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Polity - "Directive Principles of State Policy"

Fundamental Rights (Part III of the Indian Constitution) that were discussed in the earlier chapter are the bedrock of political democracy. They ensure that democracy prevails and the roots of democracy run deep. They are essential for individual development - essential for an individual to attain full intellectual, moral and spiritual development.

Political democracy, however, remains fragile unless the socio-economic foundations are strengthened with policies that aim to establish a welfare state. Welfare State is a government that takes primary responsibility for the welfare of the people, particularly those who are weak and vulnerable. It is a state that aims to minimize disparities and ensure equitable development. Individual rights can be effectively enjoyed and become meaningful only when social security and economic well being are ensured. Democracy as a political process can only survive when it is sustained with supportive socio-economic order. Thus, the directive principles aim at creating a new socio-economic order to provide a firm foundation to political democracy in India
Directive Principles of State Policy are contained in Part IV of the Indian Constitution in Art.37-51. These are instructions/directions given to all present and future governments in India-federal and state governments to make policies and legislation incorporating these principles. DPSPs, thus guide public policy.

The concept of Directive Principles as incorporated in the Constitution of India, is influenced by various factors. Firstly, DPSPs as an idea was borrowed from the constitution of Ireland. Secondly, Government of India Act, 1935 contained a set of such “Instruments of Instructions”. Thirdly, the leadership of the freedom struggle representing liberal democratic ideas of the west chose to include them in the Indian Constitution as moral guidelines for the public policy of the welfare state. That is, DPSPs were intended to help the Government play a positive role in rebuilding India as a model democracy with socialist content. Fourthly, the contemporary socialist ideas had impacted the framers of the constitution. For example, the DPSPs related to worker welfare. Fifthly, the Constituent Assembly was influenced by the ideas of Mahatma Gandhi like Panchayati raj, promotion of village industries etc.

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It is necessary to note that in Part III of the Indian Constitution- Fundamental Rights some important economic and social rights are not included, such as right to work, right to education, social security etc. These rights find place in the Directive Principles.

Constitution of India declares that DPSPs are “fundamental in the governance of the country” (Art.37). Both the Legislature and the Executive should apply DPSPs while making and implementing policies in social and economic spheres.

They are non justiciable in nature.Therefore the government cannot be forced to implement them.

 Though they are non justiciable in nature,they help the courts in examining the constitutional validity of a law. SC ruled that in determining the constitutionality of any law,if a court finds that the law in consideration is trying to give effect to a DPSP,it may consider such law to be ‘reasonable’ in relation to Article 14 or Article 19 & thus save such law from being called unconstitutional

 DPSPs are very comprehensive in their scope to include almost all aspects of socio-economic change. They guide State activity in political, economic, social, environmental, educational, cultural and international areas.

The DPSPs can be broadly classified into the following categories:

• Socialistic
• Gandhian
• Liberal & Intellectual
• International

DPSPs and Socialism

Socialism is a worldview in which the Government makes policies that aim to minimize inequalities. Government does so by public ownership of means of production. The aim is to prevent concentration of wealth in a few hands. It grants right to work to the people and actively intervenes in the socio-economic affairs in favour of poor and vulnerable like elderly and women. Socialist policies are necessary in an underdeveloped country like India with large section of the population being poor.

Socialist Principles:

1. Article 38 -State to secure a social order for the promotion of welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and     protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life

(2) The State shall try  to minimize the inequalities in income, and endeavor 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.

1. Article 39 -Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing

(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, 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) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

1. Article 39A   - To promote equal justice & to provide free legal aid to the poor.
2. 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.
3. Article 42 To make provision for just and humane conditions for work and maternity leave.
4. Article 43 - To secure a living wage ,a decent standard of life & social & cultural opportunities for all workers.
5. Article 43A- To take steps to ensure participation of workers in the management of industries.
6. Article 47 - To raise the level of nutrition & the std of living of people & to improve public health.

Gandhian Principles

The philosophy of Mahatma Gandhi centres around empowerment of people through decentralization of political power to villages and economic power to the village industries. It is embodied in the traditional Indian institutions of participatory governance called panchayati raj and Nagarapalika bodies. The economic democracy that Gandhian ideals speak of is based on cottage and villages industries as they are labour-intensive; help in dispersal of power geographically and also in terms of economic benefits; and prevent concentration of wealth. Further, Gandhiji advocated banning of cow slaughter and banning consumption of intoxicating substances.

The above elements of Gandhian ideology are found in the DPSPs in the following Articles of the Constitution

• Art. 40 - To organise  Panchayati raj & give them powers to function as unit of self government.
• Art. 43 -   To promote village and cottage industries
• Art 46- To promote the educational & economic interests of SCs,STs & other weaker sections of society & to protect them from social injustice & exploitation.
• Art. 47 - To prohibit consumption of intoxicating drinks & drugs which are injurious to health.
• Art. 48 - To ban  cow slaughter & improve their breeds.

Liberal & Intellectual Principles

1. Art 44- To secure for all citizens a uniform civil code throughout the country.
2. Art 45- To provide early childhood care & education for all children until they complete the age of 6 years.
3. Art 48 - To organize agriculture & animal husbandry on modern & scientific lines.
4. Art 48A- To protect the environment,forests & wild life.
5. Art 49- To protect monuments,places & objects of artistic or historic importance which are declared of national importance.
6. Art 50- To separate the judiciary from the executive .

International Relations

Indian foreign policy, since Independence, has stood for peace in the world and multilateralism. Our initiation of the non-alignment as the bedrock of foreign policy to defuse global tensions and build a independent and stable base for national development is a classic example. Our support for decolonization, opposition to apartheid and advocacy of democratization of United Nations and universal and non-discriminatory disarmament are consistent with Art. 51 which says the following:

The state shall:

• Promote international peace and security
• Aim at the settlement of international disputes by arbitration.
• Also aim at maintaining just and honourable relations with other countries.
• To foster respect for international law & treaty

Thus, seeking international peace and cooperation is a Constitutional directive.

New Directive Principles :

The 42 CAA added 4 new DPSPs.

1. Article 39
2. Article 39A
3. Article 43A   
4. Article 48A

The 44 CAA added one more   

     1) Article 38

The 86th CAA changed the subject matter of Article 45 & made elementary education a FR under Art.21. The amended directive requires the State to provide early childhood care & education for all children until they complete the age of 6 years.

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