Service Authorities were setup in 1978.
   • Article 41: Right to work and education: State should ensure that citizens have opportunities for employment or means of livelihood. Right to Education to empower individuals and promote their capabilities. Public assistance should be given to those who are old, sick or unemployed.
   • Article 42: Just and humane work conditions and maternity relief- The Social Security Code, 2020 provides 24 weeks maternity benefit and facility of creche for working mothers.
   • Article 43: Living wage for workers: Emphasises the State's responsibility for affording to the less fortunate a minimum wage to cope with the cost of baisc needs, welfare of workers, policies for favourable working conditions and recognizing the dignity of labour.
   • Article 43A: Participation of workers in the management of industries: Inserted by 42nd Constitutional Amendment of 1976 to ensure social justice.
   • Article 47: Duty of State to raise level of public health and nutrition
   
   
3. Directives based on Gandhian principles
   • Article 40: Organisation of village panchayats: to empower village panchayats as units of self-government.
   • Article 43B: Promotion of cooperative societies: Inserted by 97th Constitutional Amendment of 2011 to setup autonomous, democratic & professionally managed Co-operative societies.
   • Article 46: Promotion of educational and economic interest of Scheduled Castes, Scheduled Tribes and other weaker sections of the society: Special attention to educational and economic interests is required to protect SC/ST from social injustice and other forms of exploitation.
   • Article 48: Organisation of agriculture and animal husbandry: This Article to the extent of banning slaughter of cows and other milch cattle falls under Gandhian principles
   
   

Non Justiciable Directive Principles: Article 37 states they are non-enforceable because impose positive obligations on the state. This way, each state can try to achieve these objectives as much as their financial resources allow them.

Some other Directives contained in other parts of the Indian Constitution:

1. Article 350A: State and every local authority to provide adequate facilities for instruction in the mother-tongue at primary education level to children belonging to the linguistic minority groups.
2. Article 351: Union to promote Hindi as a medium of expression in composite culture of India.
3. Article 335: Reservations for SC/STs should be balanced with maintaining efficiency in administration also.

• Positive or Negative Obligation: Fundamental Rights' aim is to ensure equality and liberty. They are negative obligation which restrain the state from taking actions that harm individuals. DPSPs on the other hand are a positive provision which the state may provide for benefit of all based on its economic capacity.
• Justiciability:The DPSPs are not enforceable in the courts, while Fundamental Rights are as the Court can strike down a law violative of Fundamental Rights.

Harmonious Interpretation: The Supreme Court in Minerva Mills Case (1980) held that DPSPs and Fundamental Rights must be read harmoniously instead of giving primacy to either one over the other. In the Unni Krishnan Case (1993) Supreme Court said that Fundamental Rights and DPSPs are supplementary and complementary to eachother. In fact, Fundamental Rights should be interpreted in light of the Preamble and the DPSPs to give full effect to them.

The Directive Principles of State Policy act as guiding beacons, stating the socio-economic vision outlined within the Indian Constitution for the law makers. Though they are not directly enforceable, they serve as a roadmap for the government to develop a just, equitable, and welfare-driven society and State. Their harmonious coexistence with Fundamental Rights is important, because while Fundamental Rights guarantee individual liberties and protections, Directive Principles provide the blueprint for a more inclusive, fair, and socially just society. It can also be said that Fundamental Rights cannot exist in an anarchist society and require a fair and just society for their existence, and a free and fair society can exist by implementation of DPSPs. This relationship between the two, forms the constitutional ethos (distinguishing character) which balances individual rights with societal welfare, to create a framework aimed at achieving not just legal justice but also socio-economic equality for all its citizens.