DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

The Directive Principles of State Policy (DPSP) are a set of guidelines or principles laid down in Part IV  (Articles 36-51) of the Constitution of India. The source of the concept of DPSP is the Spanish Constitution from which it came in the Irish Constitution. These principles aim to provide a framework for governance and policy-making by outlining the socio-economic goals that the state should strive to achieve. While the DPSP are not legally enforceable by courts, they serve as fundamental guidelines for the government while formulating policies and enacting laws.

Key features of the Directive Principles of State Policy include:

• The DPSP emphasize the promotion of social justice by ensuring equal opportunities and equitable distribution of resources. They advocate for the elimination of inequalities based on caste, religion, race, or sex.
• The DPSP focus on the welfare of the citizens, including provisions for adequate standard of living, healthcare, education, and social security. They aim to improve the quality of life and promote the well-being of all individuals.
• Some DPSPs reflect the principles advocated by Mahatma Gandhi, such as promoting cottage industries, village panchayats, and decentralized governance. These principles emphasize self-sufficiency, rural development, and community participation.
• The DPSP encourage the promotion of international peace and cooperation, advocating for peaceful relations with other countries and adherence to international law and agreements.
• In recent years, environmental protection has been recognized as an important aspect of the DPSP. The principles emphasize the conservation of natural resources, sustainable development, and protection of the environment for future generations.

Directives based on Socialist Principles

1. Article 38 Promotion of welfare by securing social, economic, and political justice and minimizing inequalities.
2. Articles 39 Policies directed towards securing adequate livelihood, common good in resource ownership, wealth distribution, equal pay, worker protection, and prevention of child exploitation.
3. Article 41 Ensuring the right to work, education, and public assistance.
4. Article 42 Provision for just and humane working conditions and maternity relief.
5. Article 43 Endeavor to secure a living wage and decent standard of life for workers.
6. Article 43A Steps to ensure workers' participation in industry management.
7. Article 47 Improvement of nutrition, living standards, and public health.

Directives based on Gandhian Principles

1. Article 40 Organization of village panchayats for self-government.
2. Article 43 Promotion of cottage industries in rural areas.
3. Article 43B Encouragement of cooperative societies with democratic control.
4. Article 46 Promotion of educational and economic interests of weaker sections.
5. Article 47 Improvement of public health and prohibition of harmful substances.
6. Article 48 Prohibition of cow slaughter and improvement of cattle breeds.

Directives based on Liberal-Intellectual Principles

1. Article 44 Endeavors to secure a Uniform Civil Code.
2. Article 45 Provision of early childhood care and education.
3. Article 48 Organization of agriculture and animal husbandry on modern lines.
4. Article 48A Protection and improvement of the environment and wildlife.
5. Article 49 Protection of monuments and places of artistic or historic interest.
6. Article 50 Separation of the judiciary from the executive.
7. Article 51 Promotion of international peace and security through diplomatic means.

Amendments in DPSP

1. The 42nd Constitutional Amendment, 1976 Introduced provisions for free legal aid to the poor and workers' participation in industry management.
2. The 44th Constitutional Amendment, 1978 Declared the state's aim to minimize economic inequalities and eliminated the Right to Property from Fundamental Rights.
3. The 86th Amendment Act of 2002 Made elementary education a fundamental right under Article 21A.

5. How Article 31(c) is related to DPSP?

• Article 31(c) of the Indian Constitution is related to the Directive Principles of State Policy (DPSP) in the sense that it seeks to reconcile conflicts between certain Fundamental Rights and DPSPs.
• Article 31(c) was introduced by the 25th Amendment Act, 1971, and it aims to give precedence to certain DPSPs over specific Fundamental Rights, particularly those related to property rights.
• Article 31(c) states that if a law is made to give effect to any of the DPSPs enumerated in clauses (b) and (c) of Article 39 (which pertain to equitable distribution of resources and operation of the economic system), then such a law cannot be invalidated because it violates Article 14 (Right to Equality) or Article 19 (Right to Freedom) of the Constitution.
• In essence, Article 31(c) provides a mechanism for the state to enact laws aimed at achieving socio-economic objectives outlined in the DPSPs, even if those laws infringe upon certain Fundamental Rights, particularly regarding property rights.
• This provision underscores the principle that while Fundamental Rights are crucial, there may be circumstances where the state's pursuit of socio-economic justice takes precedence over individual property rights.

6. The constitutional provisions of Articles 14, 19, 31(c), 39(b), and 39(c)

Article 14: Right to Equality

• Guarantees equality before the law and equal protection of the law to all persons within the territory of India.
• Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Ensures equal opportunity in matters of public employment and prevents discrimination in access to public places.

Article 19: Right to Freedom

• Provides six freedoms to citizens, including freedom of speech and expression, assembly, association, movement, residence, and profession, occupation, trade, or business.
• Subject to reasonable restrictions imposed by the state in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, or morality, or contempt of court, defamation, or incitement to an offence.

Article 31(c): Saving of Laws Providing for Acquisition of Estates, etc.

• Specifies that laws enacted to implement the Directive Principles of State Policy enumerated in clauses (b) and (c) of Article 39 cannot be invalidated because they contravene the Fundamental Rights guaranteed by Articles 14 and 19.
• Gives precedence to certain DPSPs over specific Fundamental Rights, particularly those related to property rights.

Article 39(b): Principles of Policy to be followed by the State

• Directs the state to ensure that the ownership and control of material resources of the community are so distributed as to best serve the common good.
• Promotes equitable distribution of resources and prevents the concentration of wealth in a few hands.

Article 39(c): Principles of Policy to be followed by the State

• Requires the state to direct its policies towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
• Emphasizes the prevention of the concentration of wealth and the equitable distribution of economic resources for the common good.

7. The Way Forward

A transparent and inclusive approach to addressing the issues surrounding Article 31(c) will be essential to uphold the integrity of the Constitution, safeguard individual rights, and promote the socio-economic welfare of all citizens. By engaging in informed discourse and collaborative decision-making, stakeholders can contribute to strengthening India's constitutional framework and advancing the principles of justice, equality, and democratic governance.

Source: The Indian Express