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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.
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.
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.
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.
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.
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.
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.
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.
Socio-Economic Objectives:
They outline goals for social and economic development, such as social justice, economic welfare, and reducing inequalities in society.
Balance Between Rights and Duties:
While Fundamental Rights protect individual freedoms, DPSPs emphasize the collective good, balancing individual rights with societal duties.
Integral to the Constitution:
DPSPs are a core part of the Constitution, reflecting the aspirations of its framers for a just and equitable society.
Good Governance:
They promote practices like transparency, accountability, and efficient functioning of public institutions, essential for effective governance.
Cultural and Educational Values:
DPSPs stress preserving cultural heritage, promoting education, and encouraging scientific inquiry and innovation.
International Obligations:
DPSPs guide the state in adhering to international commitments, reflecting principles of international law and global standards for human rights and development.
Below are the actual Articles with elaborated, easy explanations and examples of recent programs linked to each article:
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:
Linked Programs:
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:
Linked Programs:
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:
Linked Programs:
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:
Linked Programs:
Text:
The State shall make provision for securing just and humane conditions of work and maternity relief.
Explanation:
Linked Programs:
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:
Linked Programs:
Text:
The State shall take steps to secure the participation of workers in the management of industries.
Explanation:
Linked Programs:
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:
Linked Programs:
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:
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:
Linked Programs:
Text:
The State shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas.
Explanation:
Linked Programs:
Text:
The State shall promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
Explanation:
Linked Programs:
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:
Linked Programs:
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:
Linked Programs:
Text:
The State shall endeavor to prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.
Explanation:
Linked Programs:
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.
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:
Text:
The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
Explanation:
Linked Initiatives:
Text:
The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
Explanation:
Linked Programs:
Text:
The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines.
Explanation:
Linked Programs:
Text:
The State shall endeavor to protect and improve the environment and to safeguard forests and wildlife.
Explanation:
Linked Programs:
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:
Linked Programs:
Text:
The State shall take steps to separate the judiciary from the executive in the public services of the State.
Explanation:
Linked Initiatives:
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:
Linked Initiatives:
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.
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:
The 42nd Amendment Act added the following principles:
Article 39: To secure opportunities for the healthy development of children.
Article 39A: To promote equal justice and provide free legal aid to the poor.
Article 43A: To secure the participation of workers in the management of industries.
Article 48A: To protect and improve the environment and to safeguard forests and wildlife.
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.
The Directive Principles of State Policy (DPSPs) in the Indian Constitution have been criticized for various reasons, as outlined below:
Let’s simplify this:
For example:
These two topics are very different:
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:
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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).
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.
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).
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
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.
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.