Directive Principles Of State Policy: Extent Of Enforceability
The directive principles of state policy contained in part iv of the
constitution set out the aims and objectives to be taken up by the states in the
governance of the country. This novel feature of the constitution is borrowed
from the Irish constitution which had copied it from Spanish constitution.
The idea of welfare state envisaged by our constitution can only be achieved if the states endeavour to implement them with a high sense of moral duty.
At one time it was thought that the state was mainly concerned with the maintenance of law and order and the protection of life, liberty and property of the subject. Such a restrictive role of the state is no longer a valid concept. Today we are living in an era of a welfare state which has to promote the prosperity and well-being of the people. The directive principles lay down certain economic and social policies to be pursued by the various government in India; they impose certain obligation on the state to take positive action in certain directions in order to promote the welfare of the people and achieve economic democracy.[1]
The underlying objectives of the Directive Principles can better be understood from the speech of Dr.s Ambedkar in the Constituent Assembly. He said:
"...Our Constitution lays down what is called parliamentary democracy. By Parliamentary democracy we mean .'one man, one vote'. We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the Government.
The reason why we have established in the Constitution a political democracy is because we do not want to instal by any means whatsoever a perpetual dictatorship of any particular body of people. While we have established political democracy, it is also the desire that we should lay down as our ideal economic democracy.
We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the Government. That idea is economic democracy, whereby, so far as, I am concerned, I understand to mean one man, one vote.
The question is, have we got any fixed idea as to how we should bring about economic democracy?
There are various ways in which people believe that economic democracy can be brought about; there are those who believe in individualism as the best form of economic democracy ; there are those who believe in having a socialistic state as the best form of economic democracy ; there are those who believe in the communistic idea as the most perfect form of economic democracy.[2]
Now, having regard to the fact that there are various ways by which economic democracy may be brought about, we have deliberately introduced in the language that we have used, in the directive principles, something which is not fixed or rigid. We have left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way, to persuade the electorates that it is the best way of reaching economic democracy, the fullest opportunity to act in the way in which they want to act.
It is no use giving a fixed, rigid form to something which is not rigid, which is fundamentally changing and must, having regard to the circumstances and at times keep on changing. It is, therefore, no use saying that the directive principles have no value. In my judgment, the
directive principles have a great value, for they lay down that our ideal is economic democracy. Because we did not want merely a parliamentary form of Government to be instituted through the various mechanism provided in the Constitution, without any direction as to what our economic ideal or as to what our social order ought to be, we deliberately included the Directive Principles in our Constitution.[3]
I think if the friends who arc agitated over this question bear in mind what I have said just now that our object in framing this Constitution is really twofold (1) to lay down the form of political democracy and, (2) to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy."
Thus, it is clear that the main object in enacting the directive principles appears to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their success or failure can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the polls. It should, however, be noted that the directive principles do not impose any particular brand or pattern of economic or social order. They lay down the goals which may be achieved through various means which have to be devised from time to time.
Research Problems
Directive principles of state policies are not enforceable unless there is a law particularly about them.
Research Questions
Government is not bound to make law for all DPSP, unless it becomes necessary for the well-being of the nation. It depends upon on government which DPSP they want to get enforced.
Legal Existing Situation
There are 20 directive principles mentioned in the constitution of India. Out of those 20 couple of principles are enforced in India as for them specific laws have been made for example Rights to Education Act 2009.
Literature Review
Kerala Education bill
The court said that any conflict between fundamentals rights and DPSPs, even after the application of doctrine of interpretation, then the former should be upheld and given more importance over the DPSPs.
Madras vs Champakan
If any law is in contravention to the provisions mentioned under Part III of the Indian Constitution, it would be held void, but this is not applicable in case of DPSPs. This shows that Fundamental rights are on a higher pedestal than DPSPs as far as this case is concerned.[5]
Golakanth vs State of Punjab
The Court held that the Parliament cannot curtail the Fundamental rights in making any law or policy for the country. It also mentioned that if a law has been made to give effect to Article 39 (b) and Article 39 (c) of Part IV of the Constitution and in doing so if Article 14, Article 19, or Article 31 gets violated, then it cannot be declared as void merely on the ground of such contravention.[6]
Keshavnanda Bharti vs state of Kerala
The Apex Court placed DPSPs on a higher position than Fundamental Rights.
