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Complete Directive Principles of State Policy (DPSPs) UPSC Polity Notes

Amith

 

Features of the Directive Principles of State Policy (DPSP)

  1. Guidelines for the Government:
    DPSPs are suggestions for the government to follow while making laws and policies. They guide the central, state, and local governments.

  2. Inspired by British Rules:
    DPSPs are similar to Instrument of instructions given to British officials in India under the Government of India Act, 1935. Dr. B.R. Ambedkar said they are like these old instructions but are now meant for Indian lawmakers and leaders.

  3. Plan for a Better Society:
    DPSPs aim to create a welfare state where everyone gets justice, liberty, and equality. They focus on improving social and economic conditions for all.

  4. Not Enforceable by Courts:
    DPSPs cannot be forced by courts, so the government is not legally required to follow them. However, the Constitution says they are important for governing the country.

  5. Help in Legal Decisions:
    Even though they can’t be enforced, DPSPs help courts decide if a law is fair. If a law supports DPSPs, courts may declare it reasonable and valid under Articles 14 and 19 of the Constitution.

Some other Features of DPSPs

  1. Non-Justiciability:
    DPSPs cannot be enforced by courts, unlike Fundamental Rights. However, they are essential guidelines for governance, serving as moral and political directives for the state.

  2. Dynamic and Evolving:
    DPSPs are flexible and adapt to changing socio-economic conditions. They allow the government to innovate policies to meet society's evolving needs.

  3. Promotion of a Welfare State:
    DPSPs aim to create a society based on justice, equality, and fraternity, focusing on the welfare of the people and establishing a just social order.

  4. Socio-Economic Objectives:
    They outline goals for social and economic development, such as social justice, economic welfare, and reducing inequalities in society.

  5. Balance Between Rights and Duties:
    While Fundamental Rights protect individual freedoms, DPSPs emphasize the collective good, balancing individual rights with societal duties.

  6. Integral to the Constitution:
    DPSPs are a core part of the Constitution, reflecting the aspirations of its framers for a just and equitable society.

  7. Good Governance:
    They promote practices like transparency, accountability, and efficient functioning of public institutions, essential for effective governance.

  8. Cultural and Educational Values:
    DPSPs stress preserving cultural heritage, promoting education, and encouraging scientific inquiry and innovation.

  9. International Obligations:
    DPSPs guide the state in adhering to international commitments, reflecting principles of international law and global standards for human rights and development.

Classification of Directive Principles of State Policy (DPSPs)

Socialistic Principles of Directive Principles of State Policy (DPSPs)

Below are the actual Articles with elaborated, easy explanations and examples of recent programs linked to each article:

Article 38

Text:
The State shall strive to promote the welfare of the people by securing and protecting a social order permeated by justice—social, economic, and political—and to minimize inequalities in income, status, facilities, and opportunities.

Explanation:

  • The government must work to create a society where fairness exists in every area—social interactions, economic opportunities, and political rights.
  • It focuses on reducing the gap between the rich and the poor. Everyone, regardless of their background, should have access to similar facilities, opportunities, and resources.

Linked Programs:

  • Pradhan Mantri Jan Dhan Yojana (PMJDY): This program helps provide financial inclusion by ensuring every citizen has access to banking facilities.
  • Aspirational Districts Program: Targets underdeveloped districts to improve education, healthcare, and infrastructure, reducing regional inequalities.

Article 39

Text:
The State shall direct its policy towards securing:
(a) Adequate means of livelihood for all citizens.
(b) The equitable distribution of resources for the common good.
(c) Prevention of concentration of wealth and production in a few hands.
(d) Equal pay for equal work for both men and women.
(e) Protection of workers’ health and strength and preventing exploitation of children.
(f) Opportunities for the healthy development of children.

Explanation:

  • Livelihood for all (a): Everyone should have a fair chance to earn a living and support their family.
  • Fair resource distribution (b, c): Resources like land, industries, and wealth should be shared equitably. Policies should prevent wealth and power from being concentrated in the hands of a few.
  • Equal pay (d): Men and women doing the same work should receive equal salaries.
  • Worker and child protection (e, f): Workers should be protected from unsafe working conditions, and children should grow up in safe, nurturing environments without being exploited for labor.

