DETAILED ANALYSIS OF DIRECTIVE

PRINCIPLES OF STATE POLICY

SUBMITTED TO- Dr. Deepa Kaushik

SUBMITTED BY- Tushar
Enrollment Number- 00517703819
Class- IV-A
S. No. TOPICS REMARKS
1. Introduction
2. Features of DPSP
3. Ideological or in-principle
classification of DPSPs
4. Socialist principles
5. Liberal principles
6. Gandhian principles
7. International principles
8. Enforceability of DPSPs
9. DPSPs and Fundamental
Rights
10. Judicial pronouncements
11. DPSPs and amendments
12. DPSPs and it’s
implementation
13. Importance of DPSPs for an
Indian citizen
14. Conclusion
15. References

INTRODUCTION
These are guidelines/principles given to the central and state governments of India, to be kept
in mind while framing laws and policies. These principles were deemed fundamental in the
governance of the country since it epitomized the hopes and aspirations of the Indian people.
To secure for all the citizens the great ideals mentioned in preamble. The basic aim of the
directive principles is to establish a welfare state where economic and social democracy might
flourish. It is an endeavor to take India out of the vigorous clutches of socio-economic evils
inflicting pain on it for last many centuries. It is a concerned effort to foster all round
development so as to establish socio-economic justice and democratic socialism in the country.
Philosophy of DPSP is influenced by conglomeration of gandhian , socialist, scientific and
internationalist philosophy. Philosophy of DPSP is to establish the utopian society in the
country. The idea of such policies “can be traced to the declaration of the rights of man
proclaimed by revolutionary France and the declaration of independence by the American
colonies. The Indian constitution was also influenced by the United Nations universal
declaration of human rights. The directive principles of the Indian constitution have been
greatly influenced by the Irish directive principles of state policy. It is given in part IV of
constitution from article 36 to 41.

FEATURES OF DPSP
Directive Principles of State Policy are not enforceable in the courts and no one can go near the
court for its proper implementation. Directive Principles of State Policy are some instructions to
the State for achieving socio-economic development. Directive Principles of State Policy are
positive in nature. These principles increase power and functions of the State. Directive
Principles of State Policy aims at establishment of a welfare state by securing social and
economic justice. These principles have great moral value also. It constitutes the conscience of
our Constitution. Directive Principles of State Policy constitute the mirror of public opinion.
These principles always reflect the will of the people. These are embodied in the Constitution to
the meet the aspirations of the people. It is also a yardstick for measuring Govt. Performance.
These are fundamental in the governance of the country. The State should follow these
principles for progress of the country.

IDEOLOGICAL OR IN-PRINCIPLE CLASSIFICATION OF

DPSPs
• Socialist Principles
• Liberal Principles
• Gandhian Principles
• International principles

SOCIALIST PRINCIPLES
Article 38 of the Constitution of India shall strive to formulate such social system which will
secure social, economic and political justice to all in all the spheres of life. Article 39(a) the
state shall try to formulate its policy in such a manner so as to secure adequate means of
livelihood for all its citizens. Article 39(b) the ownership of material resources would be
controlled in such a manner so as to subserve the common good. Article 39(c) the economy of
the state will be administered in such a manner so that wealth may not yet be concentrated in
a few hands and the means of production may not be used against the public interest. Article
41 of the Indian Constitution of the State will work within the limits of its economic viability and
progress, provide to the citizens the right to work, the right to education and general assistance
in the event of unemployment, old age, disease and other disabilities. Article 42 of the Indian
Constitution the state will make provisions for the creation of just and humane conditions of
work. It will also ensure maternity relief. Article 43 of the Indian Constitution the state will
ensure adequate wages, good life and rest to the labourers. The state will also endeavor to
make available to the labourers various socio-cultural facilities.

