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The Directive Principles of State Policy (DPSP) are a set of guidelines or principles enshrined in Part IV (Articles 36 to 51) of the Constitution of India. They aim at ensuring socio-economic justice to the people and establishing India as a welfare state. They are not legally enforceable by the courts, but they are fundamental in the governance of the country and the state is duty-bound to apply them in making laws and policies.
The DPSP are derived from various sources, such as the Irish Constitution, the Spanish Constitution, the Gandhian philosophy, the socialist ideology, and the western liberal thought.
They reflect the vision and aspirations of the founding fathers of the Indian Constitution and the ideals of the national movement.
Here, we will discuss the following aspects of the DPSP:
Constitutional Provisions
Features of DPSP
Nature of DPSP
Classification of DPSP
Socialist Principles
Gandhian Principles
Western Liberal Principles
Uniform Civil Code
DPSP Outside Part IV
Amendments to the DPSP
Difference between Fundamental Rights and DPSP
Cases Related to Fundamental Rights and DPSP
Implementation of DPSP
Criticism of DPSP
Prelims and Mains Questions with Answers
Constitutional Provisions
The constitutional provisions related to the DPSP are as follows:
Article 36 defines the state as the same as in Part III (Fundamental Rights).
Article 37 states that the DPSP are not enforceable by any court, but they are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
Article 38 directs the state to strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
Article 39 lays down certain principles of policy to be followed by the state, such as adequate means of livelihood, equitable distribution of resources, prevention of concentration of wealth, equal pay for equal work, protection of workers, and prevention of exploitation of children and youth.
Article 39A mandates the state to provide free legal aid and ensure equal justice and opportunity for all.
Article 40 directs the state to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Article 41 requires the state to make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
Article 42 enjoins the state to make provision for securing just and humane conditions of work and for maternity relief.
Article 43 obliges the state to endeavour to secure to all workers, agricultural, industrial or otherwise, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities.
Article 43A empowers the state to take steps to secure the participation of workers in the management of industries.
Article 43B directs the state to promote co-operative societies.
Article 44 urges the state to secure for the citizens a uniform civil code throughout the territory of India.
Article 45 directs the state to provide early childhood care and education for all children until they complete the age of six years.
Article 46 instructs the state to promote the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
Article 47 imposes on the state the duty to raise the level of nutrition and the standard of living of its people and to improve public health.
Article 48 directs the state to organise agriculture and animal husbandry on modern and scientific lines and to prohibit the slaughter of cows and calves and other milch and draught cattle.
Article 48A mandates the state to protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 49 imposes on the state the obligation to protect every monument or place or object of artistic or historic interest declared by or under law made by Parliament to be of national importance from spoliation, disfigurement, destruction, removal, disposal or export.
Article 50 requires the state to take steps to separate the judiciary from the executive in the public services of the state.
Article 51 enjoins the state to foster respect for international law and treaty obligations, to promote international peace and security, to maintain just and honourable relations with other nations, to encourage settlement of international disputes by arbitration, to renounce the use of nuclear weapons, and to strive towards the abolition of war.
Features of DPSP
The main features of the DPSP are as follows:
They are non-justiciable, which means they are not legally enforceable by the courts for their violation. However, the Supreme Court has held that they are not mere pious declarations, but they have a binding effect on the state and the courts can issue directions or orders for their implementation in certain cases.
They are fundamental in the governance of the country, which means they are essential for the attainment of the objectives of the Constitution and the establishment of a welfare state. They also serve as a check on the arbitrary exercise of power by the state and a guide for the interpretation of the Constitution and other laws.
They are flexible, which means they can be amended or modified by the Parliament by a simple majority of its total membership and a majority of not less than two-thirds of the members present and voting. They can also be added, deleted or altered by a constitutional amendment under Article 368.
They are comprehensive, which means they cover a wide range of topics and issues relating to the social, economic and political aspects of the nation. They also reflect the diversity and complexity of the Indian society and the aspirations and ideals of the people.
They are harmonious, which means they are not contradictory or inconsistent with each other or with the Fundamental Rights. They are complementary and supplementary to each other and aim at achieving a balance between the individual rights and the social welfare.
Nature of DPSP
The nature of the DPSP can be understood from the following points:
They are positive obligations on the state, which means they impose a duty on the state to take affirmative action and adopt measures to fulfil the goals and values embodied in them. They are not negative or prohibitive in nature, unlike the Fundamental Rights, which put limitations on the state.
They are aspirational and visionary, which means they express the hopes and desires of the people and the vision and ideals of the Constitution-makers. They are not static or rigid, but dynamic and progressive, and they evolve with the changing needs and circumstances of the society.
They are political and moral, which means they are based on the political and moral philosophy of the Constitution and the principles of natural justice and human dignity. They are not legal or technical, but ethical and humanitarian, and they appeal to the conscience and wisdom of the state and the people.
They are supplementary and ancillary, which means they are not independent or self-contained, but dependent and ancillary to the other provisions of the Constitution and the laws made by the state. They are not exhaustive or exclusive, but illustrative and inclusive, and they do not exclude the possibility of other principles or policies being adopted by the state.
Classification of DPSP
The DPSP can be classified into three categories on the basis of their ideological source and objectives. These are:
Socialist Principles: These principles aim at establishing a socialistic pattern of society, where there is no exploitation of man by man and where there is social and economic justice for all. They are inspired by the socialist ideology and the principles of democratic socialism. They include Articles 38, 39, 39A, 41, 42, 43, 43A and 47.
