DPSPs: Socialistic Principles

• Directive Principles of State Policy (DPSPs) are typically classified into three categories based on their content and direction, despite the Indian Constitution not originally classifying them: socialistic, Gandhian, and liberal-intellectual.

Socialistic Principles

• Aim to provide social and economic justice, guiding the state towards becoming a welfare state.
• Article 38 directs the state to promote the welfare of the people by securing social, economic, and political justice and to minimize inequalities in income, status, facilities, and opportunities.
• Article 39 aims to secure for citizens the right to an adequate means of livelihood, equitable distribution of resources, prevention of wealth concentration, equal pay for equal work, preservation of worker and child health, and opportunities for healthy child development.
• Article 39A promotes equal justice and free legal aid for the poor.
• Article 41 ensures citizens' rights to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
• Article 42 mandates just and humane working conditions and maternity relief.
• Article 43 seeks to secure a living wage, a decent standard of living, and social and cultural opportunities for all workers.
• Article 43A aims to secure worker participation in the management of industries.
• Article 47 focuses on raising the level of nutrition and the standard of living, as well as improving public health.

Gandhian Principles

• Based on Gandhian ideology, representing Gandhi's reconstruction program during the national movement.
• Article 40 directs the organization of village panchayats, endowing them with the necessary powers to function as self-governing units.
• Article 43 promotes cottage industries in rural areas, either individually or through cooperation.
• Article 43B promotes the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
• Article 46 promotes the educational and economic interests of SCs, STs, and weaker sections of society, protecting them from social injustice and exploitation.
• Article 47 prohibits the consumption of intoxicating drinks and drugs injurious to health.
• Article 48 prohibits the slaughter of cows, calves, and other milch and draught cattle, aiming to improve their breeds.

Liberal-Intellectual Principles

• Reflect the ideology of liberalism.
• Article 44 seeks to secure a uniform civil code for all citizens throughout the country.
• Article 45 provides early childhood care and education for children until they reach the age of six.
• Article 48 directs the organization of agriculture and animal husbandry along modern and scientific lines.
• Article 49 protects monuments, places, and objects of artistic or historic interest declared to be of national importance.
• Article 50 aims to separate the judiciary from the executive in the state's public services.
• Article 51 promotes international peace and security, maintains just and honourable relations between nations, fosters respect for international law and treaty obligations, and encourages the settlement of international disputes by arbitration.

New DPSPs Added by the 42nd Amendment Act, 1976

• Article 39: Secures opportunities for the healthy development of children.
• Article 39A: Promotes equal justice and provides free legal aid to the poor.
• Article 43A: Takes steps to secure worker participation in the management of industries.
• Article 48A: Protects and improves the environment and safeguards forests and wildlife.

Facts About DPSPs

• The 44th Amendment Act of 1978 added a new DPSP under Article 38, requiring the State to minimize inequalities in income, status, facilities, and opportunities.
• The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21A.
• The 97th Amendment Act of 2011 added a new DPSP under Article 43B, relating to cooperative societies, mandating the state to promote their voluntary formation, autonomous functioning, democratic control, and professional management.
• Article 37 states that DPSPs are fundamental in the governance of the country, and it is the State's duty to apply these principles in making laws.

Criticism of DPSPs

• DPSPs have no legal force
• DPSPs are illogically arranged
• DPSPs are conservative in nature
• DPSPs may produce constitutional conflict between the center and the state

Conflict Between Fundamental Rights and DPSPs

• Champakam Dorairajan Case (1951): The Supreme Court ruled that in any conflict between Fundamental Rights and DPSPs, the former would prevail, regarding DPSPs as subsidiary.
• Golaknath Case (1967): The Supreme Court ruled that Parliament could not amend Fundamental Rights to implement DPSPs.
• Kesavananda Bharti Case (1973): The Supreme Court termed the second provision of Article 31C as unconstitutional but upheld the first provision as constitutional and valid.
• Minerva Mills Case (1980): The Supreme Court held the extension of Article 31C made by the 42nd Amendment Act unconstitutional, subordinating DPSPs to Fundamental Rights and affirming the balance between them as a basic feature of the Constitution.

Conclusion

• Fundamental Rights enjoy supremacy over the Directive Principles but, Directive Principles can be implemented and Parliament can amend the Fundamental Rights to implement the Directive Principles, as long as the amendment does not damage or destroy the basic structure of the Constitution.