LIBERAL PRINCIPLES
Article 44 of the Indian Constitution? The State shall endeavor to formulate and implement a
Uniform civile-code for all the people living throughout the territory of India. Article 45 of the
Indian Constitution the State shall endeavor to provide early childhood care and education for
all the children until they complete the age of six years. Article 47 of the Indian Constitution the
State shall strive to raise the level of nutrition and the standard of living. Thus, it will endeavor
to improve upon the health of the people. Article 48 of the Indian Constitution, the State shall
strive to organize agriculture and husbandry on modern and scientific lines. It will also try to
maintain and improve upon the breed of the animals. Article 50 of the Indian Constitution the
state will try to separate the judiciary from the executive in the case of public service.

GANDHIAN PRINCIPLES
Article 40, State will strive to organize Panchayats in villages and will endow them with such
powers which enable them to act as units of self-government. Article 43, the state shall strive to
develop the cottage industry in the rural areas both, on individual or cooperative basis. Article
47, the state will strive to ban the consumption of wine, other intoxicating drinks and all such
commodities which are considered injurious to health. Article 48 reveals that State will ban
slaughtering of cows, calves and other milch cattle.

INTERNATIONAL PRINCIPLES
Article 51(a)- The State will strive to promote international peace and security. Article 51(b)-
The State will strive to maintain just and- honorable relations among various states in the
world. Article 51(c)- The State will endeavor to promote respect for international treaties,
agreements, and law. Article 51(f)- The State will strive to settle international disputes by
arbitration.

ENFORCEABILITY OF DPSPs
Many times, the question arises that whether an individual can sue the state government or the
central government for not following the directive principles enumerated in Part IV. The answer
to this question is in negative. The reason for the same lies in Article 37 which states that:
“The provisions contained in this Part shall not be enforceable by any court, but the principles
therein laid down are nevertheless fundamental in the governance of the country and it shall be
the duty of the State to apply these principles in making laws.”
Therefore, by the virtue of this Article no provision of this part can be made enforceable in the
court of law thus these principles cannot be used against the central government or the state
government. This non-justiciability of DPSPs make the state government or the central
government immune from any action against them for not following these directives.
Another question arises that whether Supreme Court or High Court can issue the writ of
mandamus if the state does not follow the directive principles. The literal meaning of
mandamus is “to command.” It is a writ which is issued to any person or authority who has
been prescribed a duty by the law. This writ compels the authority to do its duty.
The Writ of mandamus is generally issued in two situations. One is when a person files writ
petition or when the Court issues it Suo moto i.e., own motion. As per Constitutional Principles,
a Court is not authorized to issue the writ of mandamus to the state when the Directive
Principles are not followed because the Directive Principle is a yardstick in the hand of people
to check the performance of government and not available for the courts. But the Court can
take Suo moto action when the matter is of utmost public importance and affect the large
interest of the public.
Fundamental Rights are the legal obligation of the state to respect, whereas the DPSPs is the
moral obligation of the state to follow. Article 38 lay down the broad ideals which a state
should strive to achieve. Many of these Directive Principles have become enforceable by
becoming a law. Some of the DPSPs have widened the scope of Fundamental Rights.

DPSPs AND FUNDAMENTAL RIGHTS

The compatibility between Fundamental Rights and DPSPs have always been contentious. The
applicability of both the concepts needs to be understood because if the Constitution is a coin,
then Fundamental Rights and DPSPs are two facades of that coin.
On the one hand Part III i.e., Fundamental Rights limit the power of government and restrains
the state from making any law which contravenes the interests of its people, on the other hand,
Part IV helps the state in making a law which harmonizes the interest of its people. Both
Fundamental rights and Directive Principles of State Policy hold equal relevance and
significance in the current legal scenario and cannot overlook each other. Many people argue
that DPSPs are useless because of its non-justiciability but we need to understand that these
are not only the guiding principles but also lay down the broad objectives and ideals that India
strives to achieve.

