Analyse the classification of Directive Principles of State Policy.

The Directive Principles of State Policy (DPSPs) represent a unique and foundational aspect of the Indian Constitution, enshrined in Part IV, spanning Articles 36 to 51. These principles are not justiciable in a court of law, meaning they cannot be enforced by any court, yet Article 37 explicitly states that “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.” Originating from the Irish Constitution, the DPSPs are designed to serve as a comprehensive socio-economic charter, laying down the ethical and moral guidelines for the State to establish a welfare state in India. They aim to achieve social, economic, and political justice, embodying the ideals of a democratic socialist society by guiding the legislative and executive wings of the government in formulating policies and laws.

The architects of the Indian Constitution envisioned Directive Principles of State Policy as a beacon for future governments, a set of aspirations that would transform India into a society characterized by equality, liberty, and fraternity, beyond mere political freedom. They complement the Fundamental Rights, which guarantee civil and political liberties, by outlining the positive obligations of the State to achieve socio-economic objectives. While Fundamental Rights are prohibitions on the State, DPSPs are positive instructions, providing a framework for progressive legislation and administrative action. Their non-justiciable nature was a conscious choice by the Constituent Assembly, acknowledging the financial and infrastructural constraints of a newly independent nation, yet asserting their moral authority as essential for the country’s development.

• Classification of Directive Principles of State Policy
  • Socialistic Principles
  • Gandhian Principles
  • Liberal-Intellectual Principles
  • Newer Directives and Evolution of DPSPs
  • Relationship Between DPSPs and Fundamental Rights

¶Classification of Directive Principles of State Policy

The Indian Constitution does not formally classify the Directive Principles of State Policy into specific categories. However, for a better understanding and systematic analysis of their objectives and content, they are conventionally classified by scholars and jurists into three broad categories based on their underlying ideological leanings and the nature of the policy directives they contain. These classifications – Socialistic Principles, Gandhian Principles, and Liberal-Intellectual Principles – help in comprehending the diverse aspirations and ideological spectrum that the Constituent Assembly sought to integrate into the foundational document of the nation. It is important to note that many articles might exhibit characteristics of more than one category, reflecting the composite nature of the Indian political philosophy.

¶Socialistic Principles

The Socialistic Principles within the DPSPs aim to establish a welfare state by promoting social and economic justice, minimizing inequalities, and ensuring an equitable distribution of wealth and resources. These principles reflect the commitment of the Indian State to move towards a democratic socialist pattern of society, where the state plays an active role in socio-economic development and reduction of disparities. They are geared towards securing a fair and just social order, focusing on the well-being of the working class, the poor, and the vulnerable sections of society.

Key Articles Reflecting Socialistic Principles:

• Article 38: This article mandates the State to strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic, and political, shall inform all the institutions of national life. The 44th Amendment Act of 1978 added a clause directing the State to minimize inequalities in income, status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. This article forms the bedrock of the State’s commitment to socio-economic justice.
• Article 39: This comprehensive article outlines several principles of policy to be followed by the State to secure:
  • Article 39(a): That the citizens, men and women equally, have the right to an adequate means of livelihood. This is fundamental to ensuring basic economic security for all.
  • Article 39(b): That the ownership and control of the material resources of the community are so distributed as best to subserve the common good. This principle underpins policies related to land reforms, nationalization of industries, and public sector undertakings.
  • Article 39(c): That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. This aims to prevent monopolies and economic exploitation.
  • Article 39(d): That there is equal pay for equal work for both men and women. This is a crucial directive for gender equality in employment.
  • Article 39(e): That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. This emphasizes protection against exploitation.
  • Article 39(f): 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. This sub-clause was added by the 42nd Amendment Act of 1976, highlighting the State’s responsibility towards child welfare.
• Article 39A: Inserted by the 42nd Amendment Act of 1976, this article directs the State to secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This is crucial for access to justice for the poor.
• Article 41: This article directs the State to make effective provision for securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want. This forms the basis for various social security schemes and welfare programmes.
• Article 42: The State shall make provision for securing just and humane conditions of work and for maternity relief. This directive aims to protect the dignity and health of workers, especially women.
• Article 43: This article mandates the State to endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas. The focus here is on ensuring a respectable quality of life for workers.
• Article 43A: Inserted by the 42nd Amendment Act of 1976, this article states that the State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments, or other organizations engaged in any industry. This promotes industrial democracy and worker empowerment.
• Article 47: While also containing Gandhian elements, its primary emphasis on raising the level of nutrition and the standard of living of its people and the improvement of public health aligns with socialistic goals. This includes measures like the provision of wholesome food and health services.

