Directive Principles Of State Policy: A Must Read For All Law Students

If you’re a law student, you’re not just memorizing statutes—you’re diving into what really shapes our country. Everyone talks about Fundamental Rights (that’s Part III of the Indian Constitution), but people tend to overlook their equally important twin: the Directive Principles of State Policy, or DPSP, tucked away in Part IV. These aren’t just some lofty guidelines; they’re the soul of the Constitution, pointing lawmakers toward a fairer, more humane society. Getting a grip on the DPSP isn’t just about passing exams. It’s how you start to see what the framers of our Constitution actually wanted for India.

Introduction: The Soul of the Constitution

The Directive Principles of State Policy are a set of guidelines and principles enshrined in Part IV (Articles 36-51) of the Constitution of India. Borrowed from the Irish Constitution of 1937, these principles are directives, or instructions, to the State (central, state, and local governments) to be kept in mind while framing laws and policies. Their primary purpose is to establish a social and economic democracy by paving the way for a ‘welfare state’. While Fundamental Rights primarily protect individuals from arbitrary state action (negative obligations), the DPSP imposes positive obligations on the State to work towards certain socio-economic goals. Dr. B.R. Ambedkar described them as the “instrument of instructions” and the “novel features” of the Indian Constitution, emphasizing their significance as fundamental guidelines for governance.

The Philosophy and Nature of DPSP

The main idea behind the Directive Principles of State Policy (DPSP) is to establish a ‘welfare state’. This concept goes beyond the usual roles of defense and law enforcement; it aims to actively enhance the economic and social well-being of its citizens. The DPSP lays out a thorough political, social, and economic framework for a modern democratic society. One key feature of the DPSP is that it’s non-justiciable. Article 37 of the Constitution clearly states that the provisions in Part IV “shall not be enforceable by any court.” In simpler terms, this means that citizens can’t take the government to court to force it to follow a Directive Principle. But what does “non-justiciable” really mean? Does it make these principles ineffective? Not at all. Article 37 also emphasizes that these principles are “fundamental in the governance of the country,” and it’s the State’s duty to apply them when making laws. This creates a strong moral and political responsibility. While there may not be legal consequences, the ultimate power lies with the people. If a government disregards these directives, it can be held accountable by voters during elections. Thus, the DPSP acts as a benchmark for citizens to evaluate the government’s performance.

Classification of the Directive Principles

To make studying the Directive Principles easier, they are generally divided into three categories, reflecting the ideologies that shaped them

Socialist Principles

These principles embody the ideology of socialism and lay down the framework of a democratic socialist state. They aim at providing social and economic justice and setting the path towards a welfare state. Key articles include:

• Article 38: Directs the state to promote the welfare of the people by securing and protecting a social order in which justice—social, economic, and political—informs all institutions of national life. It also aims to minimize inequalities in income, status, facilities, and opportunities.
• Article 39: This is a cornerstone article that directs the state to secure for all citizens:
  • Adequate means of livelihood.
  • Equitable distribution of the material resources of the community for the common good.
  • Prevention of concentration of wealth.
  • Equal pay for equal work for both men and women.
• Article 39A: Added by the 42nd Amendment, it directs the state to provide free legal aid to the poor and to ensure that justice is not denied to any citizen for economic or other disabilities.
• Article 41: Secures the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
• Article 42: Makes provision for securing just and humane conditions of work and for maternity relief.

Gandhian Principles

These principles are based on the ideals of Mahatma Gandhi, reflecting his vision for reconstructing India. They represent the programme of action he would have advocated for.

• Article 40: Directs the state to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• Article 43: Aims to promote cottage industries on an individual or co-operative basis in rural areas.
• Article 47: Imposes a duty on the state to raise the level of nutrition and the standard of living and to improve public health, and specifically, to prohibit the consumption of intoxicating drinks and drugs injurious to health.
• Article 48: Directs the state to prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.

Liberal-Intellectual Principles

These principles embody the essence of liberalism, aiming to create a modern, rational, and progressive society.

• Article 44: This article urges the state to ensure that all citizens have access to a Uniform Civil Code (UCC) across India.
• Article 45: Initially, this article mandated free and compulsory education for children up to the age of 14. However, following the 86th Amendment Act in 2002, which established elementary education as a Fundamental Right under Article 21A, it now directs the state to provide early childhood care and education for all children until they turn six.
• Article 48A: Introduced by the 42nd Amendment, this article requires the state to protect and enhance the environment, as well as to preserve the country’s forests and wildlife.
• Article 50: This article calls for the state to take measures to separate the judiciary from the executive within public services.
• Article 51: The goal here is to promote international peace and security, maintain fair and honorable relations between nations, uphold respect for international law, and encourage the resolution of international disputes through arbitration.