Linked Programs:

  • Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): Provides guaranteed 100 days of wage employment annually to rural households.
  • Equal Remuneration Act: Ensures equal pay for men and women.
  • POSHAN Abhiyaan: Focuses on improving child nutrition and reducing stunting and malnutrition.

Article 39A

Text:
The State shall promote equal justice and provide free legal aid to ensure that justice is not denied to anyone due to economic or other disabilities.

Explanation:

  • Justice should be accessible to everyone, especially the poor and disadvantaged. Lack of money or resources should not stop anyone from seeking justice.
  • The government must ensure free legal services are available for those who cannot afford them.

Linked Programs:

  • National Legal Services Authority (NALSA): Provides free legal aid and advice to marginalized groups.
  • Tele-Law Program: Uses technology to connect rural citizens with legal experts for advice and assistance.

Article 41

Text:
The State shall, within its economic capacity, make effective provisions for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability.

Explanation:

  • The government should strive to provide jobs, education, and support to people who are unemployed, elderly, sick, or disabled.
  • However, the extent of this support depends on the resources and capacity of the state.

Linked Programs:

  • Atmanirbhar Bharat Rojgar Yojana: Provides incentives to employers to create new job opportunities.
  • National Social Assistance Program (NSAP): Offers financial assistance to the elderly, widows, and disabled individuals.
  • Samagra Shiksha Abhiyan: Aims to provide quality education for all children.

Article 42

Text:
The State shall make provision for securing just and humane conditions of work and maternity relief.

Explanation:

  • Working conditions should be safe and fair. Workers should not be exploited or forced to work under inhumane conditions.
  • Maternity relief is vital to support women during and after pregnancy, ensuring their health and well-being.

Linked Programs:

  • Maternity Benefit (Amendment) Act, 2017: Increases paid maternity leave from 12 to 26 weeks for working women.
  • Unorganized Workers’ Social Security Act, 2008: Focuses on the welfare of workers in unorganized sectors, ensuring safety and basic rights.

Article 43

Text:
The State shall endeavor to secure, by suitable legislation or economic organization, a living wage, decent standard of life, and full enjoyment of leisure and social and cultural opportunities for all workers.

Explanation:

  • Workers should earn enough to live a decent life, with access to basic necessities like housing, food, and healthcare.
  • They should also have time for rest, leisure, and cultural participation, ensuring their overall development.

Linked Programs:

  • Minimum Wages Act, 1948: Ensures fair wages for workers in various sectors.
  • PM Shram Yogi Maandhan Yojana: A pension scheme for unorganized sector workers to ensure financial security post-retirement.

Article 43A

Text:
The State shall take steps to secure the participation of workers in the management of industries.

Explanation:

  • Workers should have a voice in the management of industries where they work. This builds a sense of ownership and encourages cooperative decision-making.

Linked Programs:

  • Workers’ Participation in Management Scheme: Encourages employee involvement in decision-making processes in public sector enterprises.

Article 47

Text:
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.

Explanation:

  • The government should focus on improving public health and providing adequate nutrition to ensure a better quality of life for all citizens.
  • This includes efforts to reduce malnutrition and tackle diseases that affect the population.

Linked Programs:

  • Ayushman Bharat - Pradhan Mantri Jan Arogya Yojana (PMJAY): Provides free health insurance for low-income families.
  • Mid-Day Meal Scheme: Improves nutrition among school children by providing free meals.
  • National Health Mission (NHM): Focuses on strengthening healthcare systems to provide affordable services.

Gandhian Principles of Directive Principles of State Policy (DPSPs)

The Gandhian principles reflect Mahatma Gandhi's vision of rural development, self-reliance, and a just society. These principles aim to bring Gandhi's ideals into practice and are integral to India's socio-economic framework. Below are the actual Articles, their elaborated explanations, and linked recent programs:

Article 40

Text:
The State shall take steps 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.

Explanation:

  • Gandhi emphasized the importance of empowering villages to govern themselves. This article ensures that local governance is strengthened through Gram Panchayats, enabling rural communities to make decisions about their development.
  • Village panchayats are the foundation of a decentralized democracy, ensuring participation at the grassroots level.