These socialistic principles have guided significant legislative actions in India, including the nationalization of banks, land reforms, minimum wage acts, provident fund schemes, the Maternity Benefit Act, the Employees’ State Insurance Act, and various poverty alleviation and employment generation schemes like MGNREGA.

¶Gandhian Principles

The Gandhian Principles are based on the ideals and philosophy of Mahatma Gandhi, reflecting his vision for a decentralized, self-sufficient, and morally upright society. These principles aim to promote rural development, social equality, and a particular ethical framework, which Gandhi believed was essential for India’s progress. They emphasize the importance of village self-governance, cottage industries, and the upliftment of the weaker sections of society, along with a focus on moral values and animal welfare.

Key Articles Reflecting Gandhian Principles:

• Article 40: This fundamental directive states that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. This embodies Gandhi’s vision of ‘Gram Swaraj’ (village self-rule) and led to the 73rd and 74th Constitutional Amendment Acts, which institutionalized Panchayati Raj Institutions and Urban Local Bodies.
• Article 43: While also a socialistic principle due to its focus on living wage, the latter part of this article explicitly directs the State to “endeavour to promote cottage industries on an individual or co-operative basis in rural areas.” This aligns perfectly with Gandhi’s advocacy for decentralized production and rural economic self-reliance.
• Article 43B: Inserted by the 97th Amendment Act of 2011, this article directs the State to endeavour to promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies. Co-operatives were central to Gandhi’s model of economic organization, promoting self-help and community development.
• Article 46: This article obliges the State to promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. This reflects Gandhi’s deep concern for the upliftment of the untouchables (Harijans) and other marginalized groups.
• Article 47: While appearing under socialistic principles for public health, this article also directs the State to endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. This is a direct reflection of Gandhi’s emphasis on moral sobriety and abstinence.
• Article 48: This article directs the State to endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. While the ‘modern and scientific’ aspect is liberal, the prohibition of cow slaughter is a strong Gandhian principle rooted in respect for all life and the economic significance of cattle in rural India.

The implementation of Gandhian principles has manifested in various government initiatives such as the establishment of Panchayati Raj systems, promotion of Khadi and Village Industries, schemes for tribal welfare, and occasional pushes for prohibition policies in some states.

¶Liberal-Intellectual Principles

The Liberal-Intellectual Principles reflect a more modern, liberal, and progressive outlook, aiming to establish a just, enlightened, and efficient administrative system, and promote universal values. These principles are concerned with aspects such as the rule of law, modern scientific approach, environmental protection, separation of powers, and the promotion of international peace. They indicate a desire for a rational and well-ordered society, consistent with global best practices and evolving human rights norms.

