Directive Principles – Legislative and Administrative Implementation of International Human Rights Norms | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• The concept of Directive Principles in the Constitution of India originates from Part IV, Articles 36-51.
• These principles are inspired by the Constitution of Ireland and the Spanish Constitution.
• Unlike Fundamental Rights, Directive Principles are not legally enforceable but are crucial for the governance of the nation.
• They mandate the state to consider these principles while formulating laws.
• Directive Principles serve as guidelines for the government to promote the welfare of the people and establish a just society.

Directive Principles Overview

• Directive Principles are a set of guidelines for the state to promote social and economic democracy.
• They aim to achieve social justice, equality, and better living standards for all citizens.
• Examples include promoting equal pay for equal work and providing adequate means of livelihood for all citizens.

Features of Directive Principles

• Directive Principles are non-justiciable, meaning they cannot be enforced by the courts.
• They are fundamental to the governance but not legally binding.
• These principles guide the state in creating policies for the welfare of the people.

Importance of Directive Principles

• Directive Principles play a crucial role in shaping the social and economic policies of the government.
• They emphasize the state's responsibility to work towards the welfare of all sections of society.
• By following these principles, the government aims to reduce inequality and improve the quality of life for all citizens.

Brief history of Directive Principles of State Policy (DPSP)

• Human rights historically focused on obligations of States and society towards individuals.
• States are compelled under international norms to protect and promote human rights.
• Mechanisms like courts, ombudsmen, and National Human Rights Institutions safeguard rights.
• Human rights are moral values inherent in all individuals, essential for a sustainable life.
• Universal human rights are guaranteed by various international laws and treaties.
• Developing countries emphasized the rights to self-determination and development.
• Tension exists between traditional and evolving approaches to human rights implementation.
• Significant human rights instruments include the Universal Declaration of Human Rights and various conventions.
• Some parts of the Universal Declaration are considered binding international law.
• International human rights law imposes obligations on governments to protect human rights.
• The Indian Constitution's Directive Principles are described as novel features by Dr. B.R. Ambedkar.
• Directive Principles, along with Fundamental Rights, are seen as the conscience and soul of the Indian Constitution.

Explanation:

• States are mandated to uphold human rights standards to ensure individuals can lead dignified lives.
• International human rights law sets the foundation for governments to protect fundamental freedoms.

Examples:

• For instance, the right to development is crucial for ensuring equal opportunities for all individuals.
• In the Indian context, the Directive Principles reflect the essence and values of the Constitution.

Implementation of Directive Principles

• The Maternity Benefit Act, 1961 and Equal Remuneration Act, 1976: These acts were established to safeguard the rights and interests of women employees in India, ensuring fair treatment and remuneration.
• The Legal Services Authorities Act of 1987: This legislation was enacted to provide free and proficient legal assistance to the underprivileged sections of society, facilitating equal access to justice. It also aimed to organize Lok adalats to promote impartial justice.
• Nationalization of life insurance and commercial banks: The nationalization of key financial institutions and the abolition of Privy Purses in 1971 were pivotal steps taken to utilize financial resources for the overall welfare of the nation.
• Promotion of Cottage Industries: Various boards such as Khadi and Village Industries Board, Small-scale Industries Board, Handloom Board, Silk Board, etc., were established to foster the growth of cottage industries in rural areas, contributing to local economic development.
• Modernization of Agriculture: Enhancements in agricultural practices including the provision of superior inputs, fertilizers, seeds, and irrigation facilities have facilitated the modernization of agriculture, thereby increasing productivity and improving farmers' livelihoods.
• Non-alignment and Panchsheel Policy: India's adherence to non-alignment and the Panchsheel principles has been instrumental in promoting international peace and security, emphasizing diplomacy and peaceful coexistence.
• Establishment of National Commissions: National Commissions were instituted to advocate for and safeguard the social, economic, and educational well-being of marginalized communities, ensuring their rights and interests are protected.
• Judiciary-Executive Separation: The Criminal Procedure Code of 1973 delineated the separation of the judiciary from the executive concerning public services at the state level, ensuring a fair and independent legal system.
• Health Initiatives: Special programs were initiated to combat prevalent diseases like malaria, Guinea worm, Japanese encephalitis, yaws, cancer, AIDS, among others, aiming to improve public health and well-being.
• Reservation Policies: Reserved seats for Scheduled Castes, Scheduled Tribes, and other marginalized groups in educational institutions, governmental schemes, and representative bodies were implemented to ensure equitable opportunities and representation.
• Animal Protection Laws: Legislation was enacted to prohibit the slaughter of cows, bullocks, and calves, emphasizing animal welfare and cultural sentiments.

While numerous measures have been undertaken by the government to promote individual welfare and uphold human rights, challenges such as inadequate financial resources, population growth, unfavorable socio-economic conditions, etc., have hindered the effective implementation of these principles.

