Mains Practice Questions

Introduction

The Directive Principles of State Policy (DPSP), enshrined in Part IV of the Indian Constitution (Articles 36-51), serve as guidelines for the government in formulating and implementing socio-economic policies.

• While not legally enforceable, these principles play a crucial role in shaping the country's governance and development trajectory.

Body

Role in DPSPs in Shaping India's Socio-Economic Policies:

• Economic Justice and Equality: Article 38 directs the state to promote the welfare of the people by securing social, economic, and political justice.
  • Article 39 emphasizes equitable distribution of resources and prevention of concentration of wealth.
  • Impact: These principles have influenced policies like land reforms, nationalization of banks, and various poverty alleviation programs.
• Labor Welfare: Article 41 directs the state to secure the right to work, education, and public assistance.
  • Article 43 emphasizes the provision of living wages and decent working conditions.
  • Impact: These have led to the enactment of four labor codes.
• Education and Cultural Preservation: Article 45 (as originally enacted) provided for free and compulsory education for children.
  • Article 48 directs the state to protect monuments of historic importance.
  • Impact: These principles led to the Right to Education Act, 2009, and various cultural preservation initiatives by the Archaeological Survey of India.
• Environmental Protection: Article 48A (added by the 42^nd Amendment) directs the state to protect the environment and wildlife.
  • Impact: This has influenced environmental legislation and policies, such as the Wildlife Protection Act, 1972, and the Environment Protection Act, 1986.
• International Relations: Article 51 promotes international peace and security.
  • Impact: This has shaped India's foreign policy, including its non-alignment stance during the Cold War.

Relationship with Fundamental Rights:

The relationship between DPSPs and Fundamental Rights has evolved over time, as reflected in various Supreme Court judgments:

• Initial Conflict: In the early years post-independence, there was a perceived conflict between DPSPs and Fundamental Rights.
  • In State of Madras v. Champakam Dorairajan (1951), the Supreme Court held that in case of conflict, Fundamental Rights would prevail over DPSPs.
• Recognition of Harmonious Construction: In Re: Kerala Education Bill (1957), the Supreme Court advocated for a harmonious construction between DPSPs and Fundamental Rights, stating that DPSPs should not be ignored when determining the scope of Fundamental Rights, signaling a shift towards their complementarity.
• Basic Structure Doctrine: In Kesavananda Bharati v. State of Kerala (1973), the judgment emphasized that DPSPs and Fundamental Rights supplement each other and should be interpreted harmoniously.
• Balancing Socio-economic Goals: In Pathumma v. State of Kerala (1978), the Supreme Court upheld a law based on DPSPs, stressing that achieving socio-economic justice requires a combination of both DPSPs and Fundamental Rights, ensuring the Constitution's broader goals are met.
• Supremacy of Fundamental Rights Reaffirmed: In Minerva Mills v. Union of India (1980), the Supreme Court ruled that while DPSPs are crucial, they cannot override Fundamental Rights.
• Evolving Jurisprudence on Socio-economic Rights: In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court extended the right to life under Article 21 to include the right to livelihood, integrating socio-economic principles from DPSPs into the enforceable realm of Fundamental Rights.
• Constitutional Conscience: In Dalmia Cement v. Union of India (1996), the Supreme Court reaffirmed that DPSPs and Fundamental Rights are complementary, emphasizing that they together form the conscience of the Constitution, driving India's social revolution forward.

Conclusion

The Directive Principles of State Policy have played a pivotal role in shaping India's socio-economic policies, providing a roadmap for inclusive development.Today, DPSPs serve not only as guiding principles for policy-making but also as essential tools for interpreting and expanding the scope of Fundamental Rights, thereby contributing to the realization of the constitutional vision of a just and equitable society.