Directive Principles of State Policy and Fundamental Rights | Constitutional Law - CLAT PG PDF Download

Directive Principles of State Policy (DPSPs)

Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP) are non-justiciable, meaning they cannot be enforced by courts in case of violation. However, the Constitution emphasizes that these principles are fundamental for governance, and it is the duty of the state to apply them in law-making. This creates a moral obligation for state authorities to follow these principles.

List of DPSPs under Indian Constitution 

 Article 36 

• Defines "State" as in Article 12 unless context dictates otherwise.

 Article 37 

• States that the principles in this part are fundamental in governance and should be applied by the state in making laws.

 Article 38 

• Authorizes the state to secure a social order for the promotion of people's welfare.

 Article 39 

• Outlines certain policy principles to be followed by the state, such as adequate means of livelihood, equal pay for equal work, protection of children against exploitation, and promotion of educational and economic interests of weaker sections.

 Article 39A 

• Ensures equal justice and free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

 Article 40 

• Encourages the organization of village panchayats (local self-governments) to promote self-governance and grassroots democracy.

 Article 41 

• Guarantees the right to work, education, and public assistance in certain cases, such as unemployment, old age, sickness, and disability.

 Article 42 

• Provides for just and humane conditions of work and maternity relief, ensuring the dignity and well-being of workers and mothers.

 Article 43 

• Calls for the state to secure a living wage and decent working conditions for workers, promoting their well-being and productivity.

 Article 43A 

• Encourages the participation of workers in the management of industries, fostering cooperation and mutual benefit.

 Article 43B 

• Promotes the voluntary formation, autonomous functioning, and democratic control of cooperative societies.

 Article 44 

• Advocates for a uniform civil code for all citizens, ensuring equality and justice in personal laws governing marriage, divorce, inheritance, and adoption.

 Article 45 

• Mandates early childhood care and education for all children below the age of six years, recognizing the importance of early development and learning.

 Article 46 

• Promotes the educational and economic interests of Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections, ensuring their upliftment and integration into society.

 Article 47 

• Imposes a duty on the state to raise the level of nutrition, standard of living, and public health, addressing basic needs and health concerns of the population.

 Article 48 

• Encourages the organization of agriculture and animal husbandry on modern and scientific lines, enhancing productivity and sustainability.

 Article 48-A 

• Mandates the protection and improvement of the environment, forests, and wildlife, promoting ecological balance and conservation.

 Article 49 

• Provides for the protection of monuments and places and objects of national importance, preserving cultural heritage and history.

 Article 50 

• Calls for the separation of the judiciary from the executive in the public services, ensuring independence and impartiality of the judiciary.

 Article 51 

• Promotes international peace and security, encouraging friendly relations and cooperation with other nations.

DPSP Under Preamble 

• The Preamble of the Constitution serves as a guiding principle for understanding the objectives and intentions behind the Constitution. DPSPs are considered central to the Constitution, reflecting its core objectives. 
• The DPSPs aim to achieve social, economic, and political justice, as outlined in the Preamble. They embody the ideals of Justice, Liberty, Equality, and Fraternity, and represent the concept of a welfare state that India aspired to after colonial rule.

Enforceability of DPSPs 

• Individuals cannot sue the state or central government for not following the directive principles in Part IV of the Constitution. Article 37 states that these principles are fundamental for governance but are not enforceable by courts. This non-justiciability makes the government immune from legal action for not adhering to these directives.
• Courts cannot issue the writ of mandamus to the state for non-compliance with directive principles, as these principles are not judicial tools. However, courts can act on their own in cases of significant public interest.
• Fundamental Rights are legal obligations, while DPSPs are moral obligations of the state. Some DPSPs have become enforceable laws and have expanded the scope of Fundamental Rights.

Relationship with Fundamental Rights 

• Fundamental Rights limit government power over individuals, while DPSPs guide government actions towards specific goals.
• DPSPs cannot be violated by individuals or the state without a law, whereas violations of Fundamental Rights have strict penalties.
• The court cannot declare laws against DPSPs void, unlike laws against Fundamental Rights.

Judicial rulings have debated whether Fundamental Rights or DPSPs take precedence. In the case of Madras vs. Champakan (AIR 1951 SC 226), the Supreme Court ruled that laws violating Fundamental Rights are void, but laws violating DPSPs are not. This indicates that Fundamental Rights hold a higher position than DPSPs.

In I.C. Golaknath & Ors vs. State Of Punjab & Anr. (1967 AIR 1643), the Court stated that Fundamental Rights cannot be limited by laws made by Parliament. If a law intended to implement DPSPs (Articles 39(b) and 39(c)) violates Fundamental Rights (Articles 14, 19, or 31), it is not unconstitutional.

In Keshavananda Bharati vs the State of Kerala (1973) 4 SCC 225), the Supreme Court placed DPSPs above Fundamental Rights. However, in Minerva Mills vs. Union of India (AIR 1980 SC 1789), the Court concluded that both DPSPs and Fundamental Rights are equally important and should be balanced, with neither having precedence over the other.