Gandhian Principles: These principles aim at promoting the Gandhian philosophy and the ideals of the national movement, such as village self-government, prohibition, protection of cow and other animals, promotion of cottage industries, upliftment of the weaker sections, etc. They are inspired by the teachings and thoughts of Mahatma Gandhi and the Gandhian way of life. They include Articles 40, 43, 46, 47 and 48.
Western Liberal Principles: These principles aim at securing the western liberal values and the principles of natural law, such as individual liberty, equality, fraternity, human rights, international peace, etc. They are inspired by the western liberal thought and the principles of natural justice. They include Articles 44, 45, 48A, 49, 50 and 51.
Socialist Principles
The socialist principles are those principles that aim at establishing a socialistic pattern of society, where there is no exploitation of man by man and where there is social and economic justice for all. They are inspired by the socialist ideology and the principles of democratic socialism. They include the following articles:
Article 38: It directs the state to strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all the institutions of the national life. It also directs the state to minimise the inequalities in income, status, facilities and opportunities among individuals and groups of people residing in different areas or engaged in different vocations. This article reflects the constitutional commitment to the goal of social and economic democracy and the welfare of the people. It also implies that the state should adopt policies and measures that are conducive to the common good and the public interest, and that are not biased or discriminatory towards any section of the society. Some examples of the implementation of this article are:
The enactment of various laws and schemes for the protection and empowerment of the weaker sections of the society, such as the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, the National Rural Employment Guarantee Act, 2005, the Right to Education Act, 2009, etc.
The adoption of various policies and programmes for the promotion and development of the backward and rural areas, such as the Backward Regions Grant Fund, the Pradhan Mantri Gram Sadak Yojana, the Bharat Nirman, etc.
The establishment of various commissions and institutions for the redressal and monitoring of the issues and grievances of the people, such as the National Human Rights Commission, the National Commission for Women, the National Commission for Minorities, etc.
Article 39: It lays down certain principles of policy to be followed by the state, such as:
The state shall secure that the citizens, men and women equally, have the right to an adequate means of livelihood. This means that the state should ensure that every citizen has access to the basic necessities of life, such as food, clothing, shelter, health, education, etc. It also means that the state should provide opportunities and facilities for the employment and self-employment of the people, and that the state should prevent unemployment and underemployment. Some examples of the implementation of this principle are:
The enactment of various laws and schemes for the provision and regulation of the minimum wages, such as the Minimum Wages Act, 1948, the Code on Wages, 2019, etc.
The adoption of various policies and programmes for the generation and enhancement of the employment and livelihood opportunities, such as the Skill India Mission, the Make in India Initiative, the Startup India Scheme, etc.
The establishment of various boards and corporations for the welfare and development of the workers and the labourers, such as the Employees’ State Insurance Corporation, the Employees’ Provident Fund Organisation, the Central Board for Workers’ Education, etc.
The state shall distribute its ownership and control of the material resources of the community so as to best subserve the common good. This means that the state should ensure that the natural and human-made resources of the country are not monopolised or concentrated in the hands of a few individuals or groups, but are equitably and rationally distributed among the people. It also means that the state should regulate and control the production, distribution and consumption of the resources in such a way that they are utilised for the benefit and welfare of the society. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the prevention and restriction of the concentration of wealth and economic power, such as the Monopolies and Restrictive Trade Practices Act, 1969, the Competition Act, 2002, the Insolvency and Bankruptcy Code, 2016, etc.
The adoption of various policies and measures for the nationalisation and public ownership of the key sectors and industries of the economy, such as the banking, insurance, coal, petroleum, railways, etc.
The establishment of various authorities and agencies for the planning and management of the resources and the economy, such as the Planning Commission, the National Development Council, the Reserve Bank of India, etc.
The state shall prevent the concentration of wealth and means of production to the common detriment. This means that the state should ensure that the wealth and the means of production of the country are not accumulated or controlled by a few individuals or groups, but are fairly and widely distributed among the people. It also means that the state should prevent the misuse or abuse of the wealth and the means of production for the exploitation or oppression of the people. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the taxation and redistribution of the wealth and income, such as the Income Tax Act, 1961, the Wealth Tax Act, 1957, the Goods and Services Tax Act, 2017, etc.
The adoption of various policies and programmes for the land reforms and the agrarian reforms, such as the abolition of the zamindari system, the ceiling on land holdings, the consolidation of land holdings, the distribution of surplus land, etc.
The establishment of various commissions and tribunals for the adjudication and settlement of the disputes and conflicts related to the wealth and the means of production, such as the Income Tax Appellate Tribunal, the Central Administrative Tribunal, the National Company Law Tribunal, etc.
The state shall ensure equal pay for equal work for both men and women. This means that the state should ensure that there is no discrimination or disparity in the wages or salaries of the workers or employees on the basis of their gender, and that they are paid equally for the same work or work of a similar nature. It also means that the state should promote the principle of gender equality and justice in the sphere of work and employment. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the protection and enforcement of the right to equal pay for equal work, such as the Equal Remuneration Act, 1976, the Payment of Wages Act, 1936, the Maternity Benefit Act, 1961, etc.
The adoption of various policies and measures for the empowerment and advancement of the women workers and employees, such as the National Policy for Women, 2016, the Mahila E-Haat, the Beti Bachao Beti Padhao Scheme, etc.
The establishment of various committees and cells for the prevention and redressal of the sexual harassment and violence against the women workers and employees, such as the Vishakha Committee, the Internal Complaints Committee, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, etc.