Linked Programs:

  • Rashtriya Gram Swaraj Abhiyan (RGSA): Aims to strengthen the Panchayati Raj system by improving local governance and empowering panchayats.
  • eGramSwaraj: A digital platform to enhance transparency and efficiency in village-level governance.

Article 43

Text:
The State shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas.

Explanation:

  • Gandhi believed in rural self-sufficiency through small-scale industries like handloom, handicrafts, and other cottage industries.
  • Promoting these industries provides employment opportunities, reduces rural poverty, and strengthens the rural economy.

Linked Programs:

  • Prime Minister’s Employment Generation Programme (PMEGP): Encourages rural entrepreneurship by providing financial assistance to small industries.
  • SFURTI (Scheme of Fund for Regeneration of Traditional Industries): Revitalizes traditional industries like khadi and coir to ensure their sustainability.

Article 43B

Text:
The State shall promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Explanation:

  • Cooperatives play a vital role in rural and agricultural development by encouraging collective efforts and ensuring equitable benefits.
  • This article emphasizes the need for democratic governance and professional management within cooperatives to make them self-sustaining.

Linked Programs:

  • National Cooperative Development Corporation (NCDC): Provides financial and technical support for cooperative societies.
  • Sahakar Se Samriddhi: Focuses on the digitalization and modernization of cooperatives.

Article 46

Text:
The State shall promote with special care the educational and economic interests of the Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of society, and protect them from social injustice and all forms of exploitation.

Explanation:

  • Gandhi advocated for the upliftment of marginalized communities, ensuring their socio-economic empowerment.
  • This article directs the government to prioritize education, employment, and protection against discrimination for SCs, STs, and other weaker sections.

Linked Programs:

  • Post-Matric Scholarship Scheme: Provides financial support for higher education to SC and ST students.
  • Vanbandhu Kalyan Yojana: Focuses on the integrated development of tribal communities.
  • Stand-Up India: Promotes entrepreneurship among SCs, STs, and women.

Article 47

Text:
The State shall regard the improvement of public health and the prohibition of the consumption of intoxicating drinks and drugs injurious to health as among its primary duties.

Explanation:

  • Gandhi believed that alcohol and drug addiction harm individuals, families, and society. This article aims to reduce substance abuse and improve public health.
  • The government must take measures to discourage the consumption of harmful substances and spread awareness about healthy lifestyles.

Linked Programs:

  • National Action Plan for Drug Demand Reduction (NAPDDR): Aims to prevent and treat drug addiction through awareness and rehabilitation.
  • Fit India Movement: Encourages healthier lifestyles and greater awareness of public health.

Article 48

Text:
The State shall endeavor to prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.

Explanation:

  • Gandhi considered cattle an integral part of rural life and emphasized their protection. Milch (milk-producing) and draught (used for farming) cattle are essential for agriculture and rural economies.
  • This article promotes cattle preservation and focuses on improving cattle breeds to enhance agricultural productivity.

Linked Programs:

  • Rashtriya Gokul Mission: Focuses on the conservation and development of indigenous cattle breeds.
  • National Livestock Mission: Aims to improve livestock productivity through better breeding, feeding, and health management.

Summary

The Gandhian Principles highlight the importance of rural development, social justice, and self-reliance. They emphasize empowering weaker sections, promoting small-scale industries, ensuring public health, and protecting cattle. These principles continue to shape policies and programs in India, fostering a just and inclusive society.

Liberal-Intellectual Principles of Directive Principles of State Policy (DPSPs)

These principles reflect the ideology of liberalism and intellectual thought, aiming to modernize governance, promote equality, and uphold India's role as a global citizen. Below are the actual Articles, their elaborated explanations, and linked recent programs or initiatives:

Article 44

Text:
The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Explanation:

  • This article seeks to establish a Uniform Civil Code (UCC) to replace personal laws based on religion with a common set of laws governing marriage, divorce, inheritance, and adoption.
  • It aims to ensure equality and justice by removing gender and religious biases in personal laws.
  • The UCC is considered essential for promoting secularism and national integration.

Linked Initiatives:

  • The UCC has been a topic of public debate, and states like Goa have implemented a version of the UCC.
  • Committees like the Law Commission of India have been working on studying the feasibility and scope of implementing UCC across the country.

