Directive Principles of State Policy - Questions and Answers

ANSWER: Spanish Constitution

Explanation:

• The Directive Principles of State Policy are in Part IV of the Constitution from Articles 36 to 511.


• The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.


• Dr B. R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution.


• The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution.


• Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’.

Features -

1. They denote the ideals that the State should keep in mind while formulating policies and enacting laws.

2. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.

3. According to Article 36, the term ‘State’ in Part IV has the same meaning as in Part III dealing with Fundamental Rights.

4. Thus, it includes the legislative and executive organs of the central and state governments, all local authorities and all other public authorities in the country.

5. The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

6. Dr. B. R. Ambedkar said - the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.

7. The only difference is that they are instructions to the legislature and the executive.

8. The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State.

9. They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.

10. They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era.

11. They seek to establish economic and social democracy in the country.

12. The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.

13. The government (Central, state and local) cannot be compelled to implement them.

14. The Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

15. The Directive Principles, though non-justiciable, help the courts in examining and determining the constitutional validity of a law.

16. The Supreme Court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.

ANSWER: 1, 3

Explanation:

• The Constitution does not contain any classification of Directive Principles (DPSPs). However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal-intellectual.


• Socialistic Principles - They reflect ideology of socialism. They lay down the framework of a democratic socialist state, aim at providing social and economic justice, and set the path towards welfare state.

These DPSPs direct the state -

1. To promote the welfare of the people by securing a social order permeated by justice - social, economic and political - and to minimize inequalities in income, status, facilities and opportunities (Article 38) (second provision was added by the 44^th Constitutional Amendment Act of 1978).

2. 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) prevention of 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 39) (modified by the 42^nd Constitutional Amendment Act of 1976).

3. To promote equal justice and to provide free legal aid to the poor (Article 39 A) (added by the 42^nd Constitutional Amendment Act of 1976).

4. To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).

5. To make provision for just and humane conditions for work and maternity relief (Article 42).

6. To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43).

7. To take steps to secure the participation of workers in the management of industries (Article 43 A) (added by the 42nd Constitutional Amendment Act of 1976)

8. To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).


• Gandhian Principles - They are based on Gandhian ideology and represent the programme of reconstruction enunciated by Gandhi during the national movement.


• In order to fulfill the dreams of Gandhi, some of his ideas were included as Directive Principles.

They require the State -

1. To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).

2. To promote cottage industries on an individual or co-operation basis in rural areas (Article 43).

3. To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B) (added by the 97^th Constitutional Amendment Act of 2011).

4. To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46).

5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).

6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds (Article 48).

ANSWER: 2, 3

Explanation:

• Liberal-Intellectual Principles - The principles included in this category represent the ideology of liberalism.

They direct the state -

1. To secure for all citizens a uniform civil code throughout the country (Article 44).

2. To provide early childhood care and education for all children until they complete the age of six years (Article 45).

3. To organize agriculture and animal husbandry on modern and scientific lines (Article 48).

4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

5. To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance (Article 49).

6. To separate the judiciary from the executive in the public services of the State (Article 50).

7. To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration (Article 51).

New Directive Principles -


• The 42^nd Amendment Act of 1976 added four new Directive Principles to the original list.

They require the State -

1. To secure opportunities for healthy development of children (Article 39).

2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).

3. To take steps to secure the participation of workers in the management of industries (Article 43 A).

4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).


• The 44^th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimize inequalities in income, status, facilities and opportunities (Article 38).


• The 86^th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.


• The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.


• The 97^th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies.


• It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).

ANSWER: Both 1 and 2

Explanation:
Distinction between DPSPs and FRs -

Fundamental Rights -

1. These are negative as they prohibit the State from doing certain things.
2. These are justiciable, i.e., they are legally enforceable by the courts in case of their violation.
3. They aim at establishing political democracy.
4. These have legal sanctions.
5. They promote the welfare of the individual. Hence, they are personal and individualistic.
6. They do not require any legislation for their implementation.
7. They are automatically enforced.
8. The courts are bound to declare a law violating any of the Fundamental Rights as unconstitutional and invalid.

Directive Principles -

1. These are positive as they require the State to do certain things.
2. These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
3. They aim at establishing social and economic democracy in the country.
4. These have moral and political sanctions.
5. They promote the welfare of the community. Hence, they are societarian and socialist.
6. They require legislation for their implementation.
7. They are not automatically enforced.
8. The courts cannot declare a law violating any of the Directive Principles as unconstitutional and invalid.
9. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

ANSWER: 2, 3

Explanation:

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 19^th 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.