The state shall protect the health and strength of workers, men and women, and the tender age of children and ensure that they are not forced by economic necessity to enter vocations unsuited to their age or strength. This means that the state should ensure that the workers and the employees are provided with safe and healthy working conditions and environment, and that they are not subjected to any physical or mental stress or strain. It also means that the state should ensure that the children are not employed or engaged in any hazardous or harmful occupation or activity, and that they are given adequate opportunities for their education and development. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the protection and improvement of the health and safety of the workers and the employees, such as the Factories Act, 1948, the Mines Act, 1952, the Occupational Safety and Health and Working Conditions Code, 2020, etc.
The adoption of various policies and programmes for the prevention and eradication of the child labour and the promotion of the child rights, such as the Child Labour (Prohibition and Regulation) Act, 1986, the National Child Labour Project, the Right of Children to Free and Compulsory Education Act, 2009, etc.
The establishment of various boards and funds for the welfare and assistance of the workers and the employees, such as the Employees’ State Insurance Board, the Employees’ Provident Fund Board, the Building and Other Construction Workers’ Welfare Cess Fund, etc.
The state shall make provision for securing just and humane conditions of work and for maternity relief. This means that the state should ensure that the workers and the employees are treated with dignity and respect, and that they are not exploited or oppressed by the employers or the management. It also means that the state should ensure that the women workers and employees are given adequate facilities and benefits for their maternity and child care, and that they are not discriminated or harassed on the ground of their pregnancy or maternity. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the regulation and improvement of the conditions of work and for the provision of maternity relief, such as the Industrial Disputes Act, 1947, the Trade Unions Act, 1926, the Maternity Benefit Act, 1961, the Code on Social Security, 2020, etc.
The adoption of various policies and measures for the promotion and protection of the rights and interests of the workers and the employees, such as the National Policy on Safety, Health and Environment at Workplace, 2009, the National Policy on Skill Development and Entrepreneurship, 2015, the Pradhan Mantri Matru Vandana Yojana, etc.
The establishment of various committees and councils for the consultation and coordination of the matters related to the conditions of work and the maternity relief, such as the Central Advisory Board, the Central Board of Trustees, the Central Labour Council, etc.
The socialist principles reflect the commitment of the Indian Constitution to the ideals of social and economic democracy and the welfare of the people. They aim at ensuring that the state acts as an agent of social change and transformation and that the benefits of development reach the masses. They also seek to protect the interests and rights of the workers, the poor, the women, the children and the disadvantaged sections of the society. They are influenced by the socialist movements and experiments in various parts of the world, especially the Soviet Union and the Fabian Society of Britain. They are also in consonance with the Directive Principles of the Universal Declaration of Human Rights, 1948.
Gandhian Principles
The Gandhian principles are those principles that aim at promoting the Gandhian philosophy and the ideals of the national movement, such as village self-government, prohibition, protection of cow and other animals, promotion of cottage industries, upliftment of the weaker sections, etc. They are inspired by the teachings and thoughts of Mahatma Gandhi and the Gandhian way of life. They include the following articles:
Article 40: It directs the state to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Article 43: It directs the state to promote cottage industries on an individual or co-operative basis in rural areas.
Article 46: It instructs the state to promote the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
Article 47: It directs the state to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
Article 48: It directs the state to organise agriculture and animal husbandry on modern and scientific lines and to prohibit the slaughter of cows and calves and other milch and draught cattle.
The Gandhian principles reflect the commitment of the Indian Constitution to the ideals of the freedom struggle and the moral values of the Father of the Nation. They aim at ensuring that the state respects and preserves the cultural and traditional heritage of the country and that the rural and backward areas are not neglected or exploited. They also seek to protect the interests and rights of the farmers, the artisans, the minorities and the oppressed sections of the society. They are influenced by the Gandhian movements and experiments in various parts of the country, such as the Champaran Satyagraha, the Khadi and Village Industries Commission, the Harijan Sevak Sangh, etc. They are also in consonance with the Directive Principles of the International Covenant on Economic, Social and Cultural Rights, 1966.
Western Liberal Principles
The western liberal principles are those principles that aim at securing the western liberal values and the principles of natural law, such as individual liberty, equality, fraternity, human rights, international peace, etc. They are inspired by the western liberal thought and the principles of natural justice. They include the following articles:
Article 44: It urges the state to secure for the citizens a uniform civil code throughout the territory of India. This means that the state should enact a common set of laws governing the personal matters of all the citizens, irrespective of their religion, caste, community, etc. It also means that the state should abolish the existing personal laws based on the religious scriptures and customs, which are often discriminatory and oppressive towards the women and the minorities. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the reform and codification of the personal laws, such as the Hindu Marriage Act, 1955, the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Special Marriage Act, 1954, etc.
The adoption of various policies and measures for the promotion and protection of the secularism and the national integration, such as the National Integration Council, the National Commission for Minorities, the National Foundation for Communal Harmony, etc.
The establishment of various commissions and committees for the examination and recommendation of the uniform civil code, such as the Law Commission of India, the Justice R.M. Sahai Committee, the Justice J.S. Verma Committee, etc.
Article 45: It directs the state to provide early childhood care and education for all children until they complete the age of six years. This means that the state should ensure that every child is given adequate care and attention during the crucial stage of their physical, mental and emotional development. It also means that the state should provide free and compulsory education for all children from the age of six to fourteen years, as per Article 21A. Some examples of the implementation of this principle are:
The enactment of various laws and schemes for the provision and regulation of the early childhood care and education, such as the Integrated Child Development Services Scheme, the National Early Childhood Care and Education Policy, 2013, the Right of Children to Free and Compulsory Education Act, 2009, etc.
The adoption of various policies and programmes for the improvement and expansion of the early childhood care and education, such as the Sarva Shiksha Abhiyan, the Rashtriya Madhyamik Shiksha Abhiyan, the Mid-Day Meal Scheme, etc.
