Directive Principle of State Policy (DPSP)
(Relevant for Polity section of General Studies Paper Prelims/Mains)
The origin of the concept of Directive Principles of State Policy (DPSP) can be traced back to the Spanish Constitution, which influenced its inclusion in the Irish Constitution.
The concept of DPSP was introduced through Article 45 of the Irish Constitution.
Constitutional Provisions: The Directive Principles of State Policy (DPSP) are outlined in Part IV of the Indian Constitution (Article 36–51).
Article 37 of the Indian Constitution addresses the applicability of the Directive Principles.
These principles have the objective of ensuring socio-economic justice for the citizens and shaping India into a Welfare State.
Fundamental Rights Vs DPSP
In contrast to the Fundamental Rights (FRs), the scope of Directive Principles of State Policy (DPSP) is extensive, and they operate at a broader level to safeguard citizens’ rights.
DPSP encompasses a set of ideals that the State should consider and incorporate while devising policies and legislations for the nation.
Unlike Fundamental Rights, which impose limitations on the State, Directive Principles provide affirmative guidance.
However, DPSP is not legally enforceable; it lacks justiciability.
It’s noteworthy that Directive Principles and Fundamental Rights complement each other.
DPSP is not subservient to Fundamental Rights.
The Directive Principles are categorized based on their underlying ideologies and objectives. These categories include:
- Socialist Principles
- Gandhian Principles
- Liberal and Intellectual Principles
Amendments in DPSP:
The 42nd Constitutional Amendment of 1976 introduced several additions to Part IV of the Constitution, including new directives:
- Article 39A: Ensuring the provision of free legal aid to the economically disadvantaged.
- Article 43A: Promoting worker participation in the management of industries.
- Article 48A: Focusing on the protection and enhancement of the environment.
- The 44th Constitutional Amendment of 1978 brought about changes as well. It introduced Section-2 to Article 38, emphasizing the State’s efforts to reduce economic inequalities in income and eliminate disparities in status, facilities, and opportunities not only among individuals but also among groups. Additionally, this amendment removed the Right to Property from the roster of Fundamental Rights.
- The 86th Amendment Act of 2002 brought a significant alteration. It modified the content of Article 45, elevating elementary education to the status of a fundamental right, now covered under Article 21A.
Conflicts Between Fundamental Rights and DPSP: Associated Cases
- Champakam Dorairajan vs. the State of Madras (1951): In this legal proceeding, the Supreme Court rendered a verdict stating that when a conflict arises between the Fundamental Rights and the Directive Principles, the former would take precedence. The court affirmed that the Directive Principles must align with and operate as subsidiary to the Fundamental Rights. Additionally, it asserted that the Parliament holds the authority to amend the Fundamental Rights through the enactment of constitutional amendment acts.
- Golaknath vs. the State of Punjab (1967): In this case, the Supreme Court ruled that the Parliament did not possess the power to amend the Fundamental Rights, even for the purpose of implementing the Directive Principles. This decision was contradictory to its prior ruling in the ‘Shankari Parsad case’.
- Kesavananda Bharati vs. the State of Kerala (1973): In this legal matter, the Supreme Court overturned its previous Golak Nath (1967) judgment and decreed that the Parliament retains the capacity to amend any section of the Constitution, albeit without altering its “Basic Structure”. Consequently, the Right to Property (Article 31) was removed from the roster of Fundamental Rights.
- Minerva Mills vs. the Union of India (1980): In this case, the Supreme Court reaffirmed that the Parliament holds the ability to amend various sections of the Constitution; however, it is restricted from altering the “Basic Structure” of the Constitution.
Implementation of DPSP: Associated Acts and Amendments
Land Reforms: Virtually all states have enacted land reform legislation to bring about transformations in the rural society and enhance the living conditions of the rural populace. These initiatives encompass:
- Elimination of intermediaries like zamindars, jagirdars, inamdars, etc.
- Tenancy reforms, such as ensuring secure tenures and equitable rents.
- Imposition of limits on land ownership.
- Redistribution of excess land among landless laborers.
Introduction of cooperative farming.
Labor Reforms:
- Various acts have been enacted to safeguard the interests of the labor community within society.
- The Minimum Wages Act (1948), and subsequently the Code on Wages, 2020.
- The Contract Labour Regulation and Abolition Act (1970).
- The Child Labour Prohibition and Regulation Act (1986), which was renamed the Child and Adolescent Labour Prohibition and Regulation Act in 2016.
- The Bonded Labour System Abolition Act (1976).
- The Mines and Minerals (Development and Regulation) Act, 1957.
- The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976), both introduced to protect the rights of female workers.
- Panchayati Raj System: Through the 73rd Constitutional Amendment Act of 1992, the government fulfilled the constitutional duty outlined in Article 40.
- The three-tier ‘Panchayati Raj System’ was established at the Village, Block, and District levels, covering almost all regions of the nation.
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