Dpsp&duties
Dpsp&duties
The DPSPs are mentioned in Part IV of the constitution from Article 36 to 51. This
concept is derived from the Irish constitution which was inspired from Spanish
constitution. While most of the fundamental rights are negative obligations on the state,
DPSPs are positive obligations on the state, though non-enforceable in a court of law.
DPSP along with the fundamental rights are the soul of the constitution.
They are described as ‘instrument of instructions’ which remind the authorities
in Indian Union of the new socio-economic order.
Directive Principles of State Policy are considered fundamental in the governance
of the country. They guide the formulation of policies and laws by the government
and are taken into consideration by the legislature while enacting laws. Over the
years, many judicial decisions and legislative measures have been influenced by
the spirit of the directive principles.
They constitute a comprehensive economic, social and political programme for a
modern democratic state. Article 37 of the Indian Constitution States about the
application of the Directive Principles, which emphasize on the concept of
‘welfare state’.
The directives supplement the fundamental rights by filling in the vacuum in Part
III by providing for social and economic rights.
They enable the opposition to question the ruling party on the grounds that its
activities are opposed to the directives. In this way, they serve as a test for the
performance of the government.
They serve as a common political manifesto. A ruling party, irrespective of its
political ideology has to recognice these principles as its guide in the legislative
and executive acts.
CLASSIFICATION OF THE DPSPs: The Directive Principles are classified on the basis
of their ideological source and objectives. These are Directives based on-:
➢ Socialist Principles
Article 38- The State shall strive to promote the welfare of the people by
securing a social order permeated by justice-social, economic and political
and to minimise inequalities in income, status, facilities and opportunities.
Article 39- To secure (a) the right to adequate means of livelihood for all
citizens, (b) the equitable distribution of material resources of the
community for the common good; (c) avoid concentration of wealth and
means of production; (d) equal pay for equal work for men and women (e)
preservation of the health and strength of workers and children against
forcible abuse; and (f) opportunities for healthy development of children.
Article 39A- To promote equal justice and to provide free legal aid to the
poor.
Article 41- To secure the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disabilement.
Artcile 42- The State shall make provisions for securing just and humane
conditions of work and for maternity relief.
Article 43- The State shall endeavour to secure to all workers a living wage
and a decent standard of life.
Article 43A- The State shall take steps to secure the participation of
workers in the management of industries.
Article 47- To raise the level of nutrition and the standard of living of
people and to improve public health.
➢ Gandhian Principles
Article 40- The State shall endow village panchayats with necessary
powers to organise as units of self government.
Article 43- The State shall endeavour to promote cottage industries on an
individual or cooperative basis in rural areas.
Article 43B- To promote voluntary formation, autonomous functioning,
democratic control and professional management of cooperative societies.
Article 46- The State shall promote educational and economic interests of
the weaker sections of the people particularly that of the SCs, STs and other
weaker sections.
Article 47- The State shall take steps to improve public health and prohibit
consumption of intoxicating drinks and drugs that are injurious to health.
Article 48- To prohibit the slaughter of cows, calves and other milch and
draught cattle and to improve their breeds.
➢ Liberal-Intellectual principles
Artcile 44- The State shall endeavour to secure for the citizen a Uniform
Civil Code through the territory of India.
Article 45- To provide early childhood care and education for all children
until they complete the age of six years.
Article 48- To organise agriculture and animal husbandry on modern and
scientific lines.
Article 48A- To protect and improve the environment and to safeguard
the forests and wildlife of the country.
Article 49- The State shall protect monuments, places and objects of
artistic or historical importance.
Article 50- The State shall take steps to separate judiciary from the
executive in the public services of the State.
Article 51- To promote international peace and security, the State shall
(a)maintain just and honourable relations between nations, (b)foster respect
for international law and treaty obligations, and (c) encourage settlement of
international disputes by arbitration.
➔ Amendments in DPSP:
42nd Amendment Act, 1976 added four new directive principles- Article
39, Article 39A, Article 43A, and Article 48A.
44th Amendment Act 1978 created a new DPSP under Article 38, which
mandates the State to minimize inequalities in income, status, facilities, and
opportunities.
86th Amendment Act, 2002 changed subject matter of Artcile 45, and
made basic education a fundamental right under Article 21A.
97th Amendment Act, 2011 created a new DPSP for cooperative societies
under Article 43B.
➔ Criticisms of the Directive Principles:
● DPSPs are criticised mainly due to its non-justiciable nature which
seem to be superfluous.
● The directives are in an illogical manner nor they adhere to a
constant philosophy. Critics argue that these mix some unimportant
issues with the socio-economically important ones.
● Sir Ivor Jennings showed that the directives are based on the political
philosophy of 19th century England. He questioned the suitability of it
in 21st century India. There are probabilities that they might be
outmoded.
● K Santhanam pointed out that the directives can lead to
constitutional conflict i.e, (i) between the Centre and states, (ii)
between President and Prime Minister and, (iii) between governor and
chief minister.
➔ Cases related to conflict between Fundamnetal Rights & Directive
Principles:
1. Champakam Dorairajan vs the State of Madras, 1951: The Supreme Court
ruled that in case of any conflict between the Fundamental Rights and
the Directive Principles, the former would prevail.
○ It declared that the Directive Principles have to conform to and
run as subsidiary to the Fundamental Rights.
○ It also held that the fundamental rights could be amended by the
Parliament by enacting constitutional amendment acts.
2. Golaknath vs the State of Punjab, 1967: The Supreme Court declared that
Fundamental Rights could not be amended by the Parliament even
for implementation of Directive Principles.
○ It was contradictory to its own judgement in the ‘Shankari
Prasad case’.