The establishment of various boards and councils for the supervision and coordination of the early childhood care and education, such as the National Council for Teacher Education, the Central Advisory Board of Education, the National Council of Educational Research and Training, etc.
Article 48A: It mandates the state to protect and improve the environment and to safeguard the forests and wildlife of the country. This means that the state should ensure that the natural resources and the biodiversity of the country are conserved and enhanced, and that the ecological balance and the quality of life are maintained and improved. It also means that the state should prevent and control the pollution and the degradation of the environment and the ecosystems. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the protection and improvement of the environment and the forests and wildlife, such as the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, the Wildlife (Protection) Act, 1972, etc.
The adoption of various policies and measures for the promotion and development of the environment and the forests and wildlife, such as the National Environment Policy, 2006, the National Forest Policy, 1988, the National Wildlife Action Plan, 2002, etc.
The establishment of various authorities and agencies for the management and monitoring of the environment and the forests and wildlife, such as the Central Pollution Control Board, the National Green Tribunal, the National Board for Wildlife, etc.
Article 49: It imposes on the state the obligation to protect every monument or place or object of artistic or historic interest declared by or under law made by Parliament to be of national importance from spoliation, disfigurement, destruction, removal, disposal or export. This means that the state should ensure that the cultural and historical heritage of the country is preserved and protected, and that the monuments and places of national importance are not damaged or defaced. It also means that the state should regulate and restrict the trade and export of the antiquities and art treasures of the country. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the protection and preservation of the monuments and places of national importance, such as the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the Antiquities and Art Treasures Act, 1972, the National Monuments Authority, etc.
The adoption of various policies and measures for the promotion and development of the monuments and places of national importance, such as the National Mission on Monuments and Antiquities, the National Heritage City Development and Augmentation Yojana, the Adopt a Heritage Scheme, etc.
The establishment of various bodies and organisations for the conservation and maintenance of the monuments and places of national importance, such as the Archaeological Survey of India, the Indian National Trust for Art and Cultural Heritage, the Aga Khan Trust for Culture, etc.
Article 50: It requires the state to take steps to separate the judiciary from the executive in the public services of the state. This means that the state should ensure that the judicial functions and powers are not exercised or influenced by the executive authorities or agencies, and that the judicial officers and personnel are independent and impartial. It also means that the state should ensure that the administration of justice is efficient and effective, and that the people have access to speedy and fair justice. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the separation and independence of the judiciary from the executive, such as the Code of Criminal Procedure, 1973, the Code of Civil Procedure, 1908, the All India Services Act, 1951, etc.
The adoption of various policies and measures for the improvement and reform of the judiciary and the executive, such as the National Judicial Policy, 2009, the National Litigation Policy, 2010, the e-Courts Project, etc.
The establishment of various commissions and committees for the examination and recommendation of the issues and challenges related to the judiciary and the executive, such as the Law Commission of India, the Malimath Committee, the Justice J.S. Verma Committee, etc.
Article 51: It enjoins the state to foster respect for international law and treaty obligations, to promote international peace and security, to maintain just and honourable relations with other nations, to encourage settlement of international disputes by arbitration, to renounce the use of nuclear weapons, and to strive towards the abolition of war. This means that the state should ensure that the foreign policy and the international relations of the country are based on the principles of international law and morality, and that the country fulfils its obligations and commitments under the various international treaties and conventions. It also means that the state should pursue the goals of world peace and harmony, and that the country should refrain from any aggression or violence against other nations or peoples. Some examples of the implementation of this principle are:
The enactment of various laws and regulations for the implementation and enforcement of the international law and treaty obligations, such as the Geneva Conventions Act, 1960, the United Nations (Security Council) Act, 1947, the Biological Diversity Act, 2002, etc.
The adoption of various policies and measures for the promotion and development of the international peace and security, such as the Panchsheel Principles, the Non-Aligned Movement, the South Asian Association for Regional Cooperation, etc.
The establishment of various bodies and organisations for the participation and cooperation in the international affairs and activities, such as the United Nations, the Commonwealth, the International Court of Justice, etc.
The western liberal principles reflect the commitment of the Indian Constitution to the ideals of the liberal democracy and the rule of law. They aim at ensuring that the state respects and protects the individual liberty, equality and fraternity of the people, and that the country contributes to the global peace and order. They are influenced by the western liberal movements and experiments in various parts of the world, especially the American Revolution and the French Revolution. They are also in consonance with the Directive Principles of the International Covenant on Civil and Political Rights, 1966.
Uniform Civil Code
One of the most important and controversial principles of the western liberal category is the uniform civil code. Article 44 of the Constitution urges the state to secure for the citizens a uniform civil code throughout the territory of India. A uniform civil code means a common set of laws governing the personal matters of all the citizens, irrespective of their religion, caste, community, etc. It would replace the existing personal laws based on the religious scriptures and customs, which are often discriminatory and oppressive towards the women and the minorities.
The main objectives and advantages of the uniform civil code are:
To promote the secularism and the national integration by eliminating the communal and sectarian divisions based on the personal laws.
To ensure the equality and the justice for all the citizens by removing the anomalies and the inequalities in the personal laws.
To empower and protect the rights and interests of the women and the minorities by abolishing the practices and provisions that are unfair and oppressive to them.
To simplify and rationalise the legal system by reducing the multiplicity and complexity of the personal laws.
The main challenges and criticisms of the uniform civil code are:
To respect the diversity and the pluralism of the Indian society and the freedom of religion and conscience of the citizens by accommodating the variations and preferences in the personal matters.
