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Significance Of Directive Principles - Indian Polity Notes

The significance of the DPSP is that it ensures social and economic democracy while also attempting to construct a welfare state. These are the values that the government should bear in mind while it develops policy and passes legislation. Part IV of the Constitution, from Articles 36 to 51, enumerates the Directive Principles of State Policy. This notion was adopted by the writers of the Constitution from the 1937 Irish Constitution, which had copied it from the Spanish Constitution. These ideas, according to Dr. B R Ambedkar, are "new elements" of the Indian Constitution. This article explains about the Significance Of Directive Principles which is important for UPSC Indian Polity Preparation.

UPSC CSE IAS
Significance

Significance of Directive Principles

  • The Directive Principles are a broad economic, social, and political policy for a contemporary democratic state.
  • They strive to realize the noble principles of justice, liberty, equality, and brotherhood enshrined in the Constitution's Preamble.
  • They represent a 'welfare state,' rather than a 'police state,' which existed throughout the colonial period. They want to achieve economic and social democracy in the country, in a nutshell.
  • Despite their non-justiciability, the Directive Principles assist courts in assessing and establishing a law's constitutional viability.
  • When determining the constitutionality of a law, the Supreme Court has ruled that if the law in question seeks to give effect to a Directive Principle, the court may consider the law to be reasonable' in relation to Article 14 (equality before the law) or Article 19 (six freedoms) and thus save the law from being declared unconstitutional.
  • They are in addition to the people's fundamental rights. They are designed to fill the gap left by Part III by establishing social and economic rights.
  • Their execution offers a favorable environment for citizens to fully and properly exercise their basic rights. Political democracy is meaningless without economic democracy.
Article 38 - 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.
  • Examples: The subsequent Five-Year Plans attempted to ensure socio-economic justice and reduce income, status, and opportunity disparities.
  • The Planning Commission was superseded in 2015 by a new organization known as NITI Aayog (National Institution for Transforming India).
  • The Legal Services Authorities Act of 1987 established a national network to offer free and competent legal assistance to the needy, as well as to arrange Lok adalats to promote equitable justice.
  • They provide the opposition the ability to exert influence and control over the government's activities. The ruling party might be blamed by the opposition because its operations are in violation of the Directives.
  • They serve as a critical litmus test for the government's performance. People can assess the government's actions and programmes in light of these constitutional pronouncements.
Article 47 - To raise the level of nutrition and the standard of living of people and to improve public health
  • Examples: Government policies such as the Integrated Rural Development Program (IRDP), the Integrated Tribal Development Program (ITDP), and the Pradhan Mantri Gram Sadak Yojana, among others, reflect the main goals outlined in Article 47 of the Indian Constitution, which include raising the standard of living and improving public health.
  • DPSPs are important because they promote a compassionate work environment, equal pay for equal effort, and a higher standard of life for employees.
  • It also allows employees to participate in the administration of industries, allowing for greater alignment of worker and industrial interests. (Article 43 A)
Article 43 A - To secure a living wage, a decent standard of life and social and cultural opportunities for all workers.
  • Example: To protect the interests of the labor sections, laws such as the Minimum Wages Act (1948), the Payment of Wages Act (1936), the Payment of Bonus Act (1965), the Child Labor Prohibition and Regulation Act (1986), the Trade Unions Act (1926), the Factories Act (1948), the Mines Act (1952), and others have been enacted.
  • Furthermore, in an era of indiscriminate exploitation and deforestation-based globalization, it requires the government to conserve and develop the environment, as well as forests and wildlife.
  • Women's empowerment has resulted from liberalization and globalization. The DPSP placed a responsibility on the state to work for women's education, equal opportunity, equal salaries, a uniform civil code ( Article 44 ), and other measures that would strengthen women's rights.
  • Examples: This was the case with a recent triple talaq deed.
Article 42 - To make provision for just and humane conditions for work and maternity relief
  • The Equal Remuneration Act (1976) and the Maternity Benefit Act (1961) were created to defend the rights of female workers. ( Article 42 )
  • The government outlawed child labor in 2006. The Child Labor Prohibition and Regulation Act of 1986 was renamed the Child and Adolescent Labor Prohibition and Regulation Act of 1986 in 2016.
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) 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 the healthy development of children
  • Many social development programmes, such as the National Health Mission and the Mid-Day Meal Scheme, are inspired by this DPSP and target the underprivileged sectors of society, outlined under the Article 39 of the Indian Constitution.
  • In India, the DPSP are the ideals of a welfare state. The DPSP is significant because it aims to strike a balance between economic growth and competitiveness on the one hand, and environmental sustainability and social and economic fairness on the other.
Directive Principles of State policy