Article 45

Text:
The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.

Explanation:

  • This article ensures access to preschool education and proper nutrition for young children, which is crucial for their mental and physical development.
  • It highlights the importance of early childhood education as a foundation for lifelong learning and well-being.

Linked Programs:

  • Integrated Child Development Services (ICDS): Provides preschool education, nutrition, and health services to children under six years.
  • Samagra Shiksha Abhiyan: Focuses on holistic school education, including early childhood education.
  • National Education Policy 2020 (NEP): Introduced a framework for early childhood care and education through Balvatika programs.

Article 48

Text:
The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines.

Explanation:

  • This article emphasizes the modernization of agriculture and livestock management through scientific techniques.
  • It aims to improve productivity, ensure food security, and promote sustainable farming practices.

Linked Programs:

  • Soil Health Card Scheme: Promotes scientific farming by providing soil health information to farmers.
  • National Mission on Sustainable Agriculture (NMSA): Encourages climate-resilient farming practices.
  • Rashtriya Gokul Mission: Focuses on scientific breeding and conservation of indigenous cattle breeds.

Article 48A

Text:
The State shall endeavor to protect and improve the environment and to safeguard forests and wildlife.

Explanation:

  • This article addresses environmental protection, including conservation of forests and wildlife, to ensure ecological balance and sustainability.
  • It acknowledges the critical role of a clean environment in human well-being and development.

Linked Programs:

  • National Green Mission: Promotes afforestation and eco-restoration.
  • Project Tiger and Project Elephant: Aim to protect and conserve wildlife species.
  • Namami Gange Program: Focuses on cleaning and rejuvenating the Ganga River.

Article 49

Text:
The State shall protect every monument, place, or object of artistic or historic interest declared to be of national importance from spoliation, disfigurement, destruction, removal, disposal, or export.

Explanation:

  • This article ensures the preservation of India’s rich cultural heritage, including monuments and places of historical and artistic value.
  • Protecting cultural assets promotes tourism and strengthens national pride.

Linked Programs:

  • Adopt a Heritage Program: Encourages public and private partnerships in the maintenance of heritage sites.
  • National Monument Authority: Oversees the preservation and conservation of national monuments.

Article 50

Text:
The State shall take steps to separate the judiciary from the executive in the public services of the State.

Explanation:

  • This article ensures the independence of the judiciary by separating it from the influence of the executive.
  • A separate judiciary is essential for upholding the rule of law, protecting fundamental rights, and ensuring unbiased justice.

Linked Initiatives:

  • The Judicial Reforms Commission works on strengthening judicial independence and efficiency.
  • Efforts to digitalize courts, such as the eCourts Mission Mode Project, aim to make the judiciary more accessible and efficient.

Article 51

Text:
The State shall endeavor to promote international peace and security, maintain just and honorable relations between nations, foster respect for international law and treaty obligations, and encourage the settlement of international disputes by arbitration.

Explanation:

  • This article reflects India’s commitment to global peace and cooperation.
  • It highlights India’s role as a responsible global actor, promoting harmony and resolving disputes through peaceful means.

Linked Initiatives:

  • India’s Leadership in G20 (2023): Promoted sustainable development, global economic stability, and climate action.
  • UN Peacekeeping Missions: India contributes personnel and support to global peacekeeping operations.
  • International Solar Alliance: A global initiative led by India to promote renewable energy and combat climate change.

Summary

The Liberal-Intellectual Principles aim to modernize the state, ensure justice, and integrate India into the global community while preserving its environment and heritage. These articles reflect progressive governance, balancing national priorities with international responsibilities. Programs and policies inspired by these principles continue to address contemporary challenges and strengthen India's socio-economic and environmental framework.