3. Kesavananda Bharati vs the State of Kerala, 1973: SC overruled Golak
Nath (1967) verdict and declared that Parliament can amend any part
of the Constitution but it cannot alter its ‘basic structure’.
○ Right to Property (Article 31) was eliminated from the list of
Fundamental Rights.
4. Minerva Mills vs the Union of India, 1980: SC reiterated that Parliament
can amend any part of the Constitution but it cannot change the ‘basic
structure’ of the Constitution.
➔ Implementation of Directive Principles:
1. Planning Commission was established in 1950 for a planned development
in the country. The Five-Year Plans aimed to secure socio-economic
justice and reducing inequalities based on income, status and
opportunities. In 2015, Planning Commission was replaced by NITI
Aayog.
2. Almost all the states have passed land reform laws to bring changes in
the agrarian society and to improve the conditions of the rural masses.
These measures include: (i) Abolition of intermediaries like zamindars,
jagirdars, inamdars, etc. (ii) Tenancy reforms like security of tenure, fair
rents, etc., (iii) Imposition of ceilings on land holding , (iv) Distribution
of surplus land among the landless labourers; and (v) Cooperative
farming.
3. The Minimum Wages Act (1948), Code on Wages 2020, Contract Labour
Regulation and Abolition Act 1970, Child Labour Prohibition and
Regulation Act 1986 (renamed as the Child and Adolescent Labour
Prohibition and Regulation Act, 1986 in 2016), Bonded Labour System
Abolition Act (1976), Mines and Minerals (Development and Regulation)
Act (1957), Maternity Benefit Act (1961) and the Equal Remuneration
Act (1976) have been made to protect the interests of the labour sections
and women workers as well.
4. 73rd Constitutional Amendment Act, 1992- government fulfilled
constitutional obligation stated in Article 40. Three tier ‘Panchayati Raj
System’ was introduced at the village, block and district level in most
parts of the country.
5. According to Article 43, for the promotion of cottage industry, the
government has established various boards like Khadi and Village
Industries Commission, All India Handicraft Board, Silk Board, Coir
Board, etc., which provide essential help to cottage industries in finance
and marketing.
6. The Community Development Programme (1952), Hill area Development
programme (1960), Drought-Prone Area Programme (1973), Integrated
Rural Development Programme (1978-79), Jawahar Rozgar Yoajana
(1989), Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA-2006) and so on have been launched to raise the standard of
living particularly in rural areas.
7. The Wildlife (Protection) Act, 1972, Forest (Conservation) Act, 1980 and
the Environment (Protection) Act, 1986 have been enacted to safeguard
the wildlife and the forests respectively. The Water and Air Pollution
Control Acts have provided for the establishment of the Central Pollution
Control Board, which are engaged in protection and improvement of
environment.
8. Government has implemented provisions related to free and compulsory
education as per Article 45. Introduced by the 86th Constitutional
Amendment and passed the Rights to Education Act 2009, elementary
education has been accepted as Fundamental Right of each child between
the 6 to 14 years of age.
9. The Ancient and Historical Monument and Archaeological Sites and
Remains Act (1951) has been enacted to protect the monuments, places
and objects of national importance.
10. Central Government sponsored schemes like Pradhan Mantri Gram
Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM)
are being implemented to fulfill the social sector responsibility of the
Indian State.
FUNDAMENTAL DUTIES
For a responsible citizen, the rights and duties are of equal importance and these two are
correlated. The duties require us to adhere to the laws of land and fulfill the legal
obligations. However, initially the constitution included fundamental rights without the
fundamental duties as the framers of the constitution did not feel the necessity of
incorporating the duties. The duties of the state was included in form of DPSP and in
1976, fundamental duties were added in the constitution. The fundamental duties are
inspired from the constitution of then USSR.
A. To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem;
B. To cherish and follow the noble ideals that inspired the national struggle
for freedom;
D. To defend the country and render national service when called upon to do
so;
F. To value and preserve the rich heritage of the country’s composite culture;
● The fundamental futies include both moral and civic obligations. They
include responsibilities such as cherishing the noble ideals of the freedom
struggle a moral duty and respecting the constitution, national flag, and
national anthem is a civic duty.
● Duties are derived from values which have been a part of Indian tradition,
mythology, religions, and practices. For example, the duty to renounce
practices derogatory to the dignity of women has been rooted in the Indian
tradition for ages.
● Similar to the DPSP, the fundamental duties are placed in Part IVA of the
constitution.
➔ Significance of Fundamental Duties: The then PM, Indira Gandhi, justified that
the inclusion of fundamental duties in the constitution will help to strengthen
democracy. According to her, the moral value of fundamental duties lies in
establishing a democratic balance by making individuals equally conscious of their
duties as they are of their rights, without suppressing the importance of rights
themselves. The duties act as reminders to the citizens that while enjoying their
rights, they should also be conscious of their duties towards their country, society,
and fellow citizens.
The list of duties does not include other important duties like paying taxes,
family planning, etc. Some recommendations by the Sawarn Singh
Committee like duty to pay taxes was not accepted by the Congress party.
★ The rights and duties are complementary to each other and are inseparable.
For instance, Article 21 guarantees the ‘right to education’, while Article
51A (k) imposes the duty on parents and guardians to provide free and
compulsory education for children aged 6-14 years.
★ People sometimes focus on their rights while ignoring their duties. For
example, in the name of the ‘right to freedom of speech’, people involve in
violence and spread fake news, but this is opposite to the duty to maintain
social harmony and unity. Hence, to maintain democracy, citizens must
fulfill their duties in addition to exercising their fundamental rights.