JUDICIAL PRONOUNCEMENTS

The question that whether Fundamental Rights precedes DPSPs or latter takes precedence over
former has been the subject of debate for years. There are judicial pronouncements which
settle this dispute.
of Madras vs Champakan (AIR 1951 SC 226), the Apex Court was of the view that if a law
contravenes a Fundamental right, it would be void but the same is not with the DPSPs. It shows
that Fundamental rights are on a higher pedestal than DPSPs.
In Kerala Education Bill (1957) (1959 1 SCR 995) Court said that in case of conflict between
Fundamental Right and DPSPs, the principle of harmonious construction should be applied. But
still after applying the doctrines of interpretation, there is a conflict between fundamental right
and DPSPs, then the former should be upheld.
In Venkataraman v. State of Madras (1966 AIR 1089), Court gave precedence to Fundamental
rights over DPSPs.
In I. C. Golaknath & Ors vs State of Punjab & Anr. (1967 AIR 1643), The Court was of the view
that Fundamental rights cannot be curtailed by the law made by the parliament. In furtherance
of the same the Court also said that if a law is made to give effect to Article 39(b) and Article
39(c) which come under the purview of DPSPs and in the process the law violates Article 14,
Article 19 or Article 31, the law cannot be declared as unconstitutional and void merely on the
ground of said contravention.
The 42nd Constitution Amendment widened the scope of Article 31C to cover all the directive
principles laid down in the Constitution. Prior to the Amendment Article 31C saved only those
laws which gave effect to the Directive Principles of State Policy specified in Article 39(b) and
39(c).
In Keshavnanda Bharati vs the State of Kerala (1973) 4 SCC 225), The Apex Court placed DPSPs
on the higher pedestal than Fundamental Rights. Ultimately in the case of Minerva Mills vs
Union of India (AIR 1980 SC 1789), the question before the court was whether the directive
principles of State policy enshrined in Art IV can have primacy over the fundamental rights
conferred by Part III of the Constitution. The court held that the doctrine of harmonious
construction should be applied because neither of the two has precedence to each other. Both
are complementary therefore they are needed to be balanced.
In Unnikrishnan vs State of Andhra Pradesh (1993 SCC (1) 645) The Court was of the view that
Fundamental Rights and Directive Principles are not exclusive to each other therefore they
should not be read in exclusion. Moreover, the Court said that the Fundamental Rights are the
means through which the goals enumerated in Part IV are achieved.

DPSPs AND AMENDMENTS

For amending the Directive Principles of State Policies, the Constitutional amendment is
required. It has to be passed by the special majority of both the houses of the Parliament. Post-
independence there have been number of amendments to the constitution and some of them
are pertaining to DPSPs.
Beginning with the 42nd Constitutional Amendment 1976, it made four changes in DPSPs.
Firstly, it amended Article 39 which obligates the state to secure a social order for the
promotion of the welfare of the people. Moreover, it added Article 39-A which makes it the
duty of the state to provide for equal justice and free legal aid. By the virtue of this Article,
Parliament came up with the law called the Legal Services Authorities Act, 1987. It also added
Article 48A which deals with the protection and improvement of environments. The Water
Pollution, Air Pollution, Environmental Pollution Acts, The Forest Act etc demonstrate the
application of the principles laid down in Article 48A.
44th Constitutional Amendment, 1978 added Article 38 clause (2) which directs the state to
minimize inequalities in income, to eliminate inequalities in status, facilities and opportunities,
not only amongst individuals but also amongst groups of people residing in different areas or
engaged in different vocations.
73rd Constitutional Amendment, 1992 which brought Panchayats in Part IX of the Constitution
had its genesis in Article 40 of the constitution. It deals with the Organization of village
Panchayats.
86th Constitutional Amendment, 2002 inserted Article 21-A in the Constitution of India. It
provides Right to free and compulsory education of all children in the age group of six to
fourteen years as a Fundamental Right. The roots of this amendment are in Article 41 which
talks about Right to work, to education and to public assistance in certain cases.
97th Constitutional Amendment 2011 added Article 43-B it authorizes the state to promote
voluntary formation, autonomous functioning, democratic control and professional
management of the co-operative societies.