New Directive Principles of State Policy

The Directive Principles have been periodically updated to reflect evolving societal needs. Here's an elaborated explanation of the new Directive Principles introduced through various Constitutional amendments, along with their implications and recent programs or initiatives:

By the 42nd Amendment Act, 1976

The 42nd Amendment Act added the following principles:

  1. Article 39: To secure opportunities for the healthy development of children.

    • Explanation:
      Ensures the State creates a conducive environment for children's physical, mental, and social well-being.
      • This principle focuses on eradicating child labor, ensuring adequate nutrition, education, and protection from exploitation.
    • Linked Programs:
      • Poshan Abhiyan (National Nutrition Mission): Addresses malnutrition among children, pregnant women, and lactating mothers.
      • Right to Education Act, 2009: Ensures free and compulsory education for children aged 6–14 years.
      • Childline India: A helpline for children in distress.
  2. Article 39A: To promote equal justice and provide free legal aid to the poor.

    • Explanation:
      Aims to ensure that no individual is denied justice due to economic or social barriers. The principle promotes accessibility to the judicial system for marginalized groups.
    • Linked Programs:
      • National Legal Services Authority (NALSA): Provides free legal aid and representation to the poor.
      • Lok Adalats (People's Courts): Offer affordable and speedy resolution of disputes.
  3. Article 43A: To secure the participation of workers in the management of industries.

    • Explanation:
      Encourages industrial democracy by involving workers in decision-making processes, fostering harmony, and improving productivity.
    • Linked Programs:
      • Code on Social Security, 2020: Strengthens the rights of workers, including social security benefits.
      • Skill India Mission: Enhances workers' skills to contribute effectively to management.
  4. Article 48A: To protect and improve the environment and to safeguard forests and wildlife.

    • Explanation:
      Recognizes the importance of environmental conservation for sustainable development and ecological balance.
    • Linked Programs:
      • National Green Mission: Focuses on afforestation and eco-restoration.
      • National Action Plan on Climate Change (NAPCC): Encourages climate resilience.
      • Wildlife Protection Act, 1972 (Updated): Strengthens the legal framework for conserving biodiversity.

By the 44th Amendment Act, 1978

  1. Article 38: To minimize inequalities in income, status, facilities, and opportunities.
    • Explanation:
      Advocates for a fair distribution of wealth and resources to reduce socio-economic disparities and foster a more equitable society.
    • Linked Programs:
      • Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): Provides livelihood opportunities for the rural poor.
      • Pradhan Mantri Jan Dhan Yojana (PMJDY): Promotes financial inclusion for marginalized groups.
      • One Nation One Ration Card (ONORC): Ensures food security for migrant workers.

By the 86th Amendment Act, 2002

  1. Article 45: To provide early childhood care and education for all children until they complete the age of six years.
    • Explanation:
      Originally focused on elementary education, Article 45 was revised to emphasize preschool education and care. It complements Article 21A, which guarantees free and compulsory education for children aged 6–14 years.
    • Linked Programs:
      • Anganwadi Services under ICDS: Provides preschool education and health services.
      • National Education Policy (NEP) 2020: Introduced a framework for Early Childhood Care and Education (ECCE).

By the 97th Amendment Act, 2011

  1. Article 43B: To promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
    • Explanation:
      Encourages the development of cooperative societies as self-governing, independent entities that support rural and urban economic activities, including agriculture, banking, and housing.
    • Linked Programs:
      • Sahakar Pragya Initiative: Provides training and capacity-building for cooperatives.
      • National Cooperative Development Corporation (NCDC): Supports cooperatives with financial assistance.

Summary

These new Directive Principles enhance the Constitution's relevance by addressing contemporary challenges like environmental conservation, worker participation, early childhood care, and socio-economic equality. Programs like Poshan Abhiyan, MGNREGA, and NEP 2020 showcase India's commitment to realizing these principles and ensuring a just and equitable society.

Criticism of the Directive Principles of State Policy (DPSPs) with Examples

The Directive Principles of State Policy (DPSPs) in the Indian Constitution have been criticized for various reasons, as outlined below:

1. No Legal Force

  • Why Criticized: DPSPs are non-justiciable, meaning citizens cannot take the government to court for failing to implement them. This reduces their practical impact.
  • Example: Article 47 directs the state to improve public health and ban intoxicating drinks, but alcohol prohibition has not been uniformly implemented across India due to a lack of enforcement mechanisms.

