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EIC Assignment 1

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14 views6 pages

EIC Assignment 1

EIC assignment

Uploaded by

sampletimepass25
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© © All Rights Reserved
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1.

Explain the significance of the Directive Principles of State Policy (DPSP) in the
Indian Constitution. How do they complement the Fundamental Rights, and what
challenges exist in their implementation?

Significance of DPSP: The Directive Principles of State Policy (DPSP) are enshrined in Part
IV of the Indian Constitution (Article 36–51). They are guidelines or principles for the
governance of India, aiming to establish a welfare state and social, economic, and political
justice. They reflect the ideals and aspirations of the framers of the Constitution, inspired
by the social and economic needs of the Indian people.

Complementary Role with Fundamental Rights: While Fundamental Rights (Part III of the
Constitution) are justiciable and legally enforceable, the DPSPs are non-justiciable,
meaning they are not enforceable by the courts. However, they complement the
Fundamental Rights by providing a framework for achieving the goals of social justice,
equality, and human dignity. The DPSPs guide the state to make laws and policies that
foster the common good and social welfare, ensuring that individual rights are balanced
with broader societal interests.

For instance, while Article 21 guarantees the right to life and personal liberty, DPSPs like
Article 39(a) encourage the state to provide equal opportunities for all, and Article 41
ensures the right to work, which supports the broader goal of creating a just society.

Challenges in Implementation:

Non-Justiciable Nature: Since the DPSPs are not enforceable in a court of law, their
implementation depends largely on the political will of the government. The lack of legal
enforceability makes it difficult to hold the state accountable for their realization.

Financial Constraints: Many of the DPSPs involve significant expenditure, such as providing
adequate livelihood, healthcare, and education. This often clashes with limited resources
and fiscal constraints.
Conflicting Interests: Achieving the goals outlined in the DPSPs may sometimes conflict
with other policies or priorities, such as economic liberalization, making it challenging to
align them with other national interests.

2. Discuss the relationship between the Directive Principles of State Policy (DPSP) and
the Fundamental Duties in the Indian Constitution. How do both sets of provisions
contribute to the governance of India?

DPSP and Fundamental Duties: The Directive Principles of State Policy (DPSP) and
Fundamental Duties, both enshrined in the Constitution of India, serve complementary
purposes. While the DPSPs provide guidelines for the state to create laws and policies that
promote the welfare of the people, the Fundamental Duties, added by the 42 nd Amendment
Act of 1976 (Article 51A), outline the responsibilities of citizens to help achieve these goals.

Contributions to Governance:

DPSP: The DPSPs act as a guiding force for the state to ensure social, economic, and
political justice. They encourage policies related to education, health, social welfare, and a
just economic order. The principles influence the government’s approach to governance by
prioritizing the common good, especially in a country with significant poverty and
inequality.

Fundamental Duties: The Fundamental Duties remind citizens of their moral obligations
towards the state and society. They emphasize the importance of national unity, respecting
the Constitution, and promoting harmony. While they are not legally enforceable, they help
foster a sense of collective responsibility among citizens, promoting active participation in
the country’s social, economic, and cultural progress.
Together, both provisions create a balanced approach: the DPSPs guide state policy, while
the Fundamental Duties ensure that citizens play an active role in the nation’s
development.

3. Evaluate the role of the Directive Principles of State Policy (DPSP) in shaping social
and economic policy in India. How have these principles influenced the country’s
welfare state model?

Role of DPSP in Social and Economic Policy: The DPSPs have had a profound impact on
shaping India’s social and economic policies, as they lay the foundation for a welfare state,
emphasizing social justice, equality, and the welfare of the people. They influence laws and
policies related to labor rights, education, healthcare, and housing.

Social Policies: The DPSPs have been instrumental in implementing social security
schemes, such as the provision of free primary education (Article 45), reducing economic
disparity (Article 38), and ensuring the welfare of weaker sections (Article 46). These
principles encouraged the government to introduce various poverty alleviation and social
welfare programs like Midday Meals, MGNREGA, and others.

