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31 Jan 2025
GS Paper 2
Polity & Governance
Day 53: "Directive Principles of State Policy (DPSPs) are the novel features of the Indian Constitution." Analyze their impact on policy formulation with examples. (250 Words)
Approach
- Introduce by defining Directive Principles of State Policy (DPSPs) and explaining their unique nature in the Indian Constitution.
- Explain how DPSPs are a novel feature of the Constitution.
- Analyze their impact on policy formulation with relevant examples.
- Conclude suitably.
Introduction
The Directive Principles of State Policy (DPSPs), enshrined in Part IV of the Indian Constitution, provide socio-economic and governance guidelines for the State. Inspired by the Irish Constitution, DPSPs aim to establish a Welfare State by guiding policy formulation. Though non-justiciable, they serve as guiding frameworks in the governance of the country and have significantly shaped India's legislative and policy landscape.
Body
DPSPs Are a Novel Feature of the Indian Constitution:
- Blend of Rights and Duties: While Fundamental Rights (Part III) focus on individual liberties, DPSPs focus on collective welfare, creating a balance.
- Instrument of Socio-Economic Justice: Unlike many constitutions that emphasize political rights, the Indian Constitution uniquely integrates socio-economic objectives into governance.
- Moral Force in Governance: Despite being non-enforceable in courts, DPSPs act as guiding principles that influence governance and policy making.
- Dynamic in Nature: Parliament has periodically incorporated new DPSPs to address emerging socio-economic challenges (e.g., 42nd and 86th Amendments).
Impact of DPSPs on Policy Formulation:
- Social and Economic Justice: Article 46 led to the SC/ST (Prevention of Atrocities) Act, 1989, ensuring protection of marginalized communities.
- Article 39(d) influenced the Equal Remuneration Act, 1976, addressing gender-based wage disparity.
- Land Reforms and Wealth Redistribution: Articles 39(b) & 39(c) led to Land Ceiling Acts and Zamindari Abolition, ensuring equitable resource distribution.
- The Kesavananda Bharati Case (1973) upheld land reform laws based on DPSPs.
- Labor and Workers' Rights: Article 43 influenced the Minimum Wages Act, 1948 and MGNREGA, 2005, guaranteeing wage employment.
- Article 41 guided skill-development programs like PM Kaushal Vikas Yojana (PMKVY).
- Health and Education: Article 47 led to the National Food Security Act, 2013, improving nutrition through schemes like Mid-Day Meal.
- Article 45 resulted in the RTE Act, 2009, making education a Fundamental Right.
- Environmental Protection: Article 48A led to the Environment Protection Act, 1986, strengthening environmental regulations.
- Judicial activism, as in M.C. Mehta v. Union of India (1987), reinforced DPSP-based environmental policies.
- Decentralization and Local Governance: Article 40 resulted in the 73rd and 74th Amendments (1992), establishing Panchayati Raj Institutions and Urban Local Bodies.
- This enabled grassroots democracy and decentralized governance.
- Foreign Policy Influence: Article 51 promotes international peace, reflected in India's UN peacekeeping missions and climate change diplomacy.
- India's stance on nuclear disarmament and global cooperation aligns with this directive.
Conclusion
Directive Principles of State Policy (DPSPs), though non-justiciable, guide India's welfare objectives. In the Kerala Education Bill (1957), the Supreme Court emphasized the doctrine of harmonious construction, stating that conflicts between Fundamental Rights and DPSPs should be resolved by balancing both. Aligning policies with DPSPs ensures inclusive growth and social justice.