To avoid the imposition and the domination of the majority community or the state over the minority communities or the individuals by ensuring the participation and consultation of all the stakeholders in the formulation and implementation of the uniform civil code.
To balance the individual rights and the social welfare by considering the implications and consequences of the uniform civil code on the family and the society.
To overcome the resistance and the opposition from the religious and the political groups and the vested interests by creating awareness and consensus among the people about the need and the benefits of the uniform civil code.
The issue of the uniform civil code has been debated and discussed for a long time in the country, but it has not been implemented yet. The Supreme Court and the High Courts have repeatedly expressed their views and recommendations in favour of the uniform civil code in various cases, such as the Shah Bano case, the Sarla Mudgal case, the John Vallamattom case, etc. The Law Commission of India has also submitted several reports and suggestions on the subject, such as the 125th Report, the 185th Report, the 211th Report, etc. The government and the Parliament have also taken some steps and initiatives towards the enactment and implementation of the uniform civil code, such as the Constitution (Forty-second Amendment) Act, 1976, the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Special Marriage Act, 1954, etc.
However, the uniform civil code still remains a distant and elusive goal, as there are many legal, social, political and religious hurdles and challenges in the way. The uniform civil code is a complex and sensitive issue that requires a lot of deliberation and dialogue among the various sections and groups of the society. It is also a matter of constitutional and human rights that needs to be addressed with utmost care and caution. The uniform civil code is not a mere legal reform, but a socio-cultural transformation that can have a profound impact on the identity and the dignity of the people and the nation. Therefore, it is essential that the uniform civil code is adopted and implemented in a democratic and progressive manner, with the consent and the cooperation of all the concerned parties, and with the respect and the regard for the diversity and the pluralism of the Indian society.
Amendments to the DPSP
The DPSP are not immutable or sacrosanct, but flexible and amendable. The Parliament can amend or modify the DPSP by a simple majority of its total membership and a majority of not less than two-thirds of the members present and voting. The Parliament can also add, delete or alter the DPSP by a constitutional amendment under Article 368. The DPSP have been amended several times since the inception of the Constitution. Some of the important amendments to the DPSP are:
The Constitution (First Amendment) Act, 1951: It added Article 31A and 31B to the Constitution, which provided that the laws made by the state for the acquisition of property and the implementation of the land reforms shall not be void on the ground of infringement of any of the Fundamental Rights. It also added the Ninth Schedule to the Constitution, which contained a list of such laws that were exempted from the judicial review.
The Constitution (Fourth Amendment) Act, 1955: It amended Article 31 and 31A to extend the scope and application of the state’s power to acquire property and to implement the land reforms. It also added more laws to the Ninth Schedule to protect them from the judicial scrutiny.
The Constitution (Twenty-fifth Amendment) Act, 1971: It amended Article 31 and inserted Article 31C to the Constitution, which provided that the laws made by the state for giving effect to the DPSP contained in Article 39(b) and (c) shall not be void on the ground of contravention of any of the Fundamental Rights. It also provided that the amount fixed by the state for the acquisition of property shall not be questioned in any court.
The Constitution (Forty-second Amendment) Act, 1976: It made the following changes to the DPSP:
It added Article 39A, 43A and 48A to the Constitution, which provided for free legal aid, workers’ participation in management, and protection of environment, respectively.
It amended Article 31C to extend its protection to all the laws made by the state for giving effect to any of the DPSP, and not just Article 39(b) and (c).
It added a new clause (4) to Article 37, which stated that the DPSP shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
It added a new clause (1) to Article 368, which stated that any amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President for his assent and upon such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill.
5. The Constitution (Forty-fourth Amendment) Act, 1978: It made the following changes to the DPSP:
It repealed Article 31 from the Constitution, which dealt with the right to property and the state’s power to acquire property.
It amended Article 31C to restore its original scope and application, i.e., to protect only those laws made by the state for giving effect to Article 39(b) and (c) from the judicial review.
It deleted the clause (4) from Article 37, which stated that the DPSP shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
It deleted the clause (1) from Article 368, which stated that any amendment of the Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President for his assent and upon such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill.
The amendments to the DPSP reflect the changing needs and circumstances of the society and the nation. They also reflect the political and ideological orientations and preferences of the ruling parties and the governments. They aim at strengthening and expanding the scope and application of the DPSP and making them more relevant and effective for the attainment of the constitutional objectives and the welfare of the people. They are also influenced by the judicial pronouncements and the public opinion on the various issues and aspects of the DPSP.
Difference between Fundamental Rights and DPSP
The Fundamental Rights and the DPSP are two important components of the Constitution of India. They both aim at ensuring the dignity and welfare of the people and the nation. However, they differ from each other in many respects. Some of the main differences between the Fundamental Rights and the DPSP are:
The Fundamental Rights are the negative obligations on the state, which means they put limitations on the state’s power and authority, and protect the individual liberty and freedom of the people. The DPSP are the positive obligations on the state, which means they impose a duty on the state to take affirmative action and adopt measures to fulfil the goals and values embodied in them.
The Fundamental Rights are justiciable, which means they are legally enforceable by the courts for their violation. The DPSP are non-justiciable, which means they are not legally enforceable by the courts for their violation. However, the Supreme Court has held that they are not mere pious declarations, but they have a binding effect on the state and the courts can issue directions or orders for their implementation in certain cases.
The Fundamental Rights are rigid, which means they can be amended only by a constitutional amendment under Article 368, which requires a special majority of the Parliament and the ratification by at least half of the states. The DPSP are flexible, which means they can be amended by a simple majority of the Parliament, and no ratification by the states is required.
