Simone Lawson
The Directive Principles of State Policy (DPSP) are guidelines and principles enshrined in the Indian Constitution that are aimed at directing the State in its governance and policy-making to ensure the welfare of the people and the establishment of a just society. They are non-justiciable and legally non-enforceable, but they are considered fundamental in governance and serve as moral and political directives for the state. The DPSPs are inspired by the Spanish and Irish constitutions and aim to address issues such as pervasive poverty, hunger, and deep-seated socioeconomic inequalities. They are mentioned in Articles 36 to 51 of Part IV of the Indian Constitution.
| Characteristics | Values |
|---|---|
| Non-justiciability | DPSPs are non-justiciable, meaning they cannot be enforced by courts. |
| Fundamental to governance | DPSPs are considered fundamental in governance and serve as moral and political directives for the state. |
| Dynamic and evolving | DPSPs are not static principles but evolve over time to address emerging socio-economic challenges and the changing needs of society. |
| Welfare state | DPSPs are aimed at promoting the welfare of the people and the establishment of a just society. |
| Promotion of education | DPSPs promote free and compulsory education for all children up to the age of 14. |
| Promotion of economic interests | DPSPs seek to establish economic and social democracy in the country and ensure the distribution of wealth for the common good. |
| Organisation of village panchayats | DPSPs provide for the organisation of village panchayats and endow them with the powers necessary to function as units of self-government. |
| Separation of judiciary from executive | DPSPs provide for the separation of the judiciary from the executive. |
| Uniform civil code | DPSPs provide for the promulgation of a uniform civil code for the whole country. |
| Protection of national monuments | DPSPs provide for the protection of national monuments. |
| Prompt delivery of justice | DPSPs provide for the prompt delivery of justice by courts. |
| Promotion of international peace and security | DPSPs provide for the promotion of international peace and security, just and honourable relations between nations, and respect for international law. |
| Inspired by other constitutions | DPSPs are inspired by the constitutions of Ireland, Spain, and the "Instrument of Instructions" in the Government of India Act of 1935. |
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What You'll Learn
The non-justiciable nature of Directive Principles
The Directive Principles of State Policy (DPSP) are guidelines for the Indian government to follow in governing the country. They are inspired by the Directive Principles in the Irish Constitution, which address social justice, economic welfare, foreign policy, and legal and administrative matters. The DPSP aims to establish social and economic democracy through a welfare state, where the state directs its policy to secure the distribution of ownership and control of material resources for the common good.
While the DPSP is fundamental to governance, it is not enforceable by the courts, meaning they are non-justiciable. This means that citizens cannot take legal recourse if these principles are not followed. Despite their non-justiciable nature, the DPSP influences and shapes state policy and provides objectives and a framework for creating policies and laws. They are considered instruments of instruction for the government to act positively.
The non-justiciable nature of the DPSP is due to their position as subordinate to Fundamental Rights. The Supreme Court has ruled that in any conflict between Fundamental Rights and the DPSP, the former prevails. This was demonstrated in the Madras vs Champakan case, where the Supreme Court held that violating a fundamental right would nullify a law, but the DPSP holds no such power. The Court also clarified that the DPSP is subsidiary to Fundamental Rights and that absolute priority cannot be given to either, emphasizing the need for harmony and balance between the two.
The non-justiciability of the DPSP also means that while existing policies in line with the DPSP cannot be reversed, they can be expanded upon. For example, once prohibition is implemented in a state, it cannot be repealed as long as it aligns with the DPSP. However, the DPSP is not static, and changes can be made through a constitutional amendment passed by a special majority in both houses of Parliament.
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The role of the State in governance and policy-making
The Directive Principles of State Policy (DPSP) are guidelines and principles enshrined in the Indian Constitution, which direct the State in its governance and policy-making. They are non-justiciable, meaning they are not legally enforceable by the courts, but they are still fundamental to the governance of India and integral to its constitutional framework. The DPSPs are the ideals that the State must keep in mind when formulating policies and enacting laws.
The role of the State, as outlined in the DPSPs, is to establish a just society and promote the welfare of the people. This includes addressing socioeconomic challenges such as pervasive poverty, hunger, and inequality. The State is tasked with ensuring the well-being and dignity of its citizens by pursuing socio-economic objectives. This involves securing the distribution of ownership and control of material resources for the common good, and preventing the concentration of wealth and means of production to the common detriment.
The DPSPs also outline specific directives for the State to follow. These include providing free and compulsory education for all children up to the age of 14, promoting the education and economic interests of disadvantaged groups, organising village panchayats, and protecting national monuments. The State is also responsible for promoting justice and equal opportunities, providing free legal aid, and protecting and improving the environment.
The Indian Constitution does not specifically classify the DPSPs, but they can be broadly categorised into economic and socialistic, political and administrative, justice and legal, environmental, protection of monuments, and peace and security. These principles are dynamic and evolving, allowing for adaptation and innovation in governance strategies to meet emerging challenges and changing needs.
While the DPSPs are not legally enforceable, they play a crucial role in shaping laws and policies. They serve as a beacon for policymaking, guiding the nation towards its goals of justice, equality, and prosperity. The State has a duty to apply these principles in governance and law-making, and all executive agencies and the judiciary must also be guided by them.
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The promotion of social welfare and economic justice
The Directive Principles of State Policy (DPSP) are guidelines for the Indian government to follow in governing the country. They are inspired by the Directive Principles in the Irish Constitution, which address social justice, economic welfare, foreign policy, and legal and administrative matters. The DPSPs are ideals that the state should keep in mind when formulating policies and laws, but they are not legally enforceable by the courts.
