Directive Principles

DIRECTIVE PRINCIPLES

Introduction:
• A List of policy guidelines is included in the constitution known as “Directive 

Principles of the state policy”(DPSP).
• The Guidelines are non justifiable .i.e, Parts of the constitution that cannot be enforced by the judiciary.

Directive Principles of the state policy:
• Establishment of planning commission under (article 38)
• Minimum wages act 1948 under article 39
• Maternity Benefits Act 1961 under article 42
• 73rd and 74th Amendments granting constitutional amendments to Panchayati Raj.

Goals:
• Welfare of the people Social ,economic and political justice.
• Raising the standard of living equitable distribution of resources.
• Promotion of international peace.

Policies:
• Uniform civil code.
• Prohibition of consumption of alcoholic liquor.
• Promotion of cotton industries.
• Prevention of slaughter of useful cattle.
• Promotion of village panchayat.

Directive Principles:
• Article 36 to 51 of the Constitution of India embodies the Directive Principles of State policy and for these we are indebted to the Constitution of Ireland. The objective is to establish a social and economic democracy in India.
• Article 37 reveals that:
1. The Directive Principles are not justiciable
2. They are Fundamental to the governance of the country
3. It shall be the duty of the State to apply these Directive Principles while formulating policies or making laws for the governance of the State.

Classification of DPs:

1. Socialist Principles:
• Article 38 -The state shall endeavor 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 sub- serve 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 - 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 - the state will make provisions for the creation of just and humane conditions of work. It will also ensure maternity relief.
• Article 43 - the state will ensure adequate wages, good life and rest to the laborers. The state will also endeavour to make available to the laborers various socio-cultural facilities.

2. Liberal Principles:
• Article 44 - The State shall endeavour to formulate and implement a Uniform Civil Code for all the people living throughout the territory of India.
• Article 45 - the State shall endeavour to provide early childhood care and education for all the children until they complete the age of six years.
• Article 47 - the State shall strive to raise the level of nutrition and the standard of living. Thus, it will endeavour to improve upon the health of the people.
• Article 48 - the State shall strive to organise agriculture and husbandry on modern and scientific lines. It will also try to maintain and improve upon the breed of the animals.
• Article 50 - the state will try to separate the judiciary from the executive in the case of public service.

3. Gandhian Principles:
• Article 4 - the State will strive to organise 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 suggests that the State will ban slaughtering of cows, calves and other milch cattle.

4. 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 honourable relations among various states in the world.
• Article 51(c)- The State will endeavour to promote respect for International treaties, agreements, and law.
• Article 51(f)- The State will strive to settle international disputes by arbitration.

‘Fundamentalization’ of Directive Principles:
 
• The Supreme Court has, in a number of judgments, referred to the importance of the Directive Principles. It has called these principles the “conscience” and the “core” of the Constitution.
• These principles are the “goals” to be achieved by Part III of the Constitution. They are intended to ensure “distributive justice” for removal of inequalities and disabilities and to achieve a fair division of wealth amongst the members of the society.
• The Supreme Court held that the courts can look at the Directive Principles for the purpose of interpretation of the fundamental rights.
• The courts will adopt that interpretation which makes the fundamental rights meaningful and efficacious.
• The courts have to make every attempt to reconcile the fundamental rights with the Directive Principles remembering that the reason why the Directive Principles were left by the founding fathers as non- enforceable was to give the Government sufficient latitude to implement them.
• The directives contained in Part IV, there are certain other directives addressed to the state in other part of the Constitution. These directives are also non-judicial. There are:
 
• Article 350 A enjoins every state and every local authority within the state to provide adequate facilities for instruction in the mother tongue at the belonging to linguistic minority groups.
 
• Article 351 enjoins the union to promote the spread of Hindi and to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.
 
• Article 335 enjoins that the claims of the members of the Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the union or a state.

Fundamental Rights vs Directive Principles:

Fundamental Rights

Constitute limitations upon state action
Justiciable
Require to be implanted by legislation
The negative obligation of the state
To establish political democracy, by guaranteeing equality, liberty, religious freedom and cultural rights

Directive Principles

The nature of instruments of instruction to the government of the day
Non-justiciable
There is no law carrying out the policy laid down
Affirmative directions dealing with the positive obligations of the state towards the citizens
State policy is to establish just social and economic order.

The Doctrine of Basic Structure (1973):
From the Kesavananda case emerged this doctrine, which suggested that there can be no law in violation of the "basic structure" of the constitution. Although, what it exactly comprises of is subject to some debate, usually the following come under this doctrine
• The supremacy of the constitution.
• Republican and democratic form of government.
• The secular character of the Constitution.
• Maintenance of the separation of powers.
• The federal character of the Constitution

Importance of DPs:
• Lay down the foundation of Economic Democracy
• Measuring rods to judge the achievements of the Govt
• They establish welfare state
• These are Fundamental in the Governance of the country.
• These Principles supplement Fundamental rights
• Guiding Principles for courts
• They bring stability and continuity in State policies

Sanctions behind the DPs:
• Constitution itself
• Public opinion
• Practical utility of a few DPs
• Constitutional amendments
• Laws made by the government
• Executive orders