2. Illogical Arrangement

  • Why Criticized: DPSPs lack a clear order or consistent philosophy, mixing important goals with minor issues. This creates confusion about their priorities.
  • Example: Article 40 promotes the establishment of Panchayati Raj, while Article 44 calls for a Uniform Civil Code. These principles address entirely different aspects but are placed without a clear connection or categorization.

Let’s simplify this:

For example:

  • Article 40: Talks about setting up village panchayats (local self-governments).
  • Article 44: Talks about creating a uniform civil code (common laws for all religions in matters like marriage, divorce, etc.).
Why is this a problem?

These two topics are very different:

  • Article 40 is about local governance and empowering villages.
  • Article 44 is about making all citizens follow the same set of personal laws, which is a national issue.

Putting these unrelated topics together makes it hard to understand how they are connected or what the government should focus on first. Critics say that the DPSPs should have been arranged in clear groups, like:

  1. Principles about governance (e.g., Panchayati Raj).
  2. Principles about social justice (e.g., equal pay for men and women).
  3. Principles about national issues (e.g., uniform civil code).

3. Conservative Nature

  • Why Criticized: Some DPSPs are considered outdated and influenced by 19th-century European ideas that may not suit modern India.
  • Example: Article 39(c) seeks to prevent the concentration of wealth, which reflects Fabian socialism. Critics argue that such principles are difficult to apply in a liberalized and globalized economy.

4. Potential for Constitutional Conflict

  • Why Criticized: Implementing DPSPs may lead to clashes between constitutional authorities or between the Centre and the states.
  • Example: Article 48 directs states to ban cow slaughter, but this has caused conflicts between states with different socio-economic and cultural priorities, leading to disputes between the Centre and states.

5. Unrealistic and Expensive Goals

  • Why Criticized: Many directives require significant financial resources and are difficult to implement in a resource-constrained country like India.
  • Example: Article 39(a) aims to provide free legal aid to the poor, but a lack of infrastructure and funding has made this goal largely aspirational in many parts of the country.

Importance of Directive Principles of State Policy (DPSPs) 

Key Views on DPSPs

  1. Essential for Governance
    L.M. Singhvi, a well-known expert, said that the DPSPs are like the "life-giving provisions" of the Constitution. They explain the idea of social justice and what the country should aim for.

  2. Vision of a Welfare State
    M.C. Chagla, a former Chief Justice, believed that if the government followed all the DPSPs, India would not only be a political democracy, but also a welfare state that takes care of all its citizens.

  3. Economic Democracy
    Dr. B.R. Ambedkar explained that the DPSPs are about economic democracy, which means everyone should have equal chances to succeed, not just political rights.

  4. Support for Social Change
    Granville Austin said the DPSPs help bring about a social revolution by creating the right conditions for a fair and equal society.

  5. Moral Guidance
    Sir B.N. Rau, the constitutional advisor, called DPSPs moral instructions for the government. They guide leaders in making decisions that benefit the people.

According to M.C. Setalvad

M.C. Setalvad, the former Attorney General of India, emphasized the importance of the Directive Principles of State Policy (DPSPs), even though they don't provide legal rights that can be enforced in courts. According to him, these principles are very helpful in guiding the government and ensuring that policies focus on public welfare. Here’s how:

Key Roles of DPSPs

  1. Guiding Instructions for the Government
    DPSPs act like instructions or guidelines for the government. They remind the government of the basic values the Constitution wants to build, like fairness and equality. They help ensure that the government’s decisions aim at improving society.

  2. Helping Courts Review Laws
    While DPSPs are not enforceable in court, they guide judges when they review whether laws are fair and constitutional. They help the courts check if laws are in line with the principles of fairness and justice, even if they can’t directly enforce the DPSPs.

  3. Background for Government Actions
    DPSPs set the background for all government actions, both in making laws and in executive decisions. They guide how the government should act in general, ensuring it stays focused on justice and public welfare.

  4. Supporting the Preamble
    DPSPs strengthen the Preamble of the Constitution, which promises justice, equality, and freedom for all citizens. DPSPs help bring these promises into action in real life, through government policies and laws.

Additional Roles of DPSPs

  1. Stability in Policies
    DPSPs help keep the government’s policies consistent and stable. Even if political parties change, the goals of fairness and welfare stay the same, guiding the government’s actions.