Directive Principles of State policy

  • Articles 36-51 of Part IV of the Indian Constitution deal with State Policy Directive Principles (DPSP).
  • They are taken from the Irish Constitution, which was based on the Spanish Constitution.
  • The implementation of the Directive Principles is governed by Article 37 of the Indian Constitution.
  • These ideas are aimed at guaranteeing people's socio-economic fairness and making India a welfare state.
  • In 1945, the Sapru Committee proposed two kinds of individual rights. The first is justiciable rights, and the second are non-justiciable rights.
  • The justiciable rights are known as Fundamental Rights, whereas the non-justiciable rights are known as State Policy Directive Principles.
  • The DPSP are values that the state should keep in mind while formulating policies and enacting legislation.
  • They are a listed 'instrument of instructions' under the Government of India Act, 1935.
  • They want the country to have economic and social democracy.
  • DPSPs are principles that are not legally enforceable by the courts in the event that they are broken.
Conclusion

Conclusion

The Directive Principles are subordinate to the Fundamental Rights. Directive Principles, on the other hand, can be applied. The Directive Principles can be implemented by amending the Fundamental Rights, as long as the alteration does not harm or destroy the Constitution's core framework. DPSPs are critical to the country's government. In today's globalised world, DPSP is still relevant for a more informed, productive, equitable, and long-term development strategy. These directives are increasingly being recognised as bedrocks for effective governance and socio-economic equity in society.

FAQs

FAQs

Question: What are Directive Principles of State Policy?

Answer: The Directive Principles of State Policy are guidelines provided in Part IV of the Constitution for the state to follow in governance, aimed at promoting welfare and social justice, but they are not enforceable by the courts.

Question: How do Directive Principles differ from Fundamental Rights?

Answer: Directive Principles are non-justiciable, meaning they cannot be enforced by the courts, whereas Fundamental Rights are enforceable by law. However, both are essential for ensuring social and economic justice.

Question: Why are the Directive Principles important if they are not enforceable by the courts?

Answer: The Directive Principles are crucial as they guide the state in policy-making and help establish a welfare state by addressing issues like social justice, economic equality, and public health.

Question: What role does the 42nd Amendment play in relation to Directive Principles?

Answer: The 42nd Amendment emphasized the importance of Directive Principles by stating that laws implementing them cannot be declared unconstitutional even if they violate Fundamental Rights.

Question: How do Directive Principles help in achieving social justice?

Answer: The Directive Principles guide the government to formulate policies aimed at reducing social inequality, promoting equal opportunities, ensuring fair distribution of wealth, and safeguarding the welfare of marginalized sections.

MCQs

1. Which part of the Indian Constitution contains the Directive Principles of State Policy?

A) Part II
B) Part III
C) Part IV
D) Part V

Answer: (C) See the Explanation

The Directive Principles of State Policy are contained in Part IV of the Indian Constitution.

2. What is the nature of Directive Principles?

A) Enforceable by law
B) Non-enforceable by law
C) Enforceable only by the President
D) Enforceable only by Parliament

Answer: (B) See the Explanation

Directive Principles are non-enforceable by law, meaning they are not justiciable in courts but provide guidelines for the state.

