Justice and Equity: The Soul of Directive Principles of State Policy (DPSP) 1100 Words
Directive Principles of State Policy, or DPSP, are one of the most salient features of the Indian Constitution that describes the aims to be adopted by the State in pursuing social and economic democracy. Not only enforceable but having the highly important position of a fundamental principle in governance, let’s try to view a detailed study of the DPSPs.
Introduction to DPSP
It is incorporated in Part IV of the Indian Constitution, from Articles 36 to 51.
It has been adopted from the Irish Constitution, which in turn has been influenced by the Spanish Constitution.
These postulates express the Preamble’s concepts of justice, liberty, equality, and fraternity.
The aim is to create a welfare state as the State is obligated to take steps that ensure socio-economic development of citizens.
Nature and Characteristics
Non-Justiciable:-
Cannot be enforced by courts; they remain as moral obligations of the State.
Dynamic in Nature:-
Permit flexibility to adjust with changing socio-economic conditions.
Supplement to Fundamental Rights:-
Offer broader framework for governance and supplement Fundamental Rights.
Guiding Tool:-
Would assist in formulating laws and policies.
Objectives of DPSP
Social Justice:-
Equalize conditions of all sections of people.
Economic Justice:-
Promote balanced distribution of resources and remove income inequality.
Political Justice:-
Greater democratic values and participations
Human Development:-
Health, Education, and a good way of life
DPSP Classification
The DPSPs can be categorized broadly into three heads.
Socialistic Principles:-
Include socio-economic justice.
Are directed towards eliminating inequalities and doing away with exploitation.
Important Articles
Article 38:-
Attain social order to uplift the people’s welfare
Article 39:-
Means of Livelihood adequate supply of material resources to people and Relief against Concentration of Wealth.
Article 41:-
Right to work, education, and public assistance.
Article 42:-
Provide for humane working conditions and maternity relief.
Gandhi an Principles
In pursuance of the ideals of village self-government as enunciated in the goal of rural India along the lines laid down by Mahatma Gandhi.
Important Articles
Article 40:-
Organise village panchayats as units of self-government
Article 43:-
Promotion of cottage industries
Article 46:-
Protection and promotion of SCs and STs and other backward classes or weaker sections for social and economic progress by protecting them against social injustice also.
Article 48:-
Organisation of agriculture and animal husbandry.
Reflect ideals of liberalism and internationalism.
Important Articles
Article 44:-
Ensure a Uniform Civil Code (UCC) for all citizens.
Article 45:-
Offer free and compulsory education to the children.
Article 47:-
Enhance public health and prohibit intoxicating liquor.
Article 48A:-
Safeguard and develop environment and forests and wild life.
Article 51:-
Promote international peace and security.
DPSP Significance
Blueprint of Governance:-
It gives a number of principles for the Government to strive for a socially just and equitable society.
Framework of Welfare State:-
This provides a framework to the State for the elimination of social and economic inequalities.
Source of Positive Obligations:-
DPSPs provide inspirations to the State for taking positive steps in most areas.
Help to Judicial Interpretation:-
The Courts frequently look at DPSPs while determining the scope and extent of Fundamental Rights.
Association with Fundamental Rights
Supplemental Character:-
The fundamental rights are enforceable. Still, DPSPs are not enforceable yet try to fulfill the goals of Fundamental Rights.
Conflicts:-
Whenever Fundamental Rights are in conflict with DPSPs. That is, cases like cases relating to property rights.
Judicial Reconciliations:-
The Courts have held that Fundamental Rights and DPSPs are not in conflict but are reconcilable.
Role of Judiciary in DPSP Interpretation
Leading cases where DPSPs were considered:-
Champakam Dorairajan Case, 1951:-
Supremacy of Fundamental Rights over DPSPs.
Golaknath Case, 1967:-
Resurrected the non-justiciable character of DPSPs.
Kesavananda Bharati Case, 1973:-
It maintained that the balance between Fundamental Rights and DPSPs is essential.
Minerva Mills Case, 1980:-
It ruled that the balance between Fundamental Rights and DPSPs is a basic structure of the Constitution.
DPSP Enforcement
So many enactments and policies have been made for realizing the very purpose of DPSP. Some of them are:-
Minimum Wages Act, 1948:-
Provides fair wage to the laborers under Article 43.
Right to Education Act, 2009:-
Free and compulsory education under Article 45.
National Rural Health Mission:-
Advances public health through Article 47.
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005:-
Right to work under Article 41.
Challenges in Implementing DPSP
Economic Constraint:-
It is meaningless without finance and personnel
Political Will:-
Political parties lack agreement and priority over it.
Social-Economic Constraint:-
The socio-economic gap in the form of unequal income and education is prevailing, and hence it calls for a process for its effective implementation.
Conflict with Basic Rights:-
Case law and constitutional issues.
Reforms and Suggestions
Political Will:-
Develop political will on the part of political leadership
Public Awareness:-
Socializing the people about their needs for DPSPs
Judicial Activism:-
Developing constructive judicial activism by making DPSPs workable with Basic Rights.
Resource Allocation:-
Adequate funds and resources in welfare schemes.
Periodic Review:-
Periodic validity and working of DPSPs in light of the current socio-economic scenario.
DPSP in International Perspective
Comparable provision exists in other constitutions:-
Ireland:
Ireland has influenced the DPSP’s in Indian Constitution.
South Africa:-
Socio-economic rights are considered justiciable provisions.
USA:-
Although not within the constitution, the concept of a welfare state becomes a part of the government.
Criticism of DPSP
Non-Justiciable Nature:-
It is considered to be one of the worst drawbacks and hence dilutes their applicability.
Vague and Ambiguous:-
There are some provisions that are vague and lack specific objectives.
Overlapping with Fundamental Rights:-
This leads to uncertainty in its interpretation and enforcement.
Delayed Implementation:-
Most of the principles go unimplemented even after five decades of independence.
Relevance in Modern Governance
In the present scenario of globalization and socio-economic transformations, DPSPs become an important guiding force for inclusive growth.
They reflect the aspirations of a welfare-oriented democratic polity and hence remain an important guiding light for governance.
Conclusion
The Directive Principles of State Policy present a vision of a just, equitable, and prosperous society. Not justiciable, yet they are inalienable to the policies and laws designed for the well-being of the people. The effective implementation of these directive principles would, therefore, require a balanced approach along with political commitment and active public participation towards realizing the dream of a welfare state as envisaged by the Constitution.
Also Read:- Mountbatten Plan of 1947: Shaping the Destiny of a Nation