The Vital Connection: Fundamental Rights vs. DPSP

The interplay between the enforceable Fundamental Rights (Part III) and the non-enforceable DPSP (Part IV) has sparked significant constitutional discussions and judicial interpretations. This relationship is one of the key areas of focus in Indian constitutional law. At first, the judiciary leaned towards prioritizing Fundamental Rights. In the landmark case of State of Madras v. Champakam Dorairajan (1951), the Supreme Court determined that if a law designed to implement a DPSP infringes on a Fundamental Right, the Fundamental Right takes precedence. The Court concluded that the DPSP must operate as a subordinate to the Fundamental Rights. The judicial perspective has certainly changed over time. The courts quickly recognized that sticking to a strict interpretation could jeopardize the socio-economic goals laid out in the Constitution. They started embracing the doctrine of harmonious construction, which suggests that the Constitution should be viewed as a cohesive whole, with each provision interpreted in a way that respects and upholds all others, rather than allowing one to negate the other. A pivotal moment came with the landmark case of Kesavananda Bharati v. State of Kerala (1973). The Supreme Court ruled that Fundamental Rights and Directive Principles of State Policy (DPSP) are not at odds with each other; instead, they complement one another. Together, they embody the essence and spirit of the Constitution. The Court stressed that neither can be sacrificed for the other; they need to be balanced. It famously noted that the directive principles and fundamental rights are like the two wheels of a chariot, driving the social revolution forward. This balance was further reinforced in the case of Minerva Mills Ltd. v. Union of India (1980). The Supreme Court invalidated a provision from the 42nd Amendment that prioritized all DPSPs over certain Fundamental Rights (specifically Articles 14, 19, and 31). The Court powerfully stated: “The Indian Constitution is built on the foundation of balance between Part III and Part IV. To give absolute priority to one over the other disrupts the harmony of the Constitution. This balance between fundamental rights and directive principles is a crucial aspect of the Constitution’s basic structure.” As it stands now, while Fundamental Rights take precedence in cases of direct conflict, laws created to implement DPSP are viewed as reasonable and in the public interest, which helps them hold up against challenges under Articles 14 and 19.

Relevance and Implementation of DPSP

The DPSP are far more than just lofty ideals. They have been the driving force behind a multitude of laws and government initiatives aimed at building a welfare state. Some notable examples include:

• Panchayati Raj System: The 73rd Constitutional Amendment Act of 1992 gave constitutional status to Panchayati Raj institutions, realizing the Gandhian principle in Article 40.
• Labour Rights: The Minimum Wages Act (1948), the Maternity Benefit Act (1961), and the Equal Remuneration Act (1976) are direct implementations of principles laid down in Articles 39 and 42.
• Free Legal Aid: The Legal Services Authorities Act (1987) was enacted to give effect to Article 39A.
• Environmental Protection: The Wildlife (Protection) Act of 1972 and the Forest (Conservation) Act of 1980 were enacted in furtherance of Article 48A.

The debate on the Uniform Civil Code (Article 44) remains a prominent example of a DPSP yet to be fully realized. It continues to be a subject of intense political and social discourse, highlighting the enduring relevance of these principles in shaping India’s future.

Conclusion: Why DPSP is a Must-Read for Law Students

For anyone studying law, the Directive Principles of State Policy are a crucial element of constitutional education. They explain the reasoning behind the laws we have. Although they can’t be enforced in court, they serve as the moral compass of the Constitution. Grasping the DPSP is vital for several reasons:

1. Constitutional Interpretation: The judiciary frequently relies on DPSP to clarify vague sections of the Constitution and laws, steering them toward fair outcomes.
2. Foundation of Governance: These principles lay the philosophical groundwork for all legislative and executive actions, influencing the nation’s socio-economic path.
3. Understanding Social Justice: They act as a blueprint for social and economic justice in India, offering a framework for public policy, administrative law, and human rights jurisprudence.

In essence, the Directive Principles of State Policy breathe life into the Constitution, transforming it from a mere legal document into a charter for socio-economic transformation. They remind us that the goal of the law is not just to maintain order but to build a nation where justice, liberty, equality, and fraternity are a lived reality for every citizen. As future lawyers, judges, and policymakers, a deep understanding of these principles will equip you to contribute meaningfully to this constitutional vision.