Economic Policies: DPSPs have been foundational in shaping India’s economic policies,
such as the promotion of cottage industries, equitable distribution of wealth, and
regulation of monopolies (Articles 38, 39, and 43). These principles influenced the
adoption of mixed economic systems, where the public sector played a key role in
industrialization and development during the initial years post-independence.

Influence on Welfare State: India’s welfare state model, aimed at improving the living
conditions of its citizens, particularly the marginalized sections, is rooted in the DPSPs.
These principles guided the creation of a state responsible for providing economic, social,
and cultural rights to all citizens, ensuring that fundamental needs like healthcare,
education, and housing are met. Programs like the National Food Security Act and the Right
to Education Act reflect the fulfillment of these ideals.

4. Analyze the constitutional debates surrounding the justiciability of the Directive


Principles of State Policy (DPSP). Should the DPSPs be made enforceable by the
courts? Provide arguments for and against this idea.

Debates on Justiciability: The DPSPs are non-justiciable, meaning they cannot be enforced
by the courts. This has been a point of constitutional debate, with some arguing for their
enforceability to ensure greater accountability in governance.

Arguments for Justiciability:

Ensuring Accountability: If the DPSPs were justiciable, the government would be held
accountable for their implementation. Citizens could approach the courts to demand
fulfillment of the state’s obligations, ensuring that the government follows through on
promises related to welfare, equality, and justice.

Further Strengthening Democracy: Justiciable DPSPs would provide citizens with an


additional mechanism to safeguard their rights, ensuring that the state meets its
obligations and works towards the welfare of all, especially the marginalized.

Arguments Against Justiciability:


Practical Constraints: Making DPSPs justiciable could overwhelm the judiciary, as many of
the principles are broad and require policy decisions that involve balancing various
interests. Courts may not be equipped to handle such complex socio-economic issues.

Separation of Powers: Enforcing the DPSPs could encroach upon the executive’s and
legislature’s domain, potentially disrupting the balance of power. Since the DPSPs are
intended to guide state policy, it is argued that they should remain within the purview of the
legislature and executive, rather than being adjudicated by the courts.

In conclusion, while making DPSPs justiciable might increase accountability, it could also
create practical and constitutional challenges, which is why they are left as non-
enforceable principles.

5. Examine the relevance of the Directive Principles of State Policy (DPSP) in the
modern context. How do these principles address issues like poverty, inequality,
and social justice in contemporary India?

Relevance of DPSPs in Modern India: The DPSPs remain highly relevant in the modern
context as they continue to serve as a guiding framework for addressing contemporary
issues like poverty, inequality, and social justice. Despite being non-justiciable, the
principles have inspired significant legislation and policy decisions aimed at addressing
the needs of marginalized groups.

Addressing Poverty and Inequality:

Economic Reforms and Poverty Alleviation: The principles of equitable distribution of


resources and social welfare (Articles 38 and 39) have influenced poverty alleviation
programs such as the National Rural Employment Guarantee Scheme (MGNREGA) and the
Public Distribution System (PDS).

Reservation and Affirmative Action: DPSPs like Article 46, which promote the welfare of the
backward classes, and Article 15(4), which allows for affirmative action, have led to
policies like reservation in education and employment to uplift socially and economically
disadvantaged groups.

Social Justice:

The principles emphasize social justice and the removal of economic inequalities. Laws
and policies ensuring free and compulsory education (Article 45) and healthcare schemes
like Ayushman Bharat are rooted in these ideals.

Social security laws, labor rights, and the regulation of the economy to ensure a just and
humane working environment also draw inspiration from DPSPs.

In the modern context, the DPSPs guide the state in making policies that address the socio-
economic challenges facing India, ensuring that development is inclusive and benefits all
sections of society.

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