Directive Principles of State Policy (DPSP)

In the wake of India’s independence, the Constitution-makers had to grapple with a range of complex issues. One such issue was the role of the government in ensuring socio-economic justice for all citizens. This led to the inclusion of Directive Principles of State Policy (DPSP) in the Indian Constitution. Though non-justiciable in nature, DPSP plays an important role in guiding the government in formulating policies and programmes that aim at socio-economic justice. In this blog post, we will discuss the concept and features of DPSP.

Meaning of Directive Principles of State Policy

The Directive Principles of State Policy are those principles that the state is to keep in mind while formulating its policies and framing its laws. The Constitution does not make it obligatory on the part of the state to implement these principles immediately.

The directive principles are inspired by the Irish Constitution, which was enacted in 1937. In India, the Constituent Assembly debates on the directive principles took place from November 15, 1947, to October 17, 1949. After much discussion and deliberation, the Constituent Assembly finally adopted the directive principles as a part of the Constitution.

The directive principles lay down the guidelines and principles for the future legislature and executive of the country so that they can keep them in mind while formulating their policies.

Directive Principles of State Policy Features

There are some directive principles of state policies features which are as follows:

• They are not justiciable in nature, meaning that they cannot be enforced by the courts.
• They are, however, fundamental in the governance of the country and it is the duty of the State to apply them in making laws.
• They are based on the socio-economic rights guaranteed in the Constitution, such as the right to education, right to work and right to property.
• They are meant to be a guide for future legislation and not just a set of principles to be followed in the present.
• The main objective of the directive principles is to create conditions under which the citizens can lead a good life.
• They lay down the guidelines for the future legislature of the country.

Legal Provisions of the Directive Principles of the State Policies

Article 36 to Article 51 of the Indian Constitution deals with the directive principles of the state policies. The DPSPs are contained in Part IV of the Constitution, which is titled ‘Directive Principles of State Policy. The Directive Principles are not enforceable by the courts, but the principles laid down therein are fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws.

Some of the directive principles of the state policies are:

• Free legal aid to the poor and weaker sections of the society.
• Provision for just and humane conditions of work and maternity relief.
• Prohibition of child labour.
• Prohibition of traffic in human beings and beggars.
• Promotion of international peace and security.
• Promotion of harmony and brotherhood amongst all the people of India.

The Directive Principles are based on the philosophy of socialism, liberalism and Gandhian and they lay down the guiding principles for the future legislature and the executive of the country. The directive principles are inspired by the Irish Constitution, which was enacted in 1937. In India, the Constituent Assembly debates on the directive principles took place from November 15, 1947, to October 17, 1949. After much discussion and deliberation, the Constituent Assembly finally adopted the directive principles as a part of the Constitution.

Differences Between Fundamental Rights and Directive Principles of State Policies

The DPSPs lay down the guidelines and principles for the government to follow in framing policies and enacting laws. They are non-justiciable in nature, meaning that the courts cannot enforce them. The Fundamental Rights, on the other hand, are justiciable, meaning that the courts can enforce them.

The directive principles are of a subordinate character to the fundamental rights. They cannot be enforced by courts but the legislature and executive have to keep them in mind while making laws and framing policies.

The Fundamental Rights are enforceable by the courts. They can be suspended during emergencies but not under the directive principles.

The Fundamental Rights are negative in nature, meaning that they place restrictions on the state. The Directive Principles, however, are positive in nature, meaning that they enjoin the state to take certain measures for the welfare of the people.

Conclusion

The main objective of the directive principles of the state policy is to establish social and economic democracy in the country. These principles aim to establish a welfare state wherein every individual is guaranteed certain basic rights and there is no exploitation of any kind. The directive principles also lay down certain duties of the state and the individuals. The DPSP is an important part of our Constitution and it is the duty of every citizen to follow it. This article deals with the directive principles of state policy features, and the main objectives of the directive principles of the state policy.