Directive Principles of State Policy

UPSC : CSE/IAS Directive Principles of State Policy

Inserted in Part IV of the Constitution.
Articles 36 to 51.
Borrowed from the Irish Constitution of 1937.
Dr. B.R. Ambedkar described it as ‘novel features’ of the Indian Constitution.
The Directive Principles + the Fundamental Rights = philosophy of the Constitution and is the soul of the Constitution.
The Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution (Granville Austin)

Features of the Directive Principles

While formulating policies and enacting laws, the State should keep in mind the ideals of the ‘Directive Principles of State Policy’.
Resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935 (instructions to the legislature and the executive).
Constitute a very comprehensive economic,social and political programme for a modern democratic State.
They embody the concept of a ‘welfare state’
They seek to establish economic and social democracy in the country.
The Directive Principles are non-justiciable in nature (not legally enforceable by the courts for their violation).
- These principles are fundamental in the governance of the country and the State to apply these principles in making laws (Article 37).
- It helps the courts in examining and determining the constitutional validity of a law.

On the basis of their content and direction,Directive Principles are classified into three broad categories, socialistic, Gandhian and liberal-intellectual.
No classification is given by the constitution.

Reflect the ideology of socialism.
Aimed at providing social and economic justice, and set the path towards welfare state.
The state should promote the welfare of the people (To promote social, economic and political justice and to minimise inequalities -Article 38).
Opportunities for healthy developmentof children (Article 39).
To promote equal justice and to provide free legal aid to the poor (Article 39 A).
To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).
To make provision for just and humane conditions of work and maternity relief (Article 42).
To secure a living wage , a decent standard of life and social and cultural opportunities for all workers (Article 43).
To take steps to secure the participation of workers in the management of indus-tries8 (Article 43 A).
To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).

Based on Gandhian ideology.
The State should organise village panchayats (Local self-government, Article 40).
The State should promote cottage industries (rural areas - Article 43).
The State should promote voluntary formation, functioning, control and management of cooperative societies (Article 43B).
The State should promote the educational and economic interests of SCs, STs, and other weaker sections of the society (Article 46).
To prohibit the consumption of intoxicating drinks and drugs (Article 47).
To prohibit the slaughter of cows, calves and other milch (Article 48).

This category represent the ideology of liberalism.
To secure for all citizens a uniform civil code throughout the country (Article 44).
The state should provide early childhood care and education for all children (upto the age of six years - Article 45).
Organising agriculture and animal husbandry (Article 48).
To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
To protect monuments, places and objects of national importance (Article 49).
Separation of the judiciary from the executive (Article 50).
To promote international peace and security (Article 51).

1. No Legal Force

K.T. Shah - ‘pious superfluities’ and compared them with ‘a cheque on a bank, payable only when the resources of the bank permit’.
Nasiruddin - ‘no better than the new year’s resolutions, which are broken on the second of January’.
T.T. Krishnamachari - ‘a veritable dustbin of sentiments’.
K C Wheare - ‘manifesto of aims and aspirations’
Sir Ivor Jennings - ‘pious aspirations’.

2. Illogically Arranged

N.Srinivasan - ‘the Directives are neither properly classified nor logically arranged.
Sir Ivor Jennings - no consistent philosophy

3. Conservative

4. Constitutional Conflict

Between the Centre and the states, between the President and the Prime Minister, and between the governor and the chief minister (K.Santhanam)

Directive Principles	Fundamental Rights
• Positive (State to do certain things as per DPSP)	• Negative (prohibit the State from doing certain things)
• Non-justiciable (not legally enforceable by the courts for their violation)	• Justiciable (legally enforceable by the courts for their violation)
• Establishing social and economic democracy	• Establishing political democracy
• Have moral and political sanctions	• Have legal sanctions.
• Promote the welfare of the community	• Promote the welfare of the individual
• Require legislation for their implementation	• Do not require any legislation for their implementation
• Courts cannot declare a law violative of any of these Principles	• Courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid