Directive Principle of State Policy UPSC Notes

The Directive Principle of State Policy is yet another fundamental feature of the Indian Constitution. These actually provide some guidelines for the government about what to be followed while framing the laws and policies. These guiding principles are directed towards social and economic justice among the citizens and the well-being of society. These are not enforceable under the law, yet guide governance, and thus influence the direction in which policymaking would go in India. Key Highlights:

• The Directive Principle of State Policy guides the government in forming laws and policies under social and economic justice.
• It aims at welfare so that citizens have equal opportunities for quality life.
• Though the principles are not enforced by law, they form a guide in enforcing a fair society.

What is Directive Principle of State Policy?

The DPSP are guidelines or principles under Part IV of the Indian Constitution. This specifically forms policies or laws in respect of the government to promote justice in society and the economy to achieve welfare for citizens. The courts are not legally enforcing these principles, but they form the basis for the governance of the country and serve to formulate a welfare state.

They deal with a whole range of subjects, including economic equality, social welfare, education, health, and even living conditions. 

The general idea is to assist the state in formulating and effecting laws that would advance the well-being of the people of the state and the welfare of the nation. The concept was adopted from the Irish Constitution and reflects the Indian people’s aspirations for justice, liberty, and equality.

Objective of Directive Principles of State Policy

Directive Principles of State Policy is to guide the government on promoting social and economic justice. These principles provide a roadmap for governance so that the government works to create a fair and just society. The directives should promote social and economic justice.

Establish a welfare state

Among its core purposes is to help the government establish a welfare state, in which the government, out of sheer interest, takes responsibility for citizens’ welfare. This would include such essentials like medical care, education, and employment, to name a few, ensuring each citizen leads a dignified and prosperous life.

Ensure equal distribution of resources

The Directive Principles lays emphasis on the equitable distribution of wealth and resources among people. They influence the state to avoid accumulated wealth in the hands of a few and distribute the nation’s resources, sharing resources equitably among citizens for the betterment of all, but more especially for the underprivileged.

Promote moral and ethical governance of the state

These principles will propel the government to legislate laws and policies that are morally and ethically upright. The state should uphold justice, liberty, and equality in governance. The decisions made by the government must be fair, transparent, and accountable to its people.

Policy Making

The Directive Principles constitute the framework of future governance. It serves as a roadmap for the government to ensure that their policies focus on not only current needs but rather sustainable developments, thus safeguarding the interests of generations to come by focusing more on environmental protection and long-term societal goals.

Classification of Directive Principle of State Policy

The State Policy directive principles are mainly categorized under three heads: Gandhian Principles, Liberal-Intellectual Principles, and Socialistic Principles. Each of these categories stands for a varied value structure and objects of the state.

Socialistic Principles

The Socialistic Principles Bases their ideology of focusing on economic and social justice to every citizen. They advocate for wealth and resource redistribution, lifting the poverty bracket and reducing inequality. These principles are based on the role of the state in ensuring that basic needs, such as food, shelter, and health, are accessible to all.

Gandhian Principles

The Gandhian Principles reflect the values of Mahatma Gandhi that are totally focused on the development of villages, self-reliance, and upliftment of the poor. The grounds on which these principles are based are the establishment of village panchayats, prohibition of liquor, and encouragement of cottage industries. Under such conditions, it will provide for a self-sufficient economy in the rural sector as well as sustain the most marginalized sections of society.

The Liberal-Intellectual Principles

The Liberal-Intellectual Principles envisage respect for individual rights and freedoms. Freedom of speech, education, cultural, and linguistic protection can be valued on their behalf. The state must also contribute to the establishment of international peace and security.

Features of Directive Principle of State Policy

The Features of Directive Principle of State Policy establish their distinct position in Indian governance. These principles:

Non-Justiciable Nature

It is also not enforced by courts; hence, citizens cannot compel the state towards implementing a Directive Principle. On the contrary, the principles are very significant elements in governance guiding the state in policymaking.

Develop Welfare State

The Directive Principles aim at setting up a welfare state. They seek to abate certain inequalities in income, in wealth and in social status, by setting the government to work for the welfare of its people, particularly so as regards health, education, and other social services.

Breadth of Application

The Directive Principles comprise a large number of issues as such the living wage, education, economic inequalities and environmental protection. They embrace both individual as well as collective rights while emphasizing on the state that tends to ensure good quality of life in the presence of all.

Moral Obligation of the State

Although not judicially enforceable, the Directive Principles impose a moral duty upon the government to make laws and policies reflective of such ideals. They serve as a constant reminder for lawmakers to place the welfare of citizens at the pinnacle of their interests.

Dynamic in Nature

With these modifications, the Directive Principles have been updated from time to time. Environmental protection and equal justice were added by the 42nd Amendment. This way, the principles become updated according to the passage of time and relevant in the system of governance of the present era and can handle issues of the contemporary age properly.

Amendments to the DPSP

There have been successive Amendments to the DPSPs. These are changing principles in line with the changing needs of the society. For instance, 42nd Amendment brought a new principle related to the protection of environment and equal justice. Such amendments reflect the changing Directive Principles of State Policy and make sure that the Directive Principles are functional in the present world.

• 42nd Amendment of 1976: Introduces principles on environmental protection, free legal aid and workers’ participation in the management for a broader place for social and economic justice.
• 44th Amendment of 1978: Reiterates that government promises welfare and justice should not be compromised by reminding the Directive Principles.
• 86th Amendment (2002): It places the compulsory provision of free and compulsory education for all children between six and fourteen years of age in the provision list. The law further enforces education by putting it in the list of the implementation priority of the nation.
• 97th Amendment (2011): the directive principle was supplemented with the promotion of cooperative societies as essential contributors to economic progress and social welfare.
• Other Amendments: Several amendment schemes have been brought into the Directive Principles to ensure it holds on to today’s requirements to face the challenge of a changing social, economic, and environmental factor.

Principles of State Policy Directive Implementation

The directive on the Principles of State Policy is an implementation formula for the state on how to give way to these guidelines. Even though not legally binding, the principles have shaped many laws and policies over the years.

The welfare-based law framed by the government based on the principle of the Directive Principles of State Policy concentrating on education, public health and relief or to minimize the economic differences to the nations, thus guiding the state action toward equitable growth.

The influence it exerts towards the policies of land reform, labor welfare rural development and uplifts the underprivileged sections of society to bring a balanced regional growth across the nation.

Although non-justiciable, the Directive Principles act as a moral guide for the state so that social justice is achieved without neglecting any section of society.

The government implements these principles gradually through various enactments and policies along with adaptation to changing circumstances by merging them with modern economic and social objectives. Implementation of Directive Principles requires collaboration between state and central governments, whose policies must align with the Directive Principles in order to address important issues, such as poverty, unemployment, and rural infrastructure development.

Criticism Against Directive Principles of State Policy

Despite the apparent nobility of intent, much Criticism has been made against Directive Principles of State Policy. Most important criticism is that they are non-justiciable, which means that citizens cannot seek legal redress against the government for failure to implement these principles.

Non-justiciable nature

The main complaint to such directives has been their lack of enforceability in court. They cannot be legally imposed on the government by citizens for actual implementation, and in that way, the practical, personal value and impact are reduced to nothing more than ideal guidelines devoid of accountability by laws.

Inconsistent with Fundamental Rights

Sometimes, the Directive Principles clash with Fundamental Rights, especially in matters of economic policy. Both are unmanageable since Fundamental Rights are only enforceable while the Directive Principles are very important but generally relegated to the background in case of conflicts.

Too idealistic and vague

In addition, some critic the principles to be too ideal and broad in nature. Their vagueness makes it very difficult to convert them into practical and achievable policies by governments, thereby leaving ample scope for subjective interpretation and dilution of the original intent.

Dependency on political will

This implementation of the Directive Principles depends very much on political will in the government. As it is a non-justiciable law, there are no machinery or ways of how every administration follows these principles, which often result in uneven application.

Resource constraint

Many of the Directive Principles require heavy investment of financial resources and administrative materials. The setting up of a welfare state and the imposition of steps for the obliteration of all forms of social inequalities require a heavy investment that may not be payable by the government, especially in the developing or economically difficult regions.

Conclusion

It is, indeed, important in governing India. Though they are not judicially enforceable, these principles actually serve as the moral and ethical grounds of government policies. They ensure that the state works for attaining social and economic justice before the people and creates an avenue toward a more equal society. The Directive Principles of State Policy-though being a matter of scathing critique, still act as a principal part of the Indian Constitution that guides the country toward a better future.

Directive Principle of State Policy UPSC Notes

1. The Directive Principles of State Policy are enshrined in Part IV of the Indian Constitution, from Articles 36 to 51. 2. DPSPs are not enforceable by any court, meaning citizens cannot seek their implementation through legal means. 3. DPSPs act as guidelines for the government to frame laws and policies aimed at promoting social and economic welfare. 4. DPSPs aim to create conditions for achieving social, economic, and political justice in society. 5. DPSPs are categorized into socialist principles, Gandhian principles, and liberal intellectual principles, each focusing on different aspects of state policy. 6. While non-enforceable, DPSPs are significant in shaping government policies, including land reforms, labor rights, and welfare schemes. 7. In case of conflict, the judiciary has ruled that Fundamental Rights have supremacy over DPSPs, as established in the Minerva Mills case (1980). 8. DPSPs have played a role in constitutional amendments, such as the 42nd Amendment, which sought to give them more importance in the governance process.

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