  2. Filling the Gap in Fundamental Rights
    While Fundamental Rights protect individual freedoms, DPSPs focus on ensuring social and economic rights. They help create a society where people’s basic needs, like education and healthcare, are taken care of.

  3. Creating Conditions for Enjoying Fundamental Rights
    Implementing the DPSPs helps create a society where people can fully enjoy their Fundamental Rights. For example, economic rights help people live better lives, making it easier for them to enjoy their political freedoms.

  4. Giving the Opposition a Way to Influence
    The opposition parties can use the DPSPs to criticize the government if its actions don’t match the principles of the Constitution. This helps keep the government accountable.

  5. Measuring Government Performance
    DPSPs serve as a tool to measure how well the government is doing. Citizens can look at whether the government is making policies that benefit society and check if they follow the principles in the DPSPs.

  6. Common Political Guide
    DPSPs act as a common guide for all political parties, regardless of their ideology. They must all follow the same principles while making laws and governing the country.

Conflict Between Fundamental Rights and Directive Principles

There has been a long-standing conflict between Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) in India. The issue is that Fundamental Rights can be enforced in court (justiciable), while Directive Principles are more like guidelines (non-justiciable) that the government should follow. However, Article 37 of the Constitution says the government has a moral duty to implement DPSPs. This has led to a legal conflict over time.

Important Court Cases and Amendments

  1. Champakam Dorairajan Case (1951)
    The Supreme Court said that if there is a conflict between Fundamental Rights and Directive Principles, Fundamental Rights will win. But it also said that the Parliament can amend Fundamental Rights to help implement DPSPs. After this, Parliament passed some amendments to make the DPSP's. As a result, Parliament passed amendments like the First Amendment Act (1951), Fourth Amendment Act (1955), and Seventeenth Amendment Act (1964).

  2. Golaknath Case (1967)
    The Supreme Court said that Fundamental Rights are sacred and cannot be changed, even by Parliament. This meant that DPSPs couldn't be used to change Fundamental Rights.

  3. Parliament's Reaction: 24th and 25th Amendments (1971)
    After the Golaknath case, Parliament passed the 24th Amendment to say it could change Fundamental Rights if needed. The 25th Amendment introduced a rule (Article 31C) that said laws made to promote social welfare (under DPSPs like Articles 39(b) and 39(c)) would not be stopped, even if they violated certain Fundamental Rights of Article 14 (equality), Article 19 (freedom of speech, assembly, etc.), or Article 31 (right to property).

  4. Kesavananda Bharati Case (1973)
    The Supreme Court ruled that Fundamental Rights cannot be changed just to enforce DPSPs. They also said that the Parliament cannot take away the power of courts to review laws (which is important for justice). Kesavananda Bharati case, the Supreme Court ruled that judicial review (the ability of courts to examine laws) is a basic feature of the Constitution. Therefore, the provision in Article 31C (introduced by the 25th Amendment) that removed judicial review in certain cases was declared unconstitutional. However, the provision that allowed laws to implement socialistic DPSPs was upheld.

  5. 42nd Amendment (1976)
    The 42nd Amendment Act extended the protection under Article 31C, ensuring that laws implementing any of the Directive Principles would not be questioned, even if they violated Fundamental Rights under Articles 14, 19, and 31. However, this extension was later declared unconstitutional by the Supreme Court in the Minerva Mills case (1980).

  6. Minerva Mills Case (1980)
    In the Minerva Mills case, the Supreme Court struck down the extended protection under Article 31C (introduced by the 42nd Amendment Act) and reaffirmed that the balance between Fundamental Rights and Directive Principles is crucial. The Court stated that both must be treated with equal importance because they together constitute the core of the Constitution. The Court declared that giving absolute priority to one over the other would disturb the harmony of the Constitution

Current Situation

  1. Fundamental Rights are Supreme
    Today, Fundamental Rights are more important than Directive Principles. However, the Parliament can amend Fundamental Rights if it helps to implement the Directive Principles, but these changes cannot harm the core values of the Constitution.

  2. Balance is Key
    The Supreme Court has said that the Constitution works best when Fundamental Rights and Directive Principles are balanced. Both are important for a just society, and neither should be ignored.

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