After that, in the case of Minvera Mills, the Court while deciding the case held that the harmony between the two should be maintained because neither of the two has any precedence over each other. Both are complementary to each other, and they should be balanced anyhow for the proper functioning of the State.
Unnikrishna vs State of Andhra Pradesh
The Court was of the view that Fundamental Rights and Directive Principles are not exclusive but complementary to each other. The Court said that the Fundamental Rights are the ways through which the goals given in Part IV can be achieved.[7]
Scope and Objectives:
The Procedure
As we now know that DPSPs are not enforceable. Article 37 of the Indian Constitution States about the application of the Directive Principles.
Article 37: The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.[8]
Guided by the Directives the Central and the State Governments have tried to the best of their resources to implement a large number or Directives. The government has fixed minimum wages for our workers, modernised our labour laws and improved the conditions of labour. Panchayats have been established in the remotest villages of our country.
They have been vested with the powers of civil administration, such as, medical relief, maintenance of village roads, streets, tanks and welts, provisions for primary education, sanitation and the like. They also exercise some judicial powers.
For the promotion of cottage industries, the Government has established several boards, viz. All India Khadi and Village Industries Board, Small Scale Industries Board, Silk Board, All India Handicrafts Board, AU India Handloom Board, etc. Many States have passed laws for compulsory education. Slaughter of cows and calves in some of the States have been prohibited.
A large number of laws have been enacted to implement the directives contained in Article 40.
The objectives laid down in Art. 40 have now been fulfilled by enacting the constitution 73rd and 74th amendment acts, 1992 known as the panchayat raj and nagarpalika constitution amendment act, 1992. These amendments provide constitution sanction to democracy at the grass root level.
In 1971, Fourteen major banks of the country were nationalised. Privy purses and privileges of the princes were abolished. The privileges of I. C. S. Officers were taken away. The Constitution was amended by the 25th Amendment Act, 1971, so as to enable the Government to implement more speedily socio-economic reforms. This Amendment added a new article: Article 31-C to Article 31 of the Constitution. The new Article provides that no law which is intended to give effect to the principles contained in Articles 39-B and 39-C, shall be deemed to be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by Articles 14, 19 or 31 of the Constitution. The validity of the 25th Amendment Act had been upheld by the Supreme Court in the Fundamental Rights case.
Instead of becoming a stumbling block the judiciary has now taken itself the responsibility of implementing the directive principles. In its recent judgements the court has declared many directives as fundamental rights and have enforced them. Equal pay for equal work, Protection of children from exploitation, Abolition of child labour in hazardous works, Free and compulsory education of children below the age of 14 years (under Arts. 39, 41 45 and 47), Protection of working women from sexual harassment, Free legal aid to poor, speedy trial of undertrial prisoners, (Art. 39-A), Right to work and medical assistance to workers (Art. 41) and Protection of ecology and Environmental Pollution (Art. 48-A).
The Deadline
As we know the enforceability clause of DPSPs, but it's nowhere mentioned in the Part IV of the constitution that until what date, time, or period the principles should be implemented in the form law by the government.
Although many law have been implemented as fundamental rights now that were once directive principles only, yet there are many principles still pending to be implemented. But question is when?
The government is the body which makes law regarding to any matter in the nation when it feels it right to be introduced. Same goes for DPSPs. They can only be implemented in the form of law only when the government feels it necessary and reasonable to do so.
If a ruling party that becomes government for some like 5 years and mentioned some principles to be accomplished in that term of five years but unfortunately is unable to implement those then no person can file a suit against the government for not fulfilling its promise as DPSPs are not enforceable in the court of law. But if certain principles become important to be implemented and somehow also it is violating the fundamental rights of a citizen, then it may become highly important to make laws regarding those principles on the order of the court.
It seems like it depends on moreover on the wish of the government to whether they want or not to implement those type laws.
The government is not always at fault. Due to the high population of the country, it becomes way hard which is nearly impossible to achieve to provide the facilities and livelihood mentioned in the Part IV of the constitution. It is very hard to fulfil every individual's wish with respect to Part IV due to high number of people and limited capacity of government and resources.
Thus, it is on the government to decide to when to implement the principles and pass necessary laws about it which can be months, few years or more.