The Fundamental Rights are static, which means they are fixed and constant, and do not change with the changing needs and circumstances of the society. The DPSP are dynamic, which means they are progressive and evolving, and change with the changing needs and circumstances of the society.
The Fundamental Rights are individualistic, which means they are based on the individual rights and interests of the people, and they sometimes conflict with the social welfare and the public interest. The DPSP are socialistic, which means they are based on the social welfare and the public interest of the people, and they sometimes conflict with the individual rights and interests.
The Fundamental Rights and the DPSP are not contradictory or inconsistent with each other, but complementary and supplementary to each other. They both aim at achieving a balance between the individual rights and the social welfare. The Supreme Court has held that the Fundamental Rights and the DPSP are the two wheels of the same chariot, and that they should be harmonised and reconciled in such a way that they do not hamper or hinder each other, but help and support each other. The Supreme Court has also evolved the doctrine of the basic structure of the Constitution, which states that the Parliament cannot amend the Constitution in such a way that it destroys or abrogates the essential features or the basic elements of the Constitution, such as the Fundamental Rights, the DPSP, the federalism, the secularism, the democracy, the rule of law, etc.
Cases Related to Fundamental Rights and DPSP
The relationship between the Fundamental Rights and the DPSP has been a subject of judicial interpretation and adjudication in various cases. The Supreme Court and the High Courts have tried to resolve the conflicts and contradictions between the two sets of constitutional provisions and to harmonise and reconcile them in the light of the constitutional objectives and values. Some of the landmark cases related to the Fundamental Rights and the DPSP are:
State of Madras v. Champakam Dorairajan (1951): This was the first case that dealt with the issue of the Fundamental Rights and the DPSP. The Supreme Court held that the Fundamental Rights are superior and paramount to the DPSP, and that the state cannot make any law or policy that violates or abridges any of the Fundamental Rights, even if it is for giving effect to any of the DPSP. The Supreme Court struck down the state government’s order that fixed the communal quotas for admission to the medical and engineering colleges, as it violated the right to equality under Article 14 and 15 of the Constitution.
Golaknath v. State of Punjab (1967): This was the case that challenged the validity of the First and the Seventeenth Amendments to the Constitution, which added more laws to the Ninth Schedule to protect them from the judicial review. The Supreme Court held that the Parliament cannot amend the Fundamental Rights, as they are inviolable and sacrosanct, and that the Fundamental Rights have primacy over the DPSP. The Supreme Court also held that the Ninth Schedule is not a valid device to protect the laws that infringe the Fundamental Rights, and that the courts can examine the validity of such laws on the ground of the violation of the Fundamental Rights.
Kesavananda Bharati v. State of Kerala (1973): This was the case that reviewed the validity of the Twenty-fourth, Twenty-fifth and Twenty-ninth Amendments to the Constitution, which made several changes to the Fundamental Rights and the DPSP. The Supreme Court held that the Parliament can amend any part of the Constitution, including the Fundamental Rights, but it cannot alter or destroy the basic structure or the basic features of the Constitution, such as the supremacy of the Constitution, the democratic form of government, the secular character of the state, the separation of powers, the judicial review, etc. The Supreme Court also held that the Fundamental Rights and the DPSP are both essential for the achievement of the constitutional goals, and that they should be harmonised and balanced in such a way that they do not nullify or negate each other.
Minerva Mills v. Union of India (1980): This was the case that challenged the validity of the Forty-second Amendment to the Constitution, which made several changes to the Fundamental Rights and the DPSP. The Supreme Court held that the Parliament cannot amend the Constitution in such a way that it destroys or abrogates the essential features or the basic elements of the Constitution, such as the Fundamental Rights, the DPSP, the federalism, the secularism, the democracy, the rule of law, etc. The Supreme Court also held that the harmony and balance between the Fundamental Rights and the DPSP is an essential feature of the basic structure of the Constitution, and that the state cannot give absolute primacy to the DPSP over the Fundamental Rights.
Unnikrishnan v. State of Andhra Pradesh (1993): This was the case that dealt with the issue of the right to education as a Fundamental Right and a DPSP. The Supreme Court held that the right to education is a Fundamental Right under Article 21 of the Constitution, which guarantees the right to life and personal liberty, and that it is also a DPSP under Article 41 and 45 of the Constitution, which direct the state to provide education and public assistance to the people. The Supreme Court also held that the state is obliged to provide free and compulsory education to all the children up to the age of 14 years, and that the private educational institutions cannot charge exorbitant fees or donations from the students.
These cases illustrate the evolution and development of the judicial approach and attitude towards the Fundamental Rights and the DPSP. They also show the role and the contribution of the judiciary in the interpretation and implementation of the Fundamental Rights and the DPSP. They reflect the judicial activism and creativity in the protection and promotion of the constitutional objectives and values. They also highlight the challenges and the difficulties in the reconciliation and harmonisation of the Fundamental Rights and the DPSP.
Implementation of DPSP
The implementation of the DPSP is the responsibility and the duty of the state, which includes the executive, the legislature and the judiciary. The state is expected to apply the principles and policies laid down in the DPSP in making laws and policies and in administering justice. The state is also expected to take positive and progressive steps to fulfil the goals and values embodied in the DPSP and to ensure the welfare and well-being of the people and the nation.
The executive is the organ of the state that implements the laws and policies made by the legislature and that carries out the administration and the governance of the country. The executive is also the organ of the state that formulates and executes the foreign policy and the international relations of the country. The executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers, the Attorney General, the Governors, the Chief Ministers, the Council of Ministers at the state level, etc. The executive plays a vital role in the implementation of the DPSP by:
Initiating and introducing the bills and the proposals for the enactment and amendment of the laws and the policies that are in accordance with the DPSP.