To achieve social welfare and economic justice, the state is expected to implement various social welfare schemes. This includes initiatives such as reservation for scheduled castes, scheduled tribes, and other backward classes, the Mid-Day Meal Scheme, and the Sarva Siksha Abhiyan. The state is also responsible for providing free and compulsory education for all children up to the age of 14, ensuring just and humane conditions of work, and promoting equal opportunities.
The DPSPs also emphasise the importance of economic democracy and aim to prevent the concentration of wealth and means of production in a few hands. The state is directed to ensure that the economic system operates for the common good and does not result in the common detriment of its citizens. This includes striving for a more equitable distribution of wealth and income to reduce the gap between the resourceful and the poor.
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The influence of the Irish Constitution
The Indian Constitution, adopted in 1949 and enacted in 1950, replaced the Government of India Act of 1935. The Directive Principles of State Policy (DPSP) are guidelines for the country's governance, and while they are not enforceable by law, they are considered fundamental to it.
The DPSPs are inspired by the Directive Principles in the Irish Constitution, which relate to social justice, economic welfare, foreign policy, and legal and administrative matters. The people of India looked to the Irish Constitution as an example of how to address complex social and economic issues in a vast and diverse nation. The Indian National Congress, the country's largest political party at the time, committed to defending these fundamental rights in 1931.
The Indian Constitution includes provisions for fundamental rights, separation of powers, and directive principles of state policy, much like the Irish Constitution. Both documents were drafted by committees, with the Indian Constituent Assembly being appointed by elected members of the provincial assemblies. The Indian Constitution also includes the right to free and compulsory education for all children up to the age of 14, the promotion of education and economic interests of disadvantaged groups, the organisation of village panchayats, the separation of judiciary from the executive, the protection of national monuments, the promotion of justice and international peace and security, and the protection and improvement of the environment.
In addition to the philosophical and structural similarities between the two constitutions, there are also notable personal connections that have strengthened the relationship between India and Ireland. One of the most significant figures in this regard is Annie Besant, who, despite being from an Irish family, was a staunch supporter of Indian self-rule. In 1916, she founded the Home Rule League, which sought to model Indian independence on the Irish struggle. Other notable figures include Jawaharlal Nehru, Éamon de Valera, Rabindranath Tagore, W. B. Yeats, Sister Nivedita, and many others.
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The role of the Supreme Court in upholding Fundamental Rights
The Directive Principles of State Policy (DPSP) are guidelines for the Indian government to follow in governing the country. They are inspired by the Constitution of Ireland and aim to establish social and economic democracy through a welfare state. The DPSP is non-justiciable, meaning it is not legally enforceable by the courts.
The Indian Supreme Court plays a crucial role in safeguarding and upholding human rights through several key functions. The Court interprets constitutional provisions related to human rights, clarifying the scope and meaning of rights enshrined in the constitution. It ensures that individuals are protected from government actions that may infringe upon their rights.
The Supreme Court also has the power of judicial review, which allows it to review the constitutionality of laws, policies, and government actions. If a law or government action is found to violate human rights as guaranteed by the constitution, the Court can declare it unconstitutional and therefore unenforceable.
The Supreme Court has made several notable judgments that highlight its role in protecting human rights and upholding the Fundamental Rights of citizens. For example, in the case of Maneka Gandhi vs Union of India (1978), the Court held that the right to life and liberty includes the right to live with dignity. In Navtej Singh Johar vs Union of India (2018), the Court decriminalized consensual same-sex relations, affirming the rights of the LGBTQ+ community. In Shreya Singhal v. Union of India (2015), the Court struck down a section of the Information Technology Act that criminalized offensive or menacing online content.
The Supreme Court has also ruled on the relationship between Fundamental Rights and DPSPs, holding that in any case of conflict, the provisions of Fundamental Rights would prevail. The Court also ruled that Parliament could not amend Fundamental Rights to implement DPSPs, but could amend them through a constitutional amendment act to implement DPSPs. These rulings reflect the Court's commitment to ensuring a balance between Fundamental Rights and DPSPs, with the former enjoying supremacy.
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Frequently asked questions
The Directive Principles of State Policy are guidelines and principles enshrined in the Indian Constitution that are aimed at directing the State in its governance and policy-making to ensure the welfare of the people and the establishment of a just society.
The DPSP in the Indian Constitution were inspired by the Spanish and Irish Constitutions, as well as the Directive Principles given in the Constitution of Ireland related to social justice, economic welfare, foreign policy, and legal and administrative matters. The independence of Ireland from British rule and the development of the Irish Constitution were also looked upon as an inspiration for the independent Indian Government.
The key features of the DPSP include non-justiciability, dynamic and evolving nature, and the aim to establish a welfare state. They are non-justiciable, meaning they cannot be enforced by courts but are considered fundamental in governance and serve as moral and political directives for the state. They are also dynamic and evolving, addressing emerging socio-economic challenges and changing needs of society.
The Fundamental Rights are legally enforceable, while the DPSPs are non-justiciable and legally non-enforceable. In case of a conflict between Fundamental Rights and DPSPs, the former takes precedence according to Supreme Court rulings.
Some examples of DPSPs include the provision of free and compulsory education for all children up to the age of 14, the promotion of economic interests of weaker sections of society, the organisation of village panchayats, the separation of judiciary from the executive, the protection of national monuments, the promotion of international peace and security, and the protection and improvement of the environment.