3. Which of the following Directive Principles aim at establishing economic equality?

A) Promotion of international peace
B) Equal pay for equal work
C) Protection of monuments
D) Promotion of education

Answer: (B) See the Explanation

The Directive Principle of equal pay for equal work is aimed at ensuring economic equality by removing wage discrimination.

4. Which amendment emphasized that laws made to implement Directive Principles cannot be challenged as violating Fundamental Rights?

A) 42nd Amendment
B) 44th Amendment
C) 52nd Amendment
D) 61st Amendment

Answer: (A) See the Explanation

The 42nd Amendment emphasized that laws made to implement Directive Principles cannot be declared unconstitutional for violating Fundamental Rights.

5. Which Directive Principle promotes the idea of a welfare state?

A) Right to education
B) Promotion of equal justice and free legal aid
C) Freedom of religion
D) Right to property

Answer: (B) See the Explanation

The Directive Principle that promotes the idea of a welfare state is the promotion of equal justice and free legal aid, ensuring access to justice for all citizens, especially the marginalized.

GS Mains Questions and Model Answers

Q1: Discuss the role of Directive Principles in establishing a welfare state in India.

Answer: The Directive Principles of State Policy play a vital role in guiding the Indian state toward establishing a welfare state. These principles emphasize social justice, economic equality, and the well-being of all citizens. They direct the government to create laws and policies that promote education, healthcare, gender equality, and the upliftment of marginalized communities. Though non-justiciable, these principles ensure that the state’s focus remains on the welfare of its people, contributing to reducing inequality and providing opportunities for all citizens to lead dignified lives.

Q2: Analyze the relationship between Directive Principles and Fundamental Rights. How do they complement each other in the Indian Constitution?

Answer: Fundamental Rights and Directive Principles of State Policy are both integral to the Constitution of India, aiming at ensuring the dignity and welfare of the individual. While Fundamental Rights are justiciable and enforceable by the courts, Directive Principles are non-justiciable but provide guidelines for governance. Together, they ensure a balance between individual rights and societal goals. Directive Principles complement Fundamental Rights by directing the state to create a conducive environment for achieving social and economic justice, which, in turn, helps realize the goals set out by Fundamental Rights.

Q3: Evaluate the impact of the 42nd Amendment on the implementation of Directive Principles in India.

Answer: The 42nd Amendment of the Indian Constitution significantly impacted the implementation of the Directive Principles by elevating their importance. It introduced provisions stating that laws aimed at fulfilling Directive Principles cannot be challenged for violating Fundamental Rights, especially in cases related to property rights. This gave the government more flexibility in enacting laws to address social justice and economic reforms. It strengthened the Directive Principles' influence on shaping India's governance by allowing the state to prioritize welfare-oriented policies without fear of judicial intervention.

Previous Year Questions on Significance Of Directive Principles

1. UPSC CSE Mains 2017 (GS Paper 2)

Question: Discuss how the Directive Principles of State Policy have influenced Indian lawmaking.

Answer: The Directive Principles of State Policy have had a significant influence on Indian lawmaking, guiding the government to focus on social justice, economic reforms, and the welfare of marginalized communities. Laws related to minimum wage, land reforms, universal education, and healthcare have been enacted in line with the Directive Principles. For example, the Right to Education Act and National Food Security Act are products of the state’s commitment to fulfilling the Directive Principles. Even though these principles are non-justiciable, they provide a framework for the government to ensure the welfare of its citizens.

2. UPSC CSE Mains 2019 (GS Paper 2)

Question: How do the Directive Principles of State Policy promote social and economic democracy in India?

Answer: The Directive Principles of State Policy promote social and economic democracy by directing the state to ensure equitable distribution of wealth, provide equal opportunities for all, and improve the quality of life for every citizen. They address key issues such as gender equality, education, healthcare, and employment, which are essential for creating a just and fair society. By focusing on reducing inequality, the Directive Principles ensure that all citizens, particularly the marginalized, have access to the resources and opportunities needed to lead dignified lives. Thus, they contribute to building a more inclusive and democratic society.

*The article might have information for the previous academic years, please refer the official website of the exam.
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