Conclusion & Suggestion
We all now after this research work knows about what DPSP is and what is its significance in the constitution. The DPSPs can be converted into a fundamental right by the procedure of creating, enacting, and implementing any law. We also discovered about the deadline of implementing each DPSP and that is no deadline.
There is no such deadline to implement the Directive Principles of State Policies. The only suggestion we can give is that to work harder and think more efficiently about the Part IV and about more of its implementations in near future to accomplish the goal of welfare state.
End-Notes:
The idea of welfare state envisaged by our constitution can only be achieved if the states endeavour to implement them with a high sense of moral duty.
At one time it was thought that the state was mainly concerned with the maintenance of law and order and the protection of life, liberty and property of the subject. Such a restrictive role of the state is no longer a valid concept. Today we are living in an era of a welfare state which has to promote the prosperity and well-being of the people. The directive principles lay down certain economic and social policies to be pursued by the various government in India; they impose certain obligation on the state to take positive action in certain directions in order to promote the welfare of the people and achieve economic democracy.[1]
Classification of the directives
The Directives may be classified into the following groups:
- Social Economic Charter
- Social Security Charter
- Community Welfare Charter
Article 39 specifically requires the State to direct its policy towards securing the following principles:
- Equal right of men and women to adequate means of livelihood.
- Distribution of ownership and control of the material resources of the community to the common good.
- To ensure that the economic system should not result in concentration of wealth and means of production to the common detriment.
- Equal pay for equal work for both men and women.
- To protect health and strength of workers and tender age of children and to ensure that they are not forced by economic necessity to enter avocations unsuited to their age or strength.
- That children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood
and youth are protected against exploitation and against moral and material
abandonment.
The underlying objectives of the Directive Principles can better be understood from the speech of Dr.s Ambedkar in the Constituent Assembly. He said:
"...Our Constitution lays down what is called parliamentary democracy. By Parliamentary democracy we mean .'one man, one vote'. We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the Government.
The reason why we have established in the Constitution a political democracy is because we do not want to instal by any means whatsoever a perpetual dictatorship of any particular body of people. While we have established political democracy, it is also the desire that we should lay down as our ideal economic democracy.
We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the Government. That idea is economic democracy, whereby, so far as, I am concerned, I understand to mean one man, one vote.
The question is, have we got any fixed idea as to how we should bring about economic democracy?
There are various ways in which people believe that economic democracy can be brought about; there are those who believe in individualism as the best form of economic democracy ; there are those who believe in having a socialistic state as the best form of economic democracy ; there are those who believe in the communistic idea as the most perfect form of economic democracy.[2]
Now, having regard to the fact that there are various ways by which economic democracy may be brought about, we have deliberately introduced in the language that we have used, in the directive principles, something which is not fixed or rigid. We have left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way, to persuade the electorates that it is the best way of reaching economic democracy, the fullest opportunity to act in the way in which they want to act.
It is no use giving a fixed, rigid form to something which is not rigid, which is fundamentally changing and must, having regard to the circumstances and at times keep on changing. It is, therefore, no use saying that the directive principles have no value. In my judgment, the
directive principles have a great value, for they lay down that our ideal is economic democracy. Because we did not want merely a parliamentary form of Government to be instituted through the various mechanism provided in the Constitution, without any direction as to what our economic ideal or as to what our social order ought to be, we deliberately included the Directive Principles in our Constitution.[3]
I think if the friends who arc agitated over this question bear in mind what I have said just now that our object in framing this Constitution is really twofold (1) to lay down the form of political democracy and, (2) to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy."
Thus, it is clear that the main object in enacting the directive principles appears to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their success or failure can be judged. It was also hoped that those failing to implement the directives might receive a rude awakening at the polls. It should, however, be noted that the directive principles do not impose any particular brand or pattern of economic or social order. They lay down the goals which may be achieved through various means which have to be devised from time to time.
Directives based on Socialist Principles:
- Article 38:
The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic, and political justice and by minimising inequalities in income, status, facilities, and opportunities.
- Articles 39:
The State shall in particular, direct its policies towards securing:
- Right to an adequate means of livelihood to all the citizens.
- The ownership and control of material resources shall be organised in a manner to serve the common good.
- The State shall avoid concentration of wealth in a few hands.
- Equal pay for equal work for both men and women.
- The protection of the strength and health of the workers.
- Childhood and youth shall not be exploited.
- Article 41:
To secure the right to work to education and to public assistance in cases of unemployment, old age, sickness, and disability.
- Article 42:
The State shall make provisions for securing just and humane conditions of work and for maternity relief.[4]
- Article 43:
The State shall endeavour to secure to all workers a living wage and a decent standard of life.
- Article 43A:
The State shall take steps to secure the participation of workers in the management of industries.
- Article 47:
To raise the level of nutrition and the standard of living of people and to improve public health.
Directives based on Gandhian Principles:
- Article 40:
The State shall take steps to organise village panchayats as units of Self Government - Article 43:
The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.
- Article 43B:
To promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
- Article 43B:
- Article 46:
The State shall promote educational and economic interests of the weaker sections of the people particularly that of the STs and other weaker sections. - Article 47:
The State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health. - Article 48:
To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.
Directives based on Liberal-Intellectual Principles
- Article 44:
The State shall endeavour to secure for the citizen a UCC through the territory of India. - Article 45:
To provide early childhood care and education for all children until they complete the age of six years. - Article 48:
To organise agriculture and animal husbandry on modern and scientific lines.
- Article 48A:
To protect and improve the environment and to safeguard the forests and wildlife of the country.
- Article 48A:
- Article 49:
The State shall protect every monument or place of artistic or historic interest. - Article 50:
The State shall take steps to separate judiciary from the executive in the public services of the State. - Article 51:
It declares that to establish international peace and security the State shall endeavour to:
- Maintain just and honourable relations with the nations.
- Foster respect for international law and treaty obligations.
- Encourage settlement of international disputes by arbitration.
Research Problems
Directive principles of state policies are not enforceable unless there is a law particularly about them.
Research Questions
- What is the procedure to convert a DPSP from non-enforceable to enforceable?
- Is there any time or specified period given to make all necessary laws to enforce every DPSP or is it just left upon the wish of the government?
Government is not bound to make law for all DPSP, unless it becomes necessary for the well-being of the nation. It depends upon on government which DPSP they want to get enforced.
Legal Existing Situation
There are 20 directive principles mentioned in the constitution of India. Out of those 20 couple of principles are enforced in India as for them specific laws have been made for example Rights to Education Act 2009.
Literature Review
Kerala Education bill
The court said that any conflict between fundamentals rights and DPSPs, even after the application of doctrine of interpretation, then the former should be upheld and given more importance over the DPSPs.
Madras vs Champakan
If any law is in contravention to the provisions mentioned under Part III of the Indian Constitution, it would be held void, but this is not applicable in case of DPSPs. This shows that Fundamental rights are on a higher pedestal than DPSPs as far as this case is concerned.[5]
Golakanth vs State of Punjab
The Court held that the Parliament cannot curtail the Fundamental rights in making any law or policy for the country. It also mentioned that if a law has been made to give effect to Article 39 (b) and Article 39 (c) of Part IV of the Constitution and in doing so if Article 14, Article 19, or Article 31 gets violated, then it cannot be declared as void merely on the ground of such contravention.[6]
Keshavnanda Bharti vs state of Kerala
The Apex Court placed DPSPs on a higher position than Fundamental Rights.
After that, in the case of Minvera Mills, the Court while deciding the case held that the harmony between the two should be maintained because neither of the two has any precedence over each other. Both are complementary to each other, and they should be balanced anyhow for the proper functioning of the State.
Unnikrishna vs State of Andhra Pradesh
The Court was of the view that Fundamental Rights and Directive Principles are not exclusive but complementary to each other. The Court said that the Fundamental Rights are the ways through which the goals given in Part IV can be achieved.[7]
Scope and Objectives:
- To have a better understanding about the concept of DPSPs.
- To know the extent of enforceability of DPSPs.
The Procedure
As we now know that DPSPs are not enforceable. Article 37 of the Indian Constitution States about the application of the Directive Principles.
Article 37: The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.[8]
Guided by the Directives the Central and the State Governments have tried to the best of their resources to implement a large number or Directives. The government has fixed minimum wages for our workers, modernised our labour laws and improved the conditions of labour. Panchayats have been established in the remotest villages of our country.
They have been vested with the powers of civil administration, such as, medical relief, maintenance of village roads, streets, tanks and welts, provisions for primary education, sanitation and the like. They also exercise some judicial powers.
For the promotion of cottage industries, the Government has established several boards, viz. All India Khadi and Village Industries Board, Small Scale Industries Board, Silk Board, All India Handicrafts Board, AU India Handloom Board, etc. Many States have passed laws for compulsory education. Slaughter of cows and calves in some of the States have been prohibited.
A large number of laws have been enacted to implement the directives contained in Article 40.
The objectives laid down in Art. 40 have now been fulfilled by enacting the constitution 73rd and 74th amendment acts, 1992 known as the panchayat raj and nagarpalika constitution amendment act, 1992. These amendments provide constitution sanction to democracy at the grass root level.
In 1971, Fourteen major banks of the country were nationalised. Privy purses and privileges of the princes were abolished. The privileges of I. C. S. Officers were taken away. The Constitution was amended by the 25th Amendment Act, 1971, so as to enable the Government to implement more speedily socio-economic reforms. This Amendment added a new article: Article 31-C to Article 31 of the Constitution. The new Article provides that no law which is intended to give effect to the principles contained in Articles 39-B and 39-C, shall be deemed to be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by Articles 14, 19 or 31 of the Constitution. The validity of the 25th Amendment Act had been upheld by the Supreme Court in the Fundamental Rights case.
Instead of becoming a stumbling block the judiciary has now taken itself the responsibility of implementing the directive principles. In its recent judgements the court has declared many directives as fundamental rights and have enforced them. Equal pay for equal work, Protection of children from exploitation, Abolition of child labour in hazardous works, Free and compulsory education of children below the age of 14 years (under Arts. 39, 41 45 and 47), Protection of working women from sexual harassment, Free legal aid to poor, speedy trial of undertrial prisoners, (Art. 39-A), Right to work and medical assistance to workers (Art. 41) and Protection of ecology and Environmental Pollution (Art. 48-A).
The Deadline
As we know the enforceability clause of DPSPs, but it's nowhere mentioned in the Part IV of the constitution that until what date, time, or period the principles should be implemented in the form law by the government.
Although many law have been implemented as fundamental rights now that were once directive principles only, yet there are many principles still pending to be implemented. But question is when?
The government is the body which makes law regarding to any matter in the nation when it feels it right to be introduced. Same goes for DPSPs. They can only be implemented in the form of law only when the government feels it necessary and reasonable to do so.
If a ruling party that becomes government for some like 5 years and mentioned some principles to be accomplished in that term of five years but unfortunately is unable to implement those then no person can file a suit against the government for not fulfilling its promise as DPSPs are not enforceable in the court of law. But if certain principles become important to be implemented and somehow also it is violating the fundamental rights of a citizen, then it may become highly important to make laws regarding those principles on the order of the court.
It seems like it depends on moreover on the wish of the government to whether they want or not to implement those type laws.
The government is not always at fault. Due to the high population of the country, it becomes way hard which is nearly impossible to achieve to provide the facilities and livelihood mentioned in the Part IV of the constitution. It is very hard to fulfil every individual's wish with respect to Part IV due to high number of people and limited capacity of government and resources.
Thus, it is on the government to decide to when to implement the principles and pass necessary laws about it which can be months, few years or more.
Conclusion & Suggestion
We all now after this research work knows about what DPSP is and what is its significance in the constitution. The DPSPs can be converted into a fundamental right by the procedure of creating, enacting, and implementing any law. We also discovered about the deadline of implementing each DPSP and that is no deadline.
There is no such deadline to implement the Directive Principles of State Policies. The only suggestion we can give is that to work harder and think more efficiently about the Part IV and about more of its implementations in near future to accomplish the goal of welfare state.
End-Notes:
- 13th Edition, V.N. Shukla, Constitution Of India 407 (Eastern Book Company)
- 48th Edition, Dr. J.N. Pandey, The Constitutional Law Of India 409 (Central Law Agency 2011)
- Drishtiias, https://www.drishtiias.com
- Blog.Pleaders, https://www.blog.pleaders.in
- Knowindia, https://www.knowindia.india.gov.in
- Legal Service India. https://www.legalserviceindia.com
- Dristiias, http://www,drishtiias.com
- MEA, https://www.mea.gov.in
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