What are criticisms of Directive Principles of State Policy?
Q. Which of the following are criticisms of Directive Principles of State Policy (DPSPs)?
1) Does not speak of welfare state
2) Illogically Arranged
3) Conservative
4) Need more principles- Published on 21 Feb 17a. 1, 2, 3
b. 1, 4
c. 2, 3
d. All of the above
ANSWER: 2, 3
The Directive Principles of State Policy have been criticized by some members of the Constituent Assembly as well as other constitutional and political experts because -
No Legal Force -
- They are non-justiciable in character.
- Sir Ivor Jennings thought they are only ‘pious aspirations’.
Illogically Arranged -
- Critics opine that the Directives are not arranged in a logical manner based on a consistent philosophy.
- According to N. Srinivasan, ‘the Directives are neither properly classified nor logically arranged.
- The declaration mixes up relatively unimportant issues with the most vital economic and social questions.
- It combines rather incongruously the modern with the old and provisions suggested by the reason and science with provisions based purely on sentiment and prejudice’.
Conservative -
- According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England.
- He remarked - Part IV of the Constitution expresses Fabian Socialism without the socialism.
- He opined that the Directives ‘are deemed to be suitable in India in the middle of the twentieth century. The question whether they are suitable for the twenty-first century cannot be answered; but it is quite probable that they will be entirely out moded.’
Constitutional Conflict -
- K. Santhanam has pointed out that the Directives lead to a constitutional conflict :
1. between the Centre and the states;
2. between the President and the Prime Minister; and
3. between the governor and the Chief Minister.
- According to him, the Centre can give directions to the states with regard to the implementation of these principles, and in case of non-compliance, can dismiss the state government.
- Similarly, when the Prime Minister gets a bill (which violates the Directive Principles) passed by the Parliament, the president may reject the bill on the ground that these principles are fundamental to the governance of the country and hence, the ministry has no right to ignore them.
- The same constitutional conflict may occur between the governor and the chief minister at the state level.