The document summarizes the Directive Principles of State Policy (DPSPs) in the Indian Constitution. Some key points:
- DPSPs resemble the 'Instrument of Instructions' in the 1935 Government of India Act and aim to ensure 'social and economic democracy' and establish a 'welfare state'.
- DPSPs are non-justiciable but courts can use them to examine the validity of laws. They guide the government in framing policies and laws.
- DPSPs incorporate socialist principles like adequate livelihood, equal pay, health protections; Gandhian principles like village panchayats and cottage industries; and liberal principles like uniform civil code and environment protection.
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3. •DPSPs resemble the ‘Instrument of Instructions’
enumerated in the Government of India Act of 1935.
•If Fundamental Rights ensure ‘political democracy’ then
DPSPs ensure ‘social and economic democracy’. DPSPs
embody the concept of ‘welfare state’.
•Dr Ambedkar described these principles as novel
features of Indian Constitution.
•Preamble, DPSPs and Fundamental Rights contain the
philosophy of Constitution.
•Granville Austin has described DPSPs and Fundamental
Rights as the ‘Conscience of the Constitution’.
4. Article 36 – Definition
In this Part, unless the context otherwise requires, the “State” has the
same meaning as in Part III.
• Remember Article 12 in Fundamental Rights.
Article 37 - Application of the principles contained in this
Part
DPSPs shall not be enforceable by any court, but these principles
are fundamental in the governance of the country and it shall be the
duty of the State to apply these principles in making laws.
• DPSPs are non-justiciable in nature. But court can use DPSPs in
examining the constitutional validity of a law.
5. Article 38 - State to secure a social order for the
promotion of welfare of the people
•State to promote the welfare of the people by securing
and protecting a social order in which justice - social,
economic and political - shall inform all the institutions
of the national life.
•The State shall strive to minimise the inequalities in
income, status, facilities and opportunities, not only
amongst individuals but also amongst groups of people.
6. Article 39 - Certain principles of policy to be
followed by the State
The State shall, in particular, direct its policy towards
securing that—
(a) citizens have the right to an adequate means of
livelihood;
(b) ownership and control of the material resources of
the community are so distributed as best to serve
the common good;
(c) operation of the economic system does not result
in the concentration of wealth and means of
production to the common detriment;
7. (d) there is equal pay for equal work for both men and
women;
(e) health and strength of workers and the tender age of
children are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to
their age or strength;
(f) children are given opportunities and facilities to develop
in a healthy manner and youth are protected against
exploitation and against moral and material
abandonment.
8. Article 39A - Equal justice and free legal aid
The State shall secure that the operation of the legal system
promotes justice on the basis of equal opportunity, and shall, in
particular, provide free legal aid to ensure that opportunities
for securing justice are not denied to any citizen by reason of
economic or other disabilities.
Article 40 - Organisation of village panchayats
The State shall take steps to organise village panchayats and
endow them with such powers and authority as may be
necessary to enable them to function as units of self-
government.
9. Article 41 - Right to work, to education and to
public assistance in certain cases
The State shall, within the limits of its economic capacity
and development, make effective provision for securing the
right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in
other cases of under-served want.
Article 42 - Provision for just and humane
conditions of work and maternity relief
The State shall make provision for securing just and humane
conditions of work and for maternity relief.
10. Article 43 - Living wage, etc., for workers
The State shall secure to all workers - a living wage, a
decent standard of life and full enjoyment of leisure and social
and cultural opportunities and, in particular, the State shall
endeavour to promote cottage industries on an individual or
co-operative basis in rural areas.
Article 43A - Participation of workers in
management of industries
The State shall secure the participation of workers in the
management of undertakings, establishments or other
organisations engaged in any industry.
11. Article 43B - Promotion of co-operative societies
The State shall promote voluntary formation,
autonomous functioning, democratic control and
professional management of co-operative societies.
Article 44 - Uniform civil code for the citizens
The State shall secure for the citizens a uniform civil code
throughout the ‘territory of India’.
“Uniform civil Code” is a proposal to have a generic
set of governing laws for every citizen without taking into
consideration the religion.
12. Benefits of UCC
•A secular republic needs a common law for all citizens.
•Gender justice: The rights of women are usually limited
under religious law, be it Hindu or Muslim. The practice
of triple talaq is a classic example.
•Many practices governed by religious tradition are at
odds with the fundamental rights guaranteed in the
Indian Constitution.
•Courts have also often said in their judgements that the
government should move towards a uniform civil code
including the judgement in the Shah Bano case.
13. Issues
•Practical difficulties: It is practically tough to come up
with a common and uniform set of rules for personal
issues like marriage due to tremendous cultural diversity
India across the religions, sects, castes, states etc.
•Perception of UCC as encroachment on religious
freedom especially that granted under Fundamental
Rights.
•Interference of state in personal matters
•Sensitive and tough task: It might turn out to be more
disastrous in a form of communal violence.
14. Conclusion
•It will be better if UCC emerges through an evolutionary
process.
•Major sensitization efforts are needed to reform current
personal law which should first be initiated by the
communities themselves.
•Sincere efforts towards women empowerment have to
be taken for all women of all religions.
•Efforts should be focused on ‘harmony in plurality’ than
blanket uniformity for flourishing Indian democracy.
15. Article 45 - Provision for early childhood care and
education to children below the age of six years
The State shall endeavour to provide early childhood care
and education for all children until they complete the age of
six years.