ANSWER: Only 1

Explanation:

• Sir B. N. Rau, the Constitutional Advisor to the Constituent Assembly, recommended that the rights of an individual should be divided into two categories - justiciable and non-justiciable, which was accepted by the Drafting Committee.


• Consequently, the Fundamental Rights, which are justiciable in nature, are incorporated in Part III and the Directive Principles, which are non-justiciable in nature, are incorporated in Part IV of the Constitution.


• Though the Directive Principles are non-justiciable, the Constitution (Article 37) make it clear that ‘these principles are fundamental in the governance of the country.


• Also, it shall be the duty of the state to apply these principles in making laws’.


• They impose a moral obligation on the state authorities for their application, but the real force behind them is political, that is, public opinion.


• Dr. B. R. Ambedkar said in the Constituent Assembly that ‘a government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If any government ignores them, it will certainly have to answer for that before the electorate at the election time.’

The framers of the Constitution made the Directive Principles non-justiciable and legally non-enforceable because :

1. The country did not possess sufficient financial resources to implement them.

2. The presence of vast diversity and backwardness in the country would stand in the way of their implementation.

3. The newly born independent Indian State with its many preoccupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them.


• ‘The Constitution makers, therefore, taking a pragmatic view, refrained from giving teeth to these principles. They believed more in an awakened public opinion rather than in court procedures as the ultimate sanction for the fulfillment of these principles’.

ANSWER: All of the above

Explanation:
Since 1950, the governments at the Centre and in the states, have made several laws and formulated various programmes for implementing the Directive Principles.

Some examples of it are -

• The Planning Commission was established in 1950 to take up the development of the country in a planned manner. The successive Five Year Plans aimed at securing socio-economic justice and reducing inequalities of income, status and opportunities.

Land reform laws and measures like -

1. abolition of intermediaries like zamindars, jagirdars, inamdars, etc;

2. tenancy reforms like security of tenure, fair rents, etc;

3. imposition of ceilings on land holdings;

4. distribution of surplus land among the landless labourers; and

5. cooperative farming.


• The Minimum Wages Act (1948), the Child Labour Prohibition and Regulation Act (1986), the Bonded Labour System Abolition Act (1976), the Trade Unions Act (1926), etc. have been enacted to protect the interests of the labor sections.


• In 2006, the government banned the child labor.


• The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) - to protect the interests of women workers.


• Various measures to utilize the financial resources for promoting the common good. These include nationalization of life insurance (1956), the nationalization of fourteen leading commercial banks (1969), nationalization of general insurance (1971) etc.


• The Legal Services Authorities Act (1987) has established a nation-wide network to provide free and competent legal aid to the poor and to organise lok adalats for promoting equal justice.


• Lok adalat is a statutory forum for conciliatory settlement of legal disputes. It has been given the status of a civil court. Its awards are enforceable, binding on the parties and final as no appeal lies before any court against them.


• Khadi and Village Industries Board, Khadi and Village Industries Commission, Small-Scale Industries Board, National Small Industries Corporation, Handloom Board, Handicrafts Board etc. have been set up for the development of cottage industries in rural areas.


• The Community Development Programme (1952), Hill Area Development Programme (1960), Drought-Prone Area Programme (1973), Minimum Needs Programme (1974), Integrated Rural Development Programme (1978), Jawahar Rozgar Yojana (1989), MGNREGA (2006), etc., have been launched for raising the standard of living of people.


• The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980, have been enacted. The Water and Air Acts have provided for the establishment of the Central and State Pollution Control Boards, which are engaged in the protection and improvement of environment.


• The National Forest Policy (1988) aims at the protection, conservation and development of forests.


• Agriculture has been modernized by providing improved agricultural inputs, etc. Various steps have also been taken to organize animal husbandry on modern and scientific lines.


• Three-tier Panchayati raj system has been introduced by the 73^rd Amendment Act (1992).


• Seats are reserved for SCs, STs and other weaker sections in educational institutions, government services and representative bodies.


• The Untouchability (Offences) Act, 1955, which was renamed as the Protection of Civil Rights Act in 1976 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, have been enacted.


• The 65^th Constitutional Amendment Act of 1990 established the National Commission for Scheduled Castes and Scheduled Tribes to protect the interests of SCs and STs.


• The Criminal Procedure Code (1973) separated the judiciary from the executive in the public services of the state.


• 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.


• Primary health centres and hospitals have been established throughout the country. Also, special programmes have been launched to eradicate widespread diseases.


• Laws to prohibit the slaughter of cows, calves, and bullocks have been enacted in some states.