DPSP AND IT’S IMPLEMENTATION

Although the implementation of the principles laid down in Part IV are not directly visible yet
there are a plethora of laws and government policies which reflect the application of the
principle of Part IV. In the Judicial History of India, many laws and legal provisions were created
by judicial reasoning. In such cases, DPSPs played a very vital role and the courts took the
directive principles into consideration very cautiously.
Policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) get 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 1986 bolster 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. Laws such as Workmen
Compensation Act, Minimum Wages Act, Industrial Employment (Standing Orders) Act, The
Factories Act, Maternity Benefit Act depict the implementation of Article 41, Article 42 and
Article 43A.
Government Policies such as Integrated Rural Development Program (IRDP), Integrated Tribal
Development Program (ITDP), and Pradhan Mantri Gram Sadak Yojana 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.
In the end, all these laws and policies try to achieve goals and principle given in Article 38 i.e.,
the creation of welfare state.

IMPORTANCE OF DPSPs FOR AN INDIAN CITIZEN

Regardless of the non-justiciable nature of DPSPs, a citizen should be aware of them. As the
Article 37 itself describes these principles as fundamental in the governance of the country. The
objective of the DPSPs is to better the social and economic conditions of society so people can
live a good life. Knowledge of DPSPs helps a citizen to keep a check on the government.
A citizen can use DPSPs as a measure of the performance of the government and can identify
the scope where it lacks. A person should know these provisions because ultimately these
principles act as a yardstick to judge the law that governs them. Moreover, it also constrains the
power of the state to make a draconian law. Through various judicial pronouncements, it is
settled principle now that balancing DPSPs and Fundamental rights is as important as
maintaining the sanctity of Fundamental Rights. Non following a directive principle would
directly or indirectly affect the Fundamental Right which is considered as one of the most
essential parts of the Constitution.

CONCLUSION
This Article tries to prove that the relevance and significance of DPSPs cannot be overlooked
only on the basis of its non-justiciability. Our constitutional drafters did not add these
provisions just for the sake of existence, rather they added these principles to facilitate the
governance of the country. They added this part to meet the main objectives and the ultimate
goal of a country. Moreover, after looking at the above-mentioned information, it would be
wrong to say that DPSPs are not implemented. Every policy and law that the state comes up
with has to meet the standards of Part IV. Thus, even after being non-justiciable, they hold
equal relevance and significance as Fundamental rights or any other provision of the
Constitution.

REFERENCES

1. Articles Related to Directive Principles of State Policy by Hemant Pratap

Singh. (https://www.jagranjosh.com/general-knowledge/articles-related-to-
directive-principles-of-state-policy-1474442764-1) accessed 2 May 2018
2. Directive Principles of State Policy (DPSP), (http://www.iasscore.in/upsc-
prelims/directive-principles-state-policy-fundamental-duties) accessed 2 May
2018
3. Directive Principles of State Policy (DPSP),
(https://www.gktoday.in/academy/article/directive-principles-of-state-
policy/#Sources_of_DPSP) accessed 2 May 2018
4. Directive Principles of State Policy (DPSP): Amendment, Sanctions, and
Criticism, (https://aspirantforum.com/2016/06/27/directive-principles-of-
state-policy-amendment-sanctions-criticism/) accessed 3 May 2018
5. Constituent assembly debate on Directive Principles of State Policy by
Surabhi Rao,(http://logos.nationalinterest.in/2014/07/constituent-assembly-
debate-on-directive-principles-of-state-policy/) accessed 2 May 2018
6. Scope of Enforcement of DPSPs by Aakanksha Bhola,
(https://www.lawctopus.com/academike/scope-of-enforcement-of-
dpsps/#_edn6) accessed 2 May 2018
7. Fundamental Rights and Directive Principles
(https://www.lawteacher.net/free-law-essays/administrative-
 law/fundamental-rights-and-directive-principles-administrative-law-
essay.php?vref=1) accessed 3 May 2018
8. Fundamental Rights vs Directive Principles: What If there is a conflict?,
(https://www.clearias.com/fundamental-rights-vs-directive-principles-what-
if-there-is-a-conflict/) accessed 3 May 2018