Article 51 and Its Role in Implementing International Obligations

• Article 51(c) serves as a fundamental provision that integrates international law into the domestic legal framework of India. It focuses on the promotion of international peace and security.
• This article emphasizes the following key objectives:
  • Promoting international peace and security.
  • Maintaining just and honorable relations between nations.
  • Fostering respect for international law and treaty obligations in the interactions between organized groups of people.
  • Encouraging the resolution of international disputes through arbitration.

One significant aspect is clause (c) of Article 51, which has been instrumental in incorporating various international instruments like the Universal Declaration of Human Rights and the Economic, Social, and Cultural rights into the interpretation of fundamental rights and covenants on political and civil rights.

Article 51 is a part of the Directive Principles of State Policy in India. While not directly enforceable or justiciable, it empowers the government to work towards the objectives outlined in international treaties it has ratified, aiming at the welfare of individuals through executive and legislative actions.

Even though Article 51 itself is not enforceable, the judiciary plays a crucial role in interpreting India's international obligations within the context of domestic laws. This interpretation is vital in cases involving international law issues and their implementation.

Human Rights in India

• International Treaties and Conventions:
  • India has ratified over 160 treaties and conventions, particularly focusing on human rights, environment law, space law, international trade law, and intellectual property rights.
• Constitutional Foundations:
  • The Fundamental Rights and Directive Principles of State Policy (DPSP) in the Indian Constitution align with international human rights principles.
  • The Indian Judiciary interprets these principles to uphold human rights objectives, drawing from global norms and standards.
• Legislation for Human Rights Protection:
  • Laws like the Human Rights Act of 1993, Right to Education Act of 2009, Child Labour (Prohibition and Regulation) Act of 1986, and Persons with Disability Act of 1995 safeguard the rights of vulnerable groups in society.
• Directive Principles and International Standards:
  • Part IV of the Indian Constitution contains positive principles guiding the creation of new laws, showing parallels with the Universal Declaration of Human Rights.
  • The United Nations Organization (UNO) plays a crucial role in promoting global peace, security, and human rights, reflected in the annual proclamation of the Universal Declaration of Human Rights since 1948.
• Constitutional Influence and Implementation:
  • India's Constitution, adopted in 1950, incorporates principles from various international sources, including the Universal Declaration of Human Rights, tailored to the nation's historical context and societal values.
  • Indian courts prioritize alignment with international human rights standards, emphasizing that domestic laws should harmonize with these norms, with the Constitution prevailing in case of conflict.

By incorporating international norms and principles into its legal framework, India demonstrates a commitment to upholding human rights and ensuring the protection of its citizens, particularly marginalized groups. The judiciary's role in interpreting and applying these standards underscores the country's dedication to advancing human rights within its unique societal context.

Relevant Case Laws

Vishaka v. State of Rajasthan, 1997

This landmark case in India's legal history addressed the working conditions of female employees. Originating as a Public Interest Litigation, it urged the Supreme Court to uphold the fundamental rights of working women under Articles 14, 19, and 21 of the Indian Constitution, known as the "golden trinity." In response, the court introduced the Vishaka Guidelines, defining workplace sexual harassment and outlining appropriate measures to combat it.

Randhir Singh v. Union of India, 1982

The Supreme Court affirmed that although "equal pay for equal work" is not explicitly enshrined as a fundamental right in the Constitution, it is regarded as a constitutional objective under Articles 14, 19, and 39(c).

Keshavananda Bharti v. State of Kerala, 1973

Justice Mathew, in delivering the judgment, emphasized the significance of directive principles by stating that certain rights are inherent to individuals by virtue of being human. These moral rights, encompassing liberty and equality, form the bedrock of the Constitution and are integral to its essence.

Prem Shankar Shukla v. Delhi Administration, 1980

The court ruled that international instruments, once adopted by India as part of its legal framework through Article 51, hold legal weight as long as they align with domestic laws. This allows for their application and enforcement within the Indian legal system.

Unni Krishnan, J.P v. State of A.P, 1993

By interpreting Article 41 and 45, the court delineated the right to education, asserting that every child in India has the right to free education until the age of 14. Post this age, access to education is subject to the State's economic capacity and developmental priorities. The introduction of Article 21-A further impacted the provisions of Article 45.

Conclusion

• In conclusion, while the Directive Principles of State Policy (DPSP) have faced criticism for their non-justiciability and perceived conservatism, they align with universal principles of human rights and contribute to India's commitment to international treaties and conventions. The Indian Constitution provides a framework for incorporating international obligations into domestic law through parliamentary or state legislative action.
• Despite not being legally enforceable, DPSPs play a vital role in guiding the governance of the country and impose a duty on the state to enact laws that reflect these principles. They are viewed as essential components of the Constitution, intended to foster democracy and advance the nation towards a welfare state.
• Ultimately, the DPSPs serve as a beacon for progressive policymaking, shaping the trajectory of India's development while upholding fundamental democratic values.