• Some states have initiated the old age pension schemes.


• India has been following the policy of non-alignment and panchsheel to promote international peace and security.


• In spite of the above steps by the Central and state governments, the Directive Principles have not been implemented fully and effectively due to several reasons like inadequate financial resources, unfavorable socio-economic conditions, population explosion, strained Centre-state relations, etc.

ANSWER: All of the above

Explanation:
Apart from the Directives in Part IV, there are some other Directives in other parts of the Constitution.

They are -

1. Claims of SCs and STs to Services - The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or a State (Article 335 in Part XVI).

2. Instruction in mother tongue - It shall be the endeavour of every state and every local authority within the state to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups (Article 350-A in Part XVII).

3. Development of the Hindi Language - It shall be the duty of the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India (Article 351 in Part XVII).

• The above Directives are also non-justiciable in nature.
• However, they are also given equal importance and attention by the judiciary on the ground that all parts of the constitution must be read together.

ANSWER: 1, 3, 4

Explanation:

• The justiciability of Fundamental Rights and non-justiciability of Directive Principles on the one hand and moral obligation of State to implement Directive Principles (Article 37) have led to a conflict between the two since the commencement of the Constitution.


• In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail.


• But, it also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendments acts.


• As a result, the Parliament made the 1^st Amendment Act (1951), the 4th Amendment Act (1955) and the 17^th Amendment Act (1964) to implement some of the Directives.


• In the Golaknath case (1967) the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature.


• In other words, the Court held that the Fundamental Rights cannot be amended for the implementation of the Directive Principles.


• The Parliament reacted to the Supreme Court’s judgement by enacting the 24^th Amendment Act (1971) and the 25^th Amendment Act (1971).


• The 24^th Amendment Act declared that the Parliament has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts.

The 25^th Amendment Act inserted a new Article 31C which contained the following two provisions -

1. No law which seeks to implement the socialistic Directive Principles specified in Article 39(b) and (c) shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly, movement, etc.) or Article 31 (right to property).

2. No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.


• In the Kesavananda Bharati case (1973), the Supreme Court declared the above second provision of Article 31C as unconstitutional and invalid on the ground that judicial review is a basic feature of the Constitution and hence, cannot be taken away.


• However, the above first provision of Article 31C was held to be constitutional and valid.


• Later, the 42^nd Amendment Act (1976) extended the scope of the above first provision of Article 31C by including within its protection any law to implement any of the Directive Principles and not merely those specified in Article 39 (b) and (c).


• In other words, the 42^nd Amendment Act accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.


• But, this extension was declared as unconstitutional and invalid by the Supreme Court in the Minerva Mills case (1980).


• It means that the Directive Principles were once again made subordinate to the Fundamental Rights.


• But the Fundamental Rights conferred by Article 14 and Article 19 were accepted as subordinate to the Directive Principles specified in Article 39 (b) and (c).


• In the Minerva Mills case (1980), the Supreme Court also held that ‘…harmony and balance between FRS and DPSPs is an essential feature of the basic structure of the Constitution. The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights’.


• The present position is that the Fundamental Rights enjoy supremacy over the Directive Principles.


• This does not mean that the Directive Principles cannot be implemented.


• The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

ANSWER: 1, 2

Explanation:
According to M C Setalvad, the former Attorney General of India, the Directive Principles, although confer no legal rights are significant in the following ways -

1. They are like an ‘Instrument of Instructions’ or general recommendations addressed to all authorities in the Indian Union.
2. They remind them of the basic principles of the new social and economic order, which the Constitution aims at building.
3. They have served as useful beacon-lights to the courts. They have helped the courts in exercising their power of judicial review, that is, the power to determine the constitutional validity of a law.
4. They form the dominating background to all State action, legislative or executive and also a guide to the courts in some respects.
5. They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty, equality and fraternity.

The Directives also play the following roles -

1. They facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres in spite of the changes of the party in power.
2. They are supplementary to the fundamental rights of the citizens.
3. They are intended to fill in the vacuum in Part III by providing for social and economic rights.
4. Their implementation creates a favorable atmosphere for the full and proper enjoyment of the fundamental rights by the citizens.
5. They enable the opposition to exercise influence and control over the operations of the government.
6. The Opposition can blame the ruling party on the ground that its activities are opposed to the Directives.
7. They serve as a crucial test for the performance of the government. The people can examine the policies and programmes of the government in the light of these constitutional declarations.
8. They serve as common political manifesto for political parties irrespective of their political ideology.