Directive Principles of State Policy

Part IV of the Constitution under Article -( 36 to 51 ) contains the Directive Principles of State Policy.

Classification of the Directives-

(1) Certain ideals, particularly economic, which according to the framers of the Constitution, the State should strive for.

(2) Certain guidance to the Legislature and the Executive aimed in what counts the State should use their legislative and executive powers.

(3) Certain rights of the citizens which shall not be enforceable by the courts like the “fundamental rights”, but which the State shall nevertheless aim at securing, by regulation of its legislative and administrative policy.

Scope of the Directives– It shall be the duty of the State to follow these principles both in the matters of administration as well as in the making of laws. They embody the object of the State under the Republican Constitution, namely that it is to be a “Welfare State” and not a mere “Police State”. Most of these Directives, it will be seen, aim at the establishment of the economic and social democracy which is pledged for in the Preamble.

The 42nd Amendment- However, it should be noted that the objective of the State has been formulated to live ‘socialist’, by the amendment of the Preamble by the 42nd amendment. By the same amendment, certain other changes have also been introduced they are:

(i) Article 43A has been inserted to ensure the State provides free legal aid to the poor and to take other suitable steps to achieve equal justice for all, given by the Preamble.

(ii) It has been inserted to direct the State to ensure the participation of the workers in the management of industry and other undertakings. This is a positive step in the advancement of socialism in the sense of economic justice.

The 44th Amendment- The Janta Government sought to implement the promise of economic justice and equality of opportunity assured by the Preamble, by inserting a clause (2) in Article 38 by the 44th Amendment Act, 1978 carried– The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

The 86th Amendment- The Constitution 86th Amendment Act, 2002 substituted Article 45 making provision for early childhood care and education to children below the six-year of age provides provision for free and compulsory education until they complete fourteen years of age.

The 97th Amendment- Article 43B in Part IV of the Constitution has been put to promote the voluntary formation of cooperative societies. Article 43B provided that: The State shall endeavor to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

DPSP and Fundamental Rights-

The dpsp has to conform to and run as a subsidiary to the Chapter Fundamental Rights. Nevertheless, in determining the scope and ambit of the Fundamental Rights relied on by or on behalf of any person or body the court may not entirely ignore these Directive Principles of State Policy laid down in Part IV of the Constitution but should adopt the principle of harmonious construction and should attempt to give effect to both as much as possible.