New Provisions of Directive Principles after Amendment 

• An added clause in Article 39: To secure opportunities for the healthy development of children
• An added clause in Article 39 as Article 39A: To promote equal justice and to provide free legal aid to the poor
• An added clause in Article 43 as Article 43 A: To take steps to secure the participation of workers in the management of industries
• An added clause in Article 48 as Article 48A: To protect and improve the environment and to safeguard forests and wildlife

DPSP and its Implementation 

• Although the implementation of the principles laid down in Part IV are not directly visible yet there are large and excessive of laws and government policies which reflect the application of the principle of Part I V. In the Judicial History of India, many laws and legal provisions were created by judicial reasoning. In such cases, DPSPs played a very vital role and the courts considered the directive principles very cautiously.
• Policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) get their authority from Article 39(a) which talks about the right to adequate means of livelihood.
• Laws such as the Child Labour (Prohibition and Regulation) Act 1986 bolster the canons of Article 39(g) which deals with the protection of children.
• Laws about the prohibition of slaughter of cows and bullocks get their sanctity from Article 48 which deals with the organization of agriculture and husbandry. Laws such as Workmen Compensation Act, Minimum Wages Act, Industrial Employment (Standing Orders) Act, The Factories Act, and Maternity Benefit Act depict the implementation of Article 41, Article 42 and Article 43A.

Importance of DPSPs for an Indian citizen 

• Regardless of the non-justifiable nature of DPSPs, a citizen should be aware of them. Article 37 describes these principles as fundamental in the governance of the country. The objective of the DPSPs is to better the social and economic conditions of society so people can live a good life.
• Knowledge of DPSPs helps a citizen to keep a check on the government.
• A citizen can use DPSPs as a measure of the performance of the government and can identify the scope where it lacks. A person should know these provisions because ultimately these principles act as a yardstick to judge the law that governs them. Moreover, it also constrains the power of the state to make a draconian law.
• Through various judicial pronouncements, it is settled principle now that balancing DPSPs and Fundamental rights is as important as maintaining the sanctity of Fundamental Rights. Non-following a directive principle would directly or indirectly affect the Fundamental Right which is considered as one of the most essential parts of the Constitution.

Fundamental Duties

The 42nd Amendment Act, 1976 added a Chapter IV-A which consist of only one Article 51 -A which dealt with a Code of Ten Fundamental Duties for citizens. Fundamental duties are intended to serve as a constant reminder to every citizen that while the constitution specifically conferred on them certain Fundamental Rights, it also requires citizens to observe certain basic norms of democratic conduct and democratic behaviour because rights and duties are co-relative.

Article 51 -A Says that it shall be the duty of every citizen of India 

• to abide by the constitution and respect its ideal and institutions;
• to cherish and follow the noble ideals which inspired our national struggle for freedom;
• to uphold and protect the sovereignty, unity and integrity of India;
• to defend the country and render national service when called upon to do so;
• to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional diversities, to renounce practices derogatory to the dignity of women;
• to value and preserve the rich heritage of our composite culture;
• to protect and improve the natural environment including forests, lakes, rivers, and wild-life and to have compassion for living creatures;
• to develop the scientific temper, humanism and the spirit of inquiry and reform;
• to safeguard public property and to abjure violence;
• to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.
• Further, one more Fundamental duty has been added to the Indian Constitution by 86thÄ Amendment of the constitution in 2002.
• who is a parent or guardian , to provide opportunities for education to his child, or as the case may be, ward between the age of six and fourteen years.

Need for Fundamental Duties 

Sources of Fundamental Duties 

• It is significant to note that none of the Constitutions of Western Countries specifically provide for the duties and obligations of citizens . Among the Democratic Constitutions of the world we find mention of certain duties of the citizens in the Japanese Constitution. 
• In Britain, Canada & Australia the rights and duties of citizens are governed largely by Common Law and Judicial Decisions. The French Constitution Makes only a passing reference to duties of citizens. 
• The American Constitution provides only for fundamental rights and not duties of citizens.

Conflicts Between Fundamental Rights and Directive Principals of State Policy: Associated Cases

• Champakam Dorairajan vs. State of Madras (1951): The Supreme Court ruled that if there is a conflict between Fundamental Rights and Directive Principles, the Fundamental Rights would take precedence. It clarified that the Directive Principles are secondary to Fundamental Rights. Furthermore, it held that Parliament could amend Fundamental Rights, but only through Constitutional Amendment Acts.
• Golak Nath vs. State of Punjab (1967): The Supreme Court decided that Fundamental Rights could not be amended by Parliament, even to enforce the Directive Principles of State Policy. This decision, however, contradicted its earlier judgment in the Shankari Prasad case.
• Kesavananda Bharati vs. State of Kerala (1973): In this landmark case, the Supreme Court overturned its Golak Nath decision, ruling that while Parliament has the power to amend any part of the Constitution, it cannot change the "Basic Structure Doctrine" of the Constitution. Following this judgment, Right to Property (Article 31) was removed from the list of Fundamental Rights.
• Minerva Mills vs. Union of India (1980): The Supreme Court reaffirmed that while Parliament can amend any part of the Constitution, it is restricted from altering the “Basic Structure” of the Constitution.