About:
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- A set of principles mentioned in Articles 36 to 51in Part IV of the Constitution.
- Borrowed from the Irish Constitution.
- Aims to establish a welfare state.
- They are non-justiciable in nature and assist courts in examining the constitutional validity of a law.
Significance
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- These guide the nation toward the establishment of a just and equitable society.
- These function as “Instruments of Instructions”.
- Granville Austin: DPSPs along with Fundamental rights forms the ‘Conscience of the Constitution’.
- Dr Ambedkar: DPSPs as the novel features of the constitution to realize the ideals of Justice, Liberty, Equality, and Fraternity.
- L.M. Singhvi: DPSPs based on the philosophy of social justice are life-giving provisions of the Constitution.
Classification:
The Indian Constitution does not classify the DPSPs but for the ease of understanding, they are divided into three categories:
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- Socialist principles
- Gandhian principles
- Liberal-intellectual principles
Socialist principles – These principles embodies ideology of socialism, aiming to establish a welfare state ensuring socio-economic justice.
| Articles | Initiatives taken |
|---|---|
| Article 38-Directs the state to promote social, economic, and political justice. | • Public Distribution System • Pradhan Mantri Awas Yojna • MGNREGA • Establishment of NCSC & NCST |
| Article 39-To secure right to adequate means of livelihood, equitable distribution of community resources for the common good, prevention of concentration of wealth, equal pay for equal work for men and women and opportunities for the healthy development of children. | • Minimum Wages Act • Maternity Benefit Act • Integrated Child Development Scheme • Promotion of SHGs • Mission Indradhanush |
| Article 39A-equal justice and free legal aid to all citizens | • National Legal Service Authority • Nyaya Mitra Scheme |
| Article 41- right to work, education, and assistance in cases of unemployment, old age, sickness, and disablement. | • Person with Disabilities Act • Maintenance and welfare of senior citizens Act • National Social Assistance Program |
| Article 42- provision for just and humane conditions of work and for maternity relief. | • PM Maitritva Vandana Yojna • Maternity Benefit Act |
| Article 43-Secure a living wage, fair remuneration, and decent working conditions for workers. | • 4 Labour Codes • MGNREGA • Social Security Act 2008 • Atmanirbhar Bharat Rojgar Yojan |
| Article 43A-participation of workers in the management | • Trade Union Act 1926 • Labour laws |
| Article 47- raise the level of nutrition, the standard of living of people, and the improvement of public health. | • POSHAN Abhiyan • One Nation One Ration card • Mid-day meal scheme |
Gandhian principles-These principles reflect Gandhian ideology of being self-reliant and establishing a just society with special emphasis on local level.
| Articles | Initiatives taken |
|---|---|
| Article 40: Organisation of village panchayats as institutions of local self-government. | • 73rd and 74th Amendment Acts • PESA |
| Article 43: Promote cottage industries to ensure economic development and self-reliance at the rural level. | • Khadi and Village Industries Commission (KVIC) |
| Article 43B: voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies. | • 97th amendment act • Ministry of Cooperation • Yuva Sahakar- Cooperative Enterprise Support and Innovation Scheme |
| Article 46: Protect and promote educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. | • Right to education Act • NCSC &NCST • Reservation Policies |
| Articles 47: Prohibit consumption of intoxicating drinks and drugs which are injurious to health. | • The Narcotic Drugs and Psychotropic Substances Act, 1985 • Some states like Gujarathave implemented complete prohibition. |
| Article 48: Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds. | • Rashtriya Gokul Mission |
Liberal intellectual principles-These reflect the ideology of liberalism.
| Articles | Initiatives taken |
|---|---|
| Article 44: Secure the Uniform Civil Code for all citizens. | • Special Marriage Act of 1954 |
| Article 45: Provide free and compulsory education to children until age of 6. | • Anganwadi Scheme |
| Article 48: organise agriculture and animal husbandry on modernand scientific lines. | • Soil Health Card Scheme • Rashtriya Gokul Mission |
| Article 48A: protect and improve the environment and to safeguard forests and wildlife. | • Indian Forest Act of 1927 • Wildlife (Protection) Act of 1972 • Environment (Protection) Act of 1986 • National Action Plan on Climate Change (NAPCC) |
| Article 49: protect every monument or place of national importance from spoliation, disfigurement, destruction, etc. | • National Historic Preservation Act of 1966. • The Ancient Monuments and Archaeological Sites and Remains Act of 1958 |
| Article 50: Separate the judiciary from the executive in the public services of the State. | • Doctrine of SoP and independent Judiciary as basic structure |
| Article 51: Promote international peace and security | • Non-Alignment Movement (NAM) • Panchsheel Doctrine |
DPSP as fundamentals of Governance
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- Guiding principles for policy formulation: DPSPs serve as a framework for governments to shape policies aimed at improving societal welfare.
- For example– MGNREGA was introduced to give effect to Article 41e. “right to work”.
- Promote socio-economic justice: Article 39(b) and (c) advocate for the fair distribution of wealth and resources, which influenced land reforms.
- Ensure welfare of vulnerable sections: Article 42 mandates just and humane working conditions and maternity relief, leading to laws like the Maternity Benefit Act and the 4 labour codes
- Promoting Education and Health: Article 45 calls for free and compulsory education for children, which led to the Right to Education Act (2009), ensuring free education for children aged 6 to 14.
- Environmental Protection: Article 48A directs the state to protect and improve the environment, which has leading to establishment of National Green Tribunal and Swachh Bharat Abhiyan.
- Equitable economic policies: Article 39(a) encourages right to adequate means of livelihood, influencing social security programs like the Public Distribution System (PDS) to ensure food security for the poor.
- Empower local governance: Article 40 encourages the organization of Village Panchayats, leading to 73rd CAA for empowerment of local self-governments through PRIs.
- Guiding principles for policy formulation: DPSPs serve as a framework for governments to shape policies aimed at improving societal welfare.
Case Laws
Ø Champakam Dorairajan Case (1952) – Court asserted that Fundamental Rights are superior to DPSPs.
Ø Golak Nath Case (1967) – FRs are sacrosanct and absolute in nature and cannot be abridged to implement DPSPs.
Ø Kesavananda Bharathi Case (1973) – Parliament can amend any part but without altering the ‘basic structure’ of the Constitution. Article-31 deleted.
Ø Minerva Mill Case (1980) – Article 39(b) and (c) will have precedence over Article 14 & 19. The court emphasized importance of maintaining balance between FRs and DPSPs (harmonious construction).
Evaluation of implementation of DPSP
Issues: remained as ‘pious declarations’ as:
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- As per a paper by World Inequality Lab about wealth inequality in India, top 1% holds about 40% of the wealth.
- According to data published on the Indian Public Health Standards (IPHS) dashboard, only approximately 20% of the facilities achieved score of 80% or higher.
- According to Multidimensional Poverty Index Report (2023), over a third of all poor people in the world live in South Asia. India account for about 70% of the increase in extreme poverty.
- The practice of irrational freebies in electoral democracy is a threat to welfare state. According to data by RBI, in highly debt-ridden states such as Andhra Pradesh and Punjab, freebies have crossed 2% of the states’ Gross State Domestic Product (GSDP).
Way forward:
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- Benchmarks and yardstick to gauge the performance of government.
- A guide, friend and philosopherof the government.
- An important tool for opposition to ensure accountability of executive.