Article 46 - Promotion of educational and economic
interests of SCs, STs and other weaker sections
The State shall promote educational and economic
interests of the weaker sections of the people, and, in
particular, of SC and ST, and shall protect them from social
injustice and all forms of exploitation.
16. Article 47 - Duty of the State to raise the level of nutrition and the
standard of living and to improve public health
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 and, in particular, the State shall
endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are
injurious to health.
Article 48 - Organisation of agriculture and animal husbandry
The State shall endeavour to organise agriculture and animal
husbandry on modern and scientific lines and shall, in particular, take
steps for preserving and improving the breeds, and prohibiting the
slaughter, of cows and calves and other milch and draught cattle.
17. Article 48A - Protection and improvement of
environment and safeguarding of forests and wild life
The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the
country.
Article 49 - Protection of monuments and places and
objects of national importance
It shall be the obligation of the State to protect every
monument or place or object of artistic or historic interest,
declared by Parliament to be of national importance, from
spoliation, disfigurement, destruction, removal, disposal or
export.
18. Article 50 - Separation of judiciary from executive
The State shall take steps to separate the judiciary from the
executive.
Article 51 - Promotion of international peace and security
The State shall endeavour to—
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in
the dealings of organised peoples with one another; and
(d) encourage settlement of international disputes by
arbitration.
19. Socialistic Principles
Article 38 : To secure a social order for promotion of welfare of the people.
Article 39 - Certain principles of policy to be followed by the State.
Article 39A - Equal justice and free legal aid.
Article 41 - Right to work, to education and to public assistance in certain
cases.
Article 42 - Provision for just and humane conditions of work and maternity
relief.
Article 43 - Living wage, etc., for workers.
Article 43A - Participation of workers in management of industries.
Article 47 - Duty of the State to raise the level of nutrition and the standard
of living and to improve public health.
20. Gandhian Principles
Article 40: Organisation of village panchayats.
Article 43 - to promote cottage industries on an individual or co-
operative basis in rural areas.
Article 43B - Promotion of co-operative societies.
Article 46 - Promotion of educational and economic interests of SC, ST
and other weaker sections.
Article 47:prohibition of the consumption except for medicinal purposes
of intoxicating drinks and of drugs which are injurious to health.
Article 48 - prohibiting the slaughter, of cows and calves and other milch
and draught cattle.
21. Liberal-Intellectual Principles
Article 44 - Uniform civil code for the citizens.
Article 45 - Provision for early childhood care and education to
children upto 6 years.
Article 48 - Organisation of agriculture and animal husbandry.
Article 48A – Protection of environment and safeguarding of forests
and wild life.
Article 49 - Protection of monuments and places and objects of
national importance.
Article 50 - Separation of judiciary from executive.
Article 51 - Promotion of international peace and security.
22. DPSPs versus Fundamental Rights
•Champakam Dorairajan case (1951): In case of conflict
between Fundamental Rights and DPSPs, former will
prevail. But Fundamental Right could be amended by
Parliament u/a 368.
•Thus, Parliament enacted various CAA to give effect to
DPSPs.
•Golaknath case (1967): SC ruled that Parliament cannot
take away or abridge any of the Fundamental Right.
Thus, Fundamental Right cannot be amended to
implement DPSPs.
23. •Parliament responded with:
•24th CAA: Parliament can take away any Fundamental Right.
•25th CAA: New Article 31C was enacted. According to this
article, if DPSPs u/a 39(b) and (c) are implemented through a
law then that law shall not be void even if it is in
contravention with rights u/s 14 and 19. Moreover, such law
cannot be questioned in any court of law i.e. power of
judicial review would not applicable.
•Kesavanand Bharti Case: SC ruled that power of ‘judicial
review’ is basic feature of Constitution, thus, above provision is
unconstitutional and void. But, DPSPs u/a 39(b) and (c) can be
given prominence over rights u/a 14 and 19.
24. •42nd CAA: It increased the scope of article 31C to include
all DPSPs. Thus, Parliament gave prominence to all DPSPs
over rights u/a 14 and 19.
•Minerva mill case: The above extension was declared as
unconstitutional and invalid.
•Thus, Fundamental Rights are supreme over DPSPs, but
Article 39(b) and (c) under DPSPs are supreme over
Fundamental Right u/a 14 and 19.
•Moreover, Parliament can amend the Fundamental
Rights for implementing the DPSPs, so long as the
amendment does not damage or destroy the basic
structure of the Constitution.
25. Directives outside Part IV
Article 335 - Claims of SCs and STs to services and posts
•The claims of SCs and STs shall be taken into consideration,
consistently with the maintenance of efficiency of
administration, in the making of appointments to union and
state services and posts.
•State can also make any provision in favour of SCs and STs for
relaxation in qualifying marks in any examination or lowering
the standards of evaluation, for reservation in matters or
promotion to Union or state services or posts.
26. Article 350A - Facilities for instruction in
mother-tongue at primary stage
•It shall be the endeavour of every State and of
every local authority within the State to provide
adequate facilities for instruction in the mother-
tongue at the primary stage of education to
children belonging to linguistic minority groups;
and
•President may issue such directions to any State
under this article.
27. Article 351 - Directive for development of the
Hindi language
•It shall be the duty of the Union:
•to promote the spread of the Hindi language;
•to develop it so that it may serve as a medium of
expression for all the elements of the composite
culture of India;
•to secure its enrichment by in Hindustani and in the
other languages of India specified in the Eighth
Schedule, and
•by drawing for its vocabulary, primarily on Sanskrit.
