DPSP Part IV
Article 36 to Article 51
DPSP comes from Irish Constitution which itself was inspired by Spanish Constitution.
Features of DPSP
Constitutional instructions to the State
Instrument of instructions for legislature and executive
Aim to ideals of justice, liberty, equality and fraternity
Non justiciable
Help courts in deciding to constitutional validity of a law.
Preamble along with Article 38, Article 42, Article 43, and Article 46 & Article 48A promote the social justice.
A law inconsistent with DPSP can’t be invalid but a law promoting DPSP can be valid.
Article 36 - defines State
Article 37 - DPSP is non-enforceable in courts, but help in governance of country
Classification of DPSP
Gandhian –
Article 40 - Organisation of Village Panchayats
Article 43 - Promotion of cottage scale industries
Article 43B - Formation, autonomous functioning, democratic control & professional management of cooperatives
Article 46 – promote educational and economic interests of SCs/STs & other weaker sections
Article 47 - prohibit intoxicating drinks and drugs
Article 48 - prohibit slaughter of cow and other milch and draught animals and to improve their breeds
Socialistic
Article 38 – secure a social order with socio economic and political justice
Article 39- secure adequate livelihood for citizens, equitable distribution of resources for common good, prevent concentration of wealth, equal pay for equal work, preservation of health and strength of workers and children against forced abuse, opportunities for healthy development of child
Article 39A - promote equal justice & provide free legal aid to poor
Article 41- secure right to work, education and public assistance for unemployed, old age, sick and disable
Article 42 - provision for just and humane work conditions and maternity relief
Article 43 - secure a living wage, a decent standard of living
Article 43A- participation of workers in management
Article 47- raise nutrition level and living standard of people and improve public health
Liberal- Intellectual
Article 44 - Secure Uniform Civil Code (UCC)
Article 45 - provide early childhood care & education for children until six years of age
Article 48 - organise agriculture and animal husbandry on modern scientific lines
Article 48A - protect and improve environment, safeguard forest and wildlife
Article 49 - protect monuments, places and objects of historic artistic interest which are of national importance
Article 50- separate judiciary from executive
Article 51- promote international peace, security and maintain just and honourable relations between nations, have respect for international law, encourage settlement of international disputes by arbitration.
42nd amendment added new DPSP -
Article 39, Article 39A, Article 43A, Article 48A
86th amendment -
changed Article 45, made elementary education a fundamental right under Article 21-A
97th amendment-
added a new directive Article 43B.
Relationship between FRs & DPSPs
Principle of harmonious construction
Complementary and supplementary to each other
They form an integrated scheme which is elastic enough to respond to changing needs of society
FRs represents civil & political rights & DPSPs represent social & economic rights (Ashok Kumar Thakur vs UOI, 2008).
DPSPs have broaden the scope of Article 21, a bundle of rights have been derived from Article 21.
DPSPs become relevant for considering reasonableness of restriction under A. 19. Restriction promoting
DPSP would be reasonable.
Relevance of DPSP in the era of Globalisation-
Directive principles are the Constitutional directions to the State. They promote the idea of welfare state and also act as a restraint on those in power.
The advent of globalization has impacted many aspects of the society. There has been an increase in privatisation, disinvestment, and the culture of consumerism.
Development comes at a cost – environmental damages, rise in pollution, exploitation of workers in private factories etc.
DPSP remain relevant in spite of globalisation because -
Inequalities and poverty
Sustainable development goals
Check monopolistic tendencies
Protection of human rights
Building human capital
Safeguarding the vulnerable section
Good governance and socio economic justice
Uncertainty created by pandemic and natural disasters.