Allocating and utilising the financial and the human resources for the execution and the enforcement of the laws and the policies that are based on the DPSP.
Appointing and supervising the various authorities and agencies that are responsible and accountable for the management and the monitoring of the laws and the policies that are derived from the DPSP.
Reporting and reviewing the progress and the performance of the laws and the policies that are aimed at giving effect to the DPSP.
The legislature is the organ of the state that makes and amends the laws and the policies for the governance and the regulation of the country. The legislature also represents and reflects the will and the opinion of the people and the nation. The legislature consists of the Parliament at the central level and the State Legislatures at the state level. The Parliament comprises of the President, the Rajya Sabha and the Lok Sabha. The State Legislatures comprise of the Governor, the Legislative Council and the Legislative Assembly. The legislature plays a vital role in the implementation of the DPSP by:
Enacting and amending the laws and the policies that are in conformity and harmony with the DPSP.
Debating and discussing the issues and the matters related to the DPSP and the laws and the policies based on them.
Scrutinising and examining the bills and the proposals for the enactment and amendment of the laws and the policies that are influenced by the DPSP.
Approving and ratifying the treaties and the agreements that are relevant and related to the DPSP.
The judiciary is the organ of the state that interprets and applies the laws and the policies made by the legislature and the executive and that administers and delivers the justice to the people and the nation. The judiciary also protects and enforces the rights and the duties of the people and the state and that maintains and upholds the supremacy and the sanctity of the Constitution. The judiciary consists of the Supreme Court, the High Courts and the Subordinate Courts. The Supreme Court is the highest court of the country and the final interpreter and guardian of the Constitution. The High Courts are the highest courts of the states and the territories and the superintendents of the Subordinate Courts. The Subordinate Courts are the lower courts of the districts and the towns and the villages. The judiciary plays a vital role in the implementation of the DPSP by:
Interpreting and applying the DPSP and the laws and the policies based on them in the light of the constitutional objectives and values.
Adjudicating and settling the disputes and the conflicts arising out of the DPSP and the laws and the policies derived from them.
Issuing and enforcing the directions and the orders for the implementation and the compliance of the DPSP and the laws and the policies influenced by them.
Reviewing and invalidating the laws and the policies that are inconsistent or incompatible with the DPSP and the Constitution.
The implementation of the DPSP is not only the responsibility and the duty of the state, but also the right and the duty of the people and the nation. The people and the nation are the ultimate beneficiaries and the stakeholders of the DPSP and the laws and the policies based on them. The people and the nation are also the sources and the forces of the DPSP and the laws and the policies derived from them. The people and the nation play a vital role in the implementation of the DPSP by:
Participating and engaging in the formulation and the execution of the laws and the policies that are in accordance with the DPSP.
Supporting and cooperating with the state and its organs and agencies in the implementation and the enforcement of the laws and the policies that are based on the DPSP.
Monitoring and evaluating the progress and the performance of the laws and the policies that are aimed at giving effect to the DPSP.
Demanding and claiming the rights and the benefits that are guaranteed and provided by the DPSP and the laws and the policies influenced by them.
Criticism of DPSP
The DPSP are not free from criticism and controversy. They have been subjected to various criticisms and objections from different quarters and perspectives. Some of the main criticisms of DPSP are:
They are vague and ambiguous, which means they are not clear and precise, and they leave a lot of scope for interpretation and discretion. They are also not consistent and coherent, and they sometimes contradict or overlap with each other or with the Fundamental Rights.
They are non-justiciable, which means they are not legally enforceable by the courts for their violation. They are also not binding on the state, and they depend on the will and the whim of the state and its organs and agencies for their implementation and enforcement.
They are unrealistic and utopian, which means they are not practical and feasible, and they do not take into account the ground realities and the constraints of the society and the nation. They are also not achievable and attainable, and they set very high and idealistic standards and expectations for the state and the people.
They are biased and partial, which means they are not neutral and impartial, and they favour or disfavour certain sections or groups of the society and the nation. They are also not inclusive and representative, and they exclude or ignore the diversity and the pluralism of the Indian society and the nation.
The criticism of the DPSP does not mean that they are useless or worthless. They are still very important and valuable for the Indian Constitution and the Indian polity. They are the guiding principles and the policy directives for the state and the people. They are the expression of the constitutional objectives and values. They are the reflection of the vision and the aspirations of the Constitution-makers and the people. They are the instruments of social change and transformation. They are the indicators of the progress and the performance of the state and the nation. They are the sources and the forces of the constitutional development and evolution. Therefore, they deserve due respect and regard from the state and the people, and they should be implemented and enforced in a sincere and effective manner.
Prelims Questions
Q.) Which of the following statements is/are correct regarding the DPSP?
(a) They are legally enforceable by the courts for their violation.
(b) They are fundamental in the governance of the country and the state is duty-bound to apply them in making laws.
(c) They can be amended by a simple majority of the Parliament.
(d) They are derived from the Irish Constitution.
Select the correct answer using the code given below:
(A) (a) and (b) only
(B) (b) and (c) only
(C) (c) and (d) only
(D) (b), (c) and (d) only
Answer: (D) (b), (c) and (d) only
Explanation:
The DPSP are not legally enforceable by the courts for their violation, but they are fundamental in the governance of the country and the state is duty-bound to apply them in making laws. They can be amended by a simple majority of the Parliament, and they are derived from the Irish Constitution.
Q.) Which of the following articles of the Constitution deals with the uniform civil code as a DPSP?
(A) Article 43
(B) Article 44
(C) Article 45
(D) Article 46
Answer: (B) Article 44
Explanation:
Article 44 of the Constitution urges the state to secure for the citizens a uniform civil code throughout the territory of India.
Q.) Which of the following amendments to the Constitution added new DPSP to the existing list?
(a) The Constitution (First Amendment) Act, 1951
(b) The Constitution (Forty-second Amendment) Act, 1976
(c) The Constitution (Forty-fourth Amendment) Act, 1978
(d) The Constitution (Eighty-sixth Amendment) Act, 2002
Select the correct answer using the code given below:
(A) (a) and (b) only
(B) (b) and (c) only
(C) (a), (b) and (c) only
(D) (a), (b), (c) and (d) only
Answer: (A) (a) and (b) only
Explanation:
The Constitution (First Amendment) Act, 1951 added Article 31A and 31B to the Constitution, which provided that the laws made by the state for the acquisition of property and the implementation of the land reforms shall not be void on the ground of infringement of any of the Fundamental Rights. The Constitution (Forty-second Amendment) Act, 1976 added Article 39A, 43A and 48A to the Constitution, which provided for free legal aid, workers’ participation in management, and protection of environment, respectively. The Constitution (Forty-fourth Amendment) Act, 1978 repealed Article 31 from the Constitution, which dealt with the right to property and the state’s power to acquire property. The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21A to the Constitution, which made the right to education a Fundamental Right for the children of the age of six to fourteen years. It did not add any new DPSP to the existing list.
Mains Questions
Q.) Discuss the significance and the challenges of the uniform civil code as a DPSP in the Indian context. (15 marks)
Answer:
The uniform civil code is one of the most important and controversial DPSP in the Indian context. It is a common set of laws governing the personal matters of all the citizens, irrespective of their religion, caste, community, etc. It would replace the existing personal laws based on the religious scriptures and customs, which are often discriminatory and oppressive towards the women and the minorities.
The significance of the uniform civil code as a DPSP in the Indian context are:
It would promote the secularism and the national integration by eliminating the communal and sectarian divisions based on the personal laws.
It would ensure the equality and the justice for all the citizens by removing the anomalies and the inequalities in the personal laws.
It would empower and protect the rights and interests of the women and the minorities by abolishing the practices and provisions that are unfair and oppressive to them.
It would simplify and rationalise the legal system by reducing the multiplicity and complexity of the personal laws.
The challenges of the uniform civil code as a DPSP in the Indian context are:
It would require the respect and the accommodation of the diversity and the pluralism of the Indian society and the freedom of religion and conscience of the citizens.
It would face the resistance and the opposition from the religious and the political groups and the vested interests who may perceive it as a threat to their identity and autonomy.
It would entail the balance and the trade-off between the individual rights and the social welfare, and the implications and consequences of the uniform civil code on the family and the society.
It would demand the participation and the consultation of all the stakeholders and the consensus and the cooperation of all the concerned parties in the formulation and implementation of the uniform civil code.
The uniform civil code is a complex and sensitive issue that requires a lot of deliberation and dialogue among the various sections and groups of the society. It is also a matter of constitutional and human rights that needs to be addressed with utmost care and caution. The uniform civil code is not a mere legal reform, but a socio-cultural transformation that can have a profound impact on the identity and the dignity of the people and the nation. Therefore, it is essential that the uniform civil code is adopted and implemented in a democratic and progressive manner, with the consent and the cooperation of all the concerned parties, and with the respect and the regard for the diversity and the pluralism of the Indian society.
Q.) Analyse the role and contribution of the judiciary in the interpretation and implementation of the DPSP in the Indian context. (15 marks)
Answer:
The judiciary is the organ of the state that interprets and applies the laws and the policies made by the legislature and the executive and that administers and delivers the justice to the people and the nation. The judiciary also protects and enforces the rights and the duties of the people and the state and that maintains and upholds the supremacy and the sanctity of the Constitution. The judiciary plays a vital role in the interpretation and implementation of the DPSP in the Indian context by:
Interpreting and applying the DPSP and the laws and the policies based on them in the light of the constitutional objectives and values. The judiciary has given a broad and liberal interpretation to the DPSP and has tried to harmonise and reconcile them with the Fundamental Rights and the other constitutional provisions. The judiciary has also recognised the DPSP as the guiding principles and the policy directives for the state and the people, and has held that they are not mere pious declarations, but they have a binding effect on the state and the courts.
Adjudicating and settling the disputes and the conflicts arising out of the DPSP and the laws and the policies derived from them. The judiciary has resolved the various issues and challenges related to the DPSP and the laws and the policies based on them, such as the right to property, the uniform civil code, the right to education, the protection of environment, etc. The judiciary has also issued and enforced the directions and the orders for the implementation and the compliance of the DPSP and the laws and the policies influenced by them.
Reviewing and invalidating the laws and the policies that are inconsistent or incompatible with the DPSP and the Constitution. The judiciary has exercised the power of judicial review to examine the validity and the constitutionality of the laws and the policies made by the state for giving effect to the DPSP. The judiciary has also struck down or modified the laws and the policies that are violative or derogatory of the DPSP and the Constitution.
The judiciary has been an active and creative agent of the constitutional development and evolution in the Indian context. The judiciary has also been a catalyst and a facilitator of the social change and transformation in the Indian context. The judiciary has contributed to the protection and promotion of the constitutional objectives and values in the Indian context. The judiciary has played a vital role in the interpretation and implementation of the DPSP in the Indian context.
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