Laxmikanth Summary: Directive Principles of State Policy

Gandhian Principles

Based on Gandhian ideology, reflecting ideas from Gandhi's vision during the national movement. 

• Article 40: Organize village panchayats, empowering them for self-government.
• Article 43: Promote cottage industries in rural areas, either individually or cooperatively.
• Article 43B: Encourage the formation of cooperative societies with voluntary participation, democratic control, and professional management.
• Article 46: Promote the educational and economic interests of marginalized groups (SCs, STs, and others), protecting them from social injustice and exploitation.
• Article 47: Prohibit the consumption of harmful intoxicants.
• Article 48: Forbid the slaughter of cows, calves, and other useful cattle, aiming to enhance their breeds.

Liberal-Intellectual Principles

Reflects liberal principles, emphasizing individual rights and progressive governance.

• Article 44: Ensure a uniform civil code for all citizens across the country.
• Article 45: Provide early childhood care and education for children until the age of six.
• Article 48: Organize agriculture and animal husbandry using modern and scientific methods.
• Article 48A: Protect and improve the environment, safeguarding forests and wildlife.
• Article 49: Preserve monuments, places, and objects of artistic or historic importance declared national.
• Article 50: Separate the judiciary from the executive in public services of the State.
• Article 51: Promote international peace, maintain just and honourable relations between nations, respect international law and treaties, and encourage arbitration for settling international disputes.

New Directive Principles

42nd Amendment Act of 1976:

Added four new Directive Principles to the original list.

• Article 39: Secure opportunities for healthy child development.
• Article 39A: Promote equal justice and provide free legal aid to the poor.
• Article 43A: Take steps to involve workers in industry management.
• Article 48A: Protect and improve the environment, safeguarding forests and wildlife.

44th Amendment Act of 1978:

• Added another Directive Principle.
• Article 38: Requires the State to minimize inequalities in income, status, facilities, and opportunities.

86th Amendment Act of 2002:

• Changed the subject of Article 45, making elementary education a fundamental right under Article 21A.
• Requires the State to provide early childhood care and education for all children until the age of six.

97th Amendment Act of 2011:

• Added a new Directive Principle related to cooperative societies.
• Article 43B: Requires the state to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Sanction Behind Directive Principles of Policy

1. B.N. Rau's Recommendation:
   • Constitutional Advisor B.N. Rau suggested dividing individual rights into two categories: justiciable and non-justiciable.
   • Fundamental Rights (justiciable) were placed in Part III, while Directive Principles (non-justiciable) went to Part IV.
2. Nature of Directive Principles:
   • Non-justiciable in nature, meaning they can't be legally enforced by courts.
   • Constitution (Article 37) emphasizes their fundamental role in governance, making it the state's duty to apply them while making laws.
3. Moral Obligation and Political Force:
   • Imposes a moral obligation on the state authorities for application.
   • The real force behind them is political, driven by public opinion.
4. Importance Stressed by Leaders:
   • Leaders like Alladi Krishna Swamy Ayyar emphasized that no responsible government can lightly ignore the Directive Principles.
   • Dr. B.R. Ambedkar highlighted that a government relying on popular vote can't afford to ignore these principles.
5. Non-Enforceability Reasons:
   • Made non-justiciable and legally non-enforceable due to practical considerations:
   • Insufficient financial resources.
   • Diversity and backwardness in the country.
   • Newly independent India needed flexibility in deciding how and when to implement them.
6. Pragmatic Approach:Constitution makers believed in awakened public opinion rather than relying solely on court procedures for enforcing these principles.

Distinction Between Fundamental Rights and Directive Principles of State Policy

Criticism of the Directive Principles

The Directive Principles of State Policy have been criticised by some members of the Constituent Assembly as well as other constitutional and political experts on the following grounds:

1. No Legal Force:
   • Critics say Directive Principles are criticized because they cannot be legally enforced.
   • Described as 'pious superfluities,' like a 'cheque on a bank' only payable when resources permit.
   • Compared to New Year's resolutions that are broken quickly.
2. Illogically Arranged:
   • Critics argue that Directive Principles are not logically organized.
   • Notproperly classified; mix important and less important issues.
   • Sir Ivor Jennings says they lack a consistent philosophy.
3. Conservative:
   • Sir Ivor Jennings believes Directive Principles are based on 19th-century England's political philosophy.
   • Expresses Fabian Socialism without socialism.
   • Thought to be suitable for the 20th century but might become outdated for the 21st century.
4. Constitutional Conflict:
   • K. Santhanam highlights potential conflicts between different levels of government.
   • Possibility of conflict between the Centre and states, President and Prime Minister, and governor and chief minister.
   • Centre can direct states on Directive Principles, leading to the potential dismissal of state governments.
   • President canreject billsviolating Directive Principles, causing conflict with the Prime Minister.
   • Similar conflicts may occur between the governor and chief minister at the state level.

Utility of Directive Principles

1. Declared Fundamental:

   • The Constitution states that Directive Principles are fundamental to governing the country.
   • L.M. Singhvi calls them the "life-giving provisions" and the essence of the Constitution's social justice philosophy.

2. Positive Opinions:

   • M.C. Chagla believes following Directive Principles would make India a heavenly place.
   • Dr. B.R. Ambedkar values them for emphasizing"economic democracy"alongside political democracy.
   • Granville Austin sees them as fostering social revolution by creating necessary conditions.

3. Moral Precepts and EducativValue:

   • Sir RN. Rau views Directive Principles as"moral precepts"with educational value.
   • M.C. Setalvad, former Attorney General, sees them as an "Instrument of Instructions" for authorities.

4. Significance and Usefulness:

   • Directive Principles serve as general recommendations reminding authorities of constitutional principles.
   • Act as guiding lights for courts in exercising judicial review to determine constitutional validity.
   • Form the background for all state actions and guide the courts.
   • Amplify the Preamble's resolve to secure justice, liberty, equality, and fraternity for all citizens.

5. Roles Played by Directive Principles:

   • Facilitate stability and continuity in policies despite changes in the ruling party.
   • Supplementary to citizens' fundamental rights, filling in social and economic rights.
   • The implementation creates a favourable atmosphere for citizens to enjoy fundamental rights fully.
   • Enable the opposition to influence and control the government by pointing out non-compliance with Directives.
   • Serve as a crucial test for evaluating the government's performance, allowing citizens to scrutinize policies and programs.
   • Act as a common political manifesto, guiding legislative and executive actions regardless of political ideology.