English

Overview of Directive Principles of State Policy

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Estimated time: 50 minutes
CISCE: Class 12

Key Points: Features of Directive Principles of State Policy

  • The Objective of Part IV Directive Principle of State Policy (DPSP).
  • DPSP are not Enforceable by Courts.
  • DPSP as the Compass of the Constitution. 
CISCE: Class 12

Key Points: Classification of DPSP in Practice

  • DPSP guide the State to build a welfare state.
  • They are divided into Socialistic, Gandhian, Liberal and General Principles.
  • Socialistic – Social justice, equality, workers’ protection.
  • Gandhian – Village self-government and rural development.
  • Liberal & General – Uniform Civil Code, education, environment protection and international peace.
CISCE: Class 12

Difference Between Directive Principles of State Policy and Fundamental Rights

Basis Fundamental Rights (Part III) Directive Principles of State Policy (Part IV)
Nature Negative in nature Positive in nature
Enforceability Justiciable – enforceable by courts Non-justiciable – not enforceable by courts
Purpose Ensure political democracy Ensure socio-economic democracy
Legal Status Have legal and constitutional supremacy Have moral and political importance, but no legal force
Priority in Conflict Prevail over DPSPs in case of conflict Must conform to Fundamental Rights
During Emergency Can be suspended Cannot be suspended, but remain unenforceable
CISCE: Class 12

Key Points: Implementation of Several Directive Principles

  • Zamindari Abolition & Land Reforms – Reduced land concentration and promoted social justice.
  • Local Self-Government – 73rd & 74th Amendments strengthened Panchayats and Urban Bodies.
  • Welfare of Weaker Sections – Reservations and support for SCs, STs, OBCs, women and minorities.
  • Women, Children & Labour Welfare – Laws for protection, minimum wages and worker benefits.
  • Education & Economic Development – Free education, rural programmes and national development plans.
CISCE: Class 12

Key Points: Criticism of Directive Principles of State Policy

  • Lack of Legal Force
  • Mere Declarations
  • Lack of Clarity & System
  • Impracticable in Practice
  • Outdated / Borrowed Ideas  
CISCE: Class 12

Key Points: Justification / Significance of Directive Principles of State Policy

  • Backed by Public Opinion.
  • Foundation of a Welfare State.
  • Moral Ideals of the Constitution.
  • Guide for State Policy.
  • Supplementary to Fundamental Rights.
CISCE: Class 12

Key Points: Reason behind some conflict between Fundamental Rights and Directive Principles

  • Fundamental Rights are justiciable, Directive Principles are non-justiciable.
  • Fundamental Rights focus on civil-political rights, Directive Principles on socio-economic goals.
  • Welfare laws under Directive Principles often restricted Fundamental Rights.
  • Conflict arose over equality, freedom, and property rights.
  • State duty to implement Directive Principles was limited by Fundamental Rights. 
CISCE: Class 12

Key Points: View of the Parliament

  • Implementation of DPSP alone can complete our democracy.
  • Implementation of DPSP constituted a bigger priority than Fundamental Rights.
  • Fundamental Rights can be amended for implementing DPSP.
CISCE: Class 12

Key Points: View of the Supreme Court

  • Earlier view of Supreme Court
  • Champakam Dorairajan case
  • Nature of Fundamental Rights
  • Golaknath case (1967)
  • Kesavananda Bharati & Minerva Mills cases 
CISCE: Class 12

Key Points: The Present Position

  • Parliament can amend Fundamental Rights under Article 368, but not the Basic Structure of the Constitution.
  • Judiciary has the power of judicial review.
  • Fundamental Rights enjoy legal superiority.
  • Article 31(c) is still operative, but protection is limited only to laws implementing Article 39(b) and (c) against Articles 14 and 19.
  • State must implement both FRs and DPSPs together.
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