Directive Principles of State Policy

The Directive Principles of State Policy are the directions the Indian government gives to its institutions to manage the country. The principles given out in Article 36-51 of the Indian Constitution are not enforced through any court. Still, they are deemed “fundamental” in the country’s government, making it the State’s responsibility to implement these principles in establishing laws to maintain a just society.Various landmark cases talk about their importance, and various skirmishes are also highlighted from time to time, thanks to judicial interpretation.

What do Directive Principles mean?

In 1945, the Sapru Committee proposed two kinds of individual rights. The first is justiciable rights, and the second is non-justiciable rights. The justiciable rights are known as Fundamental Rights, while the non-justiciable rights are known as  Directive Principles. The Directive Principles of State Policy are values incorporated without any legal sanctions. 

The principles were influenced by Directive Principles relating to social fairness, economic well-being, foreign relations, and administrative and legal affairs as stated in the Irish Constitution. Directive Principles of State have several definitions, which are listed below:

They are a listed ‘instrument of instructions’ under the Government of the India Act, 1935.

They want the country to have economic and social democracy.

Directive Principles of State Policy are principles that are not constitutionally enforceable in court if they are broken. These values are based upon Gandhian ideology, which depicted Gandhi’s reconstruction agenda throughout the national struggle. These values also represent liberalism’s worldview.

Importance of Directive Principles

It highlights the country’s workers welfare, environmental conservation, rural development and growth, decentralisation of authority, a consistent civil code, and other factors that are deemed important while drafting legislation for a “welfare state.”

They give a set of rules for the government’s operation in the country, although they are non-justiciable.

Classification of The Directive Principles of State Policy

Although the Indian Constitution does not categorise Directive Principles, they are typically divided into three groups based on their substance and direction:

1. Socialist principles 

2. Gandhian principles

3. Liberal-intellectual principles.

Criticism of Directive Principles

The following are some of the grounds for the critique of the Directive Principles:

1. This has no legal standing.

2. It is arranged irrationally.

3. Its character is conservative.

4. It may result in a constitutional clash between the federal government and the state.

The conflict between fundamental right and Directive Principles of State Policy

The landmark judgement in Kesavananda Bharathi case has, to a certain extent, clarified the position of two, yet the tussle between the two concepts seem to be never-ending. Various actions have been implemented to enforce the  Directive Principles of State Policy. 

Golaknath Case (1967)

The Supreme Court declared that Parliament could not change Fundamental Rights to meet Directive Principle of State Policies . As a result, Parliament approved the 24th Amendment Act 1971 and the 25th Amendment Act 1971, asserting that by introducing Constitutional Amendment Acts, it can abolish or take any of the Fundamental Rights. 

The 25th Amendment Act added Article 31C to the Constitution, which has two provisions:

Article 14, Article 19, and Article 31 do not apply to any law that aims to facilitate the socialist/communist Directive Principles provided in articles 39 (b)22 and (c)23.

No law including a statement to affect a policy may be challenged in court because it does not fully comply with a policy.

Kesavananda Bharti Case

This landmark case is cited almost everywhere regarding basic structure or the other parts of the Constitution. During the Golaknath Case in 1967, the Supreme Court struck down the second part of Article 31C, inserted by the 25th Amendment Act. The clause was deemed ‘unconstitutional.’ The first provision under Article 31C, on the other hand, was constitutional and legitimate.

As a result of the 42nd amendment bill, Parliament expanded the scope of Article 31 C’s first clause. It gave the Directive Principles legal precedence and superiority over Fundamental Rights guaranteed under Articles 14, 19, and 31.

Conclusion

The numerous principles enshrined under the chapter on Directive Principles in Indian Constitution aim at making the society a better place to live in. They help in sustaining life even in times of crisis. There have been clashes between Fundamental Rights and Directive Principles and a number of landmark cases have been fought for the same purpose. These principles are neither enforceable nor impose any boundation on the State. Still, they need not be ignored because the essence of a flexible Constitution lies in these principles to some extent. It is essential to have a thorough understanding of all principles.