Directive Principles of State Policy in India – UGC-NTA NET Political Science
Directive Principles of State Policy (DPSP) are essential guidelines for the government in India. They are enshrined in Part IV of the Constitution of India, specifically within Articles 36 to 51. These principles aim to promote social and economic justice, reflecting the ideals of the Indian freedom struggle. Inspired by the Irish Constitution, DPSPs serve as a framework for governance, encouraging the establishment of a welfare state.
Definition of Directive Principles
Directive Principles of State Policy are non-justiciable guidelines for the State. They are not enforceable by courts but are fundamental in governance. DPSPs aim to ensure that the State works towards the welfare of its citizens. They guide the government in making laws and policies.
Historical Background
The historical context of DPSPs is . They were inspired by the Irish Constitution, which emphasised social and economic democracy. The framers of the Constitution of India incorporated these principles to reflect the aspirations of the Indian freedom struggle. The aim was to establish a just society.
Classification of Directive Principles
DPSPs are classified into various categories:
- Social Principles: Articles 38, 39, 41, 42, 43, and 45 focus on the welfare of the people.
- Economic Principles: Articles 39(b), 41, 43, and 47 address economic justice.
- Political Principles: Articles 40, 46, and 47 promote political democracy.
- Cultural and Educational Principles: Articles 29, 30, and 46 protect cultural rights.
- Environmental Principles: Article 48A emphasizes environmental protection.
Key Articles and Their Significance
Several articles within the DPSPs hold particular importance:
| Article | Significance |
|---|---|
| Article 36 | Defines the term ‘State’ for the purpose of DPSPs. |
| Article 37 | Highlights non-justiciability; DPSPs are fundamental but not enforceable. |
| Article 38 | Mandates the State to secure a social order for welfare. |
| Article 39 | Ensures adequate means of livelihood and equal pay for equal work. |
| Article 41 | Guarantees the right to work, education, and public assistance. |
| Article 42 | Provides for humane working conditions and maternity relief. |
| Article 43 | Ensures a living wage and decent standard of life for workers. |
| Article 45 | Mandates early childhood care and education. |
| Article 46 | Promotes educational and economic interests of weaker sections. |
| Article 48A | Focuses on environmental protection and wildlife conservation. |
Relationship with Fundamental Rights
DPSPs complement Fundamental Rights, which are enshrined in Part III of the Constitution. Both are crucial for effective governance. While Fundamental Rights guarantee individual freedoms, DPSPs guide the State in ensuring social justice. Courts have recognized the interplay between these two sets of provisions, often using DPSPs to interpret Fundamental Rights.
Judicial Interpretation
The judiciary has played a vital role in interpreting DPSPs. Landmark cases have brought into light their significance. For instance, in the Kesavananda Bharati case (1973), the Supreme Court emphasized the harmony between Fundamental Rights and DPSPs. This case established that the basic structure of the Constitution includes both sets of provisions.
Implementation Challenges
Despite their importance, implementing DPSPs faces several challenges:
- Non-justiciability: Since DPSPs are not enforceable, their implementation relies on the political will of the government.
- Administrative Capacity: Effective implementation requires robust administrative mechanisms.
- Socio-economic Disparities: Inequities in society hinder the realisation of these principles.
Amendments and Evolution
Over the years, various amendments have been made to align DPSPs with changing socio-economic conditions. The 42nd Amendment in 1976 is notable. It added Article 48A, focusing on environmental protection. This amendment reflected the growing awareness of environmental issues.
Role in Policy Making
DPSPs serve as a framework for the government to formulate policies. They influence the socio-economic development agenda of the State. For example, policies on education, health, and social welfare are often guided by the principles outlined in the DPSPs. This alignment ensures that the government works towards the broader goal of social justice.