Key Articles Reflecting Liberal-Intellectual Principles:

• Article 44: This article mandates the State to endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. This aims at replacing personal laws based on religious scriptures and customs with a common set of laws governing marriage, divorce, inheritance, and adoption, promoting national integration and gender equality.
• Article 45: Originally, this Article 45 directed the State to provide free and compulsory education for all children until they complete the age of fourteen years within ten years from the commencement of the Constitution. After the 86th Amendment Act of 2002, this obligation for elementary education was elevated to a Fundamental Right (Article 21A). Article 45 now directs the State to “endeavour to provide early childhood care and education for all children until they complete the age of six years.” This reflects a commitment to foundational education and development.
• Article 48: While its prohibition on cow slaughter is Gandhian, the directive to “organize agriculture and animal husbandry on modern and scientific lines” squarely falls under the liberal-intellectual category. This encourages the adoption of advanced techniques and research for agricultural development.
• Article 48A: Inserted by the 42nd Amendment Act of 1976, this article directs the State to endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. This reflects a growing global awareness of ecological concerns and the State’s responsibility towards environmental conservation.
• Article 49: The State is mandated to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal, or export, as the case may be. This reflects a commitment to preserving national heritage and cultural legacy.
• Article 50: This article directs the State to take steps to separate the judiciary from the executive in the public services of the State. This is a fundamental principle of good governance, ensuring judicial independence and upholding the rule of law.
• Article 51: This crucial article lays down India’s foreign policy objectives. It directs the State to:
  • Article 51(a): Promote international peace and security.
  • Article 51(b): Maintain just and honourable relations between nations.
  • Article 51(c): Foster respect for international law and treaty obligations in the dealings of organized peoples with one another.
  • Article 51(d): Encourage settlement of international disputes by arbitration. This highlights India’s commitment to peaceful international relations and a rule-based global order.

These liberal-intellectual principles have led to significant policy developments, including the enactment of environmental protection acts, the establishment of independent judiciary, efforts towards a Uniform Civil Code (though largely unimplemented), and India’s active role in international diplomacy and organizations.

¶Newer Directives and Evolution of DPSPs

Beyond these traditional classifications, several Directive Principles have been added or amended over time, reflecting the evolving needs and priorities of the nation. These additions underscore the dynamic nature of the Indian Constitution and its adaptability to contemporary challenges.

• The 42nd Amendment Act of 1976 added four new Directive Principles:
  • Article 39A: To promote equal justice and provide free legal aid to the poor.
  • Article 43A: To secure the participation of workers in the management of industries.
  • Article 48A: To protect and improve the environment and safeguard forests and wildlife.
• The 44th Amendment Act of 1978 added Article 38(2), directing the State to minimize inequalities in income, status, facilities, and opportunities.
• The 86th Amendment Act of 2002 changed the subject matter of Article 45. It made elementary education a fundamental right under Article 21A and substituted Article 45 with a new directive regarding early childhood care and education for children below the age of six years.
• The 97th Amendment Act of 2011 added Article 43B, dealing with the promotion of cooperative societies.

These amendments demonstrate the State’s continuous commitment to expanding the scope of socio-economic justice, environmental protection, and participatory governance, aligning the constitutional directives with national development goals and global trends.

¶Relationship Between DPSPs and Fundamental Rights

The classification of DPSPs also helps in understanding their complex relationship with Fundamental Rights (FRs). While FRs are justiciable and legally enforceable, DPSPs are not. This has led to judicial debates and conflicts, particularly when the implementation of a DPSP seemingly infringes upon an FR. The judiciary, over time, has evolved a doctrine of harmonious construction to resolve such conflicts.

Initially, in cases like Champakam Dorairajan v. State of Madras (1951), the Supreme Court held that in case of a conflict, Fundamental Rights would prevail over DPSPs. However, the Parliament responded by amending the Constitution (e.g., First Amendment, Fourth Amendment, Seventeenth Amendment) to enable the implementation of certain DPSPs.

The landmark judgment in Kesavananda Bharati v. State of Kerala (1973) established the ‘Basic Structure Doctrine’, affirming Parliament’s power to amend the Constitution but not its basic structure. This case also hinted at the complementary nature of FRs and DPSPs, stating that they together constitute the “conscience of the Constitution.”

The Minerva Mills v. Union of India (1980) case further clarified that the “harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution.” The Court stated that DPