Directive Principles of State Policy

• The Directive Principles of State Policy seek to establish social and economic circumstances that allow people to have a happy life
• They also aim to achieve social and economic democracy via the establishment of a welfare state
• The constitution makers supposed that the moral force behind these guidelines would assure that the government would take them seriously
• They hoped that the people would similarly hold the governments responsible for executing these directives. So, a separate list of policy guidelines is involved in the Constitution. The list of these guidelines is Known as the Directive Principles of State Policy.  

Need of Directive Principles of States Policy

• The constitution makers knew that independent India was going to face many challenges such as to bring about equality and well-being of all citizens
• They supposed that a certain policy direction was needed for handling these problems
• They didn’t want future governments to be bound by unspecified policy decisions
• They are an ‘instrument of instructions’ defined in the Government of India Act, 1935
• And ,  they seek to establish economic and social democracy in the country

Directive Principles Includes 

• Economic, socialistic, political, executive, justice and legal, administrative, environment, monument preservation, peace and security are the categories included with the directive principles
• The chapter on Directive Principles lists mostly three things:
  • The goals and objectives that society should adopt
  • Some rights that individuals should enjoy aside from the Fundamental Rights
  • Certain policies that the government should adopt. 

Some Directive Principles

Classified into 3 different types, they include:

Socialist principles

• Promote people’s well-being by ensuring social order via justice—social, economic, and political—and reducing disparities in income, position, facilities, and opportunities.
• Promote equal justice and free legal aid to the poor
• Ensure that all employees get a livable wage, a good quality of life, and social and cultural opportunities.
• Take actions to ensure worker engagement in the management of industries.

Gandhian principles

• Create village panchayats and provide them the necessary authorities and authority to act as self-governing bodies
• Create village panchayats and provide them the necessary authorities and authority to act as self-governing bodies
• Encourage the establishment, autonomy, democratic control, and professional administration of co-operative societies
• Promote the educational and economic interests of SCs, STs, and other vulnerable groups in society, as well as their protection against social injustice and exploitation
• Prohibit the use of intoxicating drinks and substances that are harmful to one’s health.

 Liberal-Intellectual principles

• Ensure a standard civil code for all people throughout the nation
• All children should get early childhood care and education until they reach the age of fourteen
• Modernize and scientifically organize agricultural and animal husbandry
• Monuments, sites, and items of aesthetic or historic worth that have been designated as national treasures must be safeguarded
• Separation of the judiciary from the executive in the state’s public services.

Examples of DPSPs Implementation:

• The governments passed a few zamindari annulment bills, nationalized several banks, ordered placement of various processing plant laws, fixed least wages, etc
• Several endeavours to give impact to the Directive Principles incorporate the right to training, development of Panchayati raj establishments all around the country, and so on

The conflict between DPSPs and Fundamental Rights:

We may comprehend the link between Fundamental Rights and Directive Principles of State Policy by looking into the two court judgments listed below:

Case of Champakam Dorairajan (1951)

In the event of a disagreement between Fundamental Rights and DPSPs, the Supreme Court held that the provisions of the former would take precedence. DPSPs were recognised as a subset of Fundamental Rights. In addition, the Supreme Court declared that Parliament may change Fundamental Rights via a constitutional amendment act in order to enact DPSPs.

As a result, the First Amendment Act (1951), the Fourth Amendment Act (1955), and the Seventeenth Amendment Act (1964) were enacted by Parliament to implement parts of the Directives.

 Case of Minerva Mills (1980)

The Supreme Court ruled that the 42nd Amendment Act’s expansion of Article 31C was illegal and unlawful. It subordinated DPSP to Fundamental Rights. In addition, the Supreme Court said that “the Indian Constitution is established on the cornerstone of the balance between Fundamental Rights and Directive Principles.”

Following the case, the Supreme Court issued the following decisions:

• Fundamental Rights and DPSPs are crucial to the commitment to social change. 
• The harmony and balance of Fundamental Rights and Directive Principles of State Policy is a fundamental component of the Constitution’s core construction.
• The Directive Principles’ aims must be met without jeopardizing the tools afforded by the Fundamental Rights.

Conclusion

We have talked about the Directive Principles of State Policies, and the divisions of DPSPs into three main categories. We also cited examples to understand the conflict between DPSPs and Fundamental rights. We can hence state that the fundamental Rights now have precedence over Directive Principles. However, Directive Principles may be put into action. The Parliament may alter the Fundamental Rights in order to achieve the Directive Principles, as long as the modification does not harm or destroy the Constitution’s core framework.