The Directive Principles of State Policy (DPSP), enshrined in Part IV of the Constitution of India, serve as vital guidelines for governance. These principles aim to establish a framework for the State to ensure social, economic, and political justice for all citizens. While DPSPs are foundational to the Indian constitutional structure, their non-justiciable nature often sparks debate. The DPSPs’ emphasis on reducing economic inequality and promoting social justice continues to guide policies like poverty alleviation programs, minimum wage laws, and equitable resource distribution.
They advocate for the promotion of cottage industries, living wages for workers, and the prohibition of intoxicating substances. Another argument against enforcing the DPSPs is that their provisions are not very secular. Though it calls for the implementation of a Uniform Civil Code, it also directs the state to ban the slaughter of cows, a cause that is primarily Hindu. This Act has dpsps drawn the ire of the country, as it has been considered a move aimed to establish India as a Hindu nation.
- Several government schemes and policies are inspired by DPSPs, and over the years, courts have tried to strike a balance between DPSPs and Fundamental Rights.
- The Parliament and State Legislatures use DPSPs as a guiding tool when formulating policies and laws to ensure they align with the welfare of society.
- The government must strive to achieve a balance between these two, ensuring that neither is compromised.
- The drafting committee approved Mr. B.N. Rau’s suggestion, who was the constituent assembly’s constitutional advisor, that an individual’s rights should be divided into two groups, i.e., justiciable &non-justiciable.
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They reflect the aspirations of the Indian freedom struggle for a just society. The inclusion of the Directive Principles in the Indian Constitution was a significant step towards achieving the goals of justice, liberty, equality, and fraternity. These principles provide a foundation for governance aimed at the welfare of all citizens. After reading this article, we hope all your doubts about the “DPSP of Indian Constitution” have been addressed.
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They guide the government in eliminating poverty, inequality, and illiteracy and ensuring basic rights such as healthcare, employment, and education. The DPSP of Indian Constitution are the guidelines to be followed by the Government for the governance of the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland, which are related to social justice, economic welfare, foreign policy, and legal and administrative matters. Drawing inspiration from the Irish Constitution of 1937, particularly the concept of Directive Principles of Social Policy, the framers included similar guidelines for India. The idea was to ensure that governments, while exercising their powers, would always prioritize public welfare, economic justice, and the removal of inequality. Dr. B.R. Ambedkar explained that the DPSPs were intended to establish economic democracy alongside political democracy, thus ensuring a balance between individual liberty and collective progress.
Directive Principles of State Policy (DPSP) – An In-depth Analysis
If the government does not implement them, no legal action can be taken against it. However, they serve as a moral and political obligation for the government. Yes, Parliament can amend DPSPs through constitutional amendments, provided they do not violate the Basic Structure of the Constitution. An amount can also be transferred from a DPSP to another registered plan if the amount is included in the income of, and is deductible by, the individual on whose behalf the amount is transferred under paragraph 60(j) of the Act. Deductions under paragraph 60(j) after 1989 are limited to DPSP benefits that flow through a testamentary trust, or a distribution of shares from a DPSP for which the beneficiary has elected under subsection 147(10.1) of the Act. In any case, the Minister may revoke the registration on any later date.
Judicial Interpretation and Role of the Supreme Court
Subsequently in 2002, Right to Education Act was enacted by the Parliament. From 1993 to 2002, right to education was Fundamental Right which was made enforceable by a judgment law. Since, these duties of the state are socio-economic rights of the citizens, court is changing ‘duty’ to ‘rights’. This is not ordinary human rights, but it can be discovered from reservoir of fundamental right, i.e., Article 21.
- The Directive Principles aim to establish a welfare state by securing social and economic justice.
- The Directive Principles of State Policy (DPSP) play a crucial role in shaping India’s governance by ensuring social, economic, and political justice.
- In a view taken in 1951, in the case of State of Madras v. Champakanix the Supreme Court held that since any law contravening the Fundamental Rights is void, this is not the case if an otherwise valid law contravenes the DPSPs.
- The framers of the Indian Constitution drew inspiration from the Irish Constitution of 1937.
DPSPs in international context
They establish specific social, economic, and political principles tailored to the unique circumstances in India. Directive principles are non-justifiable which means they are enforced by Court of Law, unlike Fundamental Rights which are justifiable and enforceable rights. In the Unnikrishnan v. State of Andhra Pradesh (1993) case, the Supreme Court held that the right to education, derived from Article 45, is implicit under the right to life and personal liberty guaranteed by Article 21.
No deduction can be made in calculating the income of an employer for a taxation year for a contribution to a DPSP for a beneficiary who is described in paragraph 16(k.2) above. Furthermore, all amounts allocated or reallocated on behalf of such beneficiary must be taken into income in the year allocated or reallocated, as per subsection 147(10.3) of the Act. The drafting committee approved Mr. B.N. Rau’s suggestion, who was the constituent assembly’s constitutional advisor, that an individual’s rights should be divided into two groups, i.e., justiciable &non-justiciable. The Constitutional Freedoms, of a justiciable sort, are then fused into Part III and the Directive Principles, of a non-justiciable sort, are combined into Part IV. Provisions such as equal pay for equal work (Article 39(d)) and the right to livelihood are pivotal in addressing gender disparities. Initiatives like Beti Bachao, Beti Padhao, and increasing representation of women in legislatures and local governance show the government’s commitment to these principles.
Judiciary is constructing these neo-fundamental rights by invoking Article 21. DPSP is a reservoir of socio-economic rights and the role of the state is discovered as socio-welfare state. So, it is the duty of the government to implement laws to put this right into reality. Policies of welfare state will not come into effect unless state is able to enact a law. So, one can discover that the entire objective of enactment of DPSP is welfare of the masses.
Capital gains made and capital losses sustained by the plan must be allocated to beneficiaries under the DPSP no later than 90 days after the end of the year in which they were made. The plan can provide for the allocation of unrealized gains and losses, as long as this approach is used consistently from year to year. If the limits are not respected for a calendar year, registration of the DPSP is in a revocable position. The employer will be denied a deduction for contributions made in the year, except as expressly permitted in writing by the Minister. (e) no right or interest of an employee who is a beneficiary under the plan is capable, either in whole or in part, of surrender or assignment.
These principles aim to create a welfare state by promoting policies that enhance the well-being of citizens, reduce inequalities, and ensure a just society. While not legally enforceable, DPSPs are fundamental in governance, directing the state to prioritize goals such as adequate livelihood, equitable wealth distribution, and environmental protection. Inspired by Ireland’s Constitution and Gandhian ideals, they complement Fundamental Rights to uphold the Constitution’s vision of a balanced democracy. The Directive Principles of State Policy (DPSP) are one of the most significant features of the Indian Constitution. They are enshrined in Part IV of the Constitution, covering Articles 36 to 51, and serve as fundamental guidelines for the central and state governments in India to frame laws and policies. While the Fundamental Rights ensure civil and political liberties for citizens, the DPSPs aim to establish social and economic democracy in the country.
While Fundamental Rights are enforceable by the courts, Directive Principles are not. Both aim to create a just society and should be read together to understand their full impact. The DPSP of Indian Constitution and Fundamental Rights together form the core of the Indian Constitution, balancing individual freedoms with the goal of social welfare. Some of the Directive principles were made from the ideology of Mahatma Gandhi. Policies were introduced as an approach to meet Gandhiji’s principles of establishing a homogeneous and conforming society. Issues at the grass root level were real close to him and he had always worked for the welfare of underprivileged and minorities.
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Implementing certain directives requires careful balancing of cultural diversity and national unity, which makes progress slow and contentious. Article 51 directs the state to promote international peace and friendly relations with other nations. DPSPs were borrowed from the Irish Constitution, which in turn had drawn inspiration from the Spanish Constitution. The framers of the Indian Constitution incorporated DPSPs to ensure that the state would strive for the economic and social well-being of its citizens.
The purpose of Directive Principles of State Policy (DPSP), mentioned in Part IV of our Constitution is that they are instrument of instructions to the government. Government uses these instructions to carry out policies which meet the needs of weaker and marginalised sections of the society. It is used to fill the gaps between ‘haves’ and ‘have-nots’ and to provide social and economic justice to every section of the society. It is a very high ideal and it is not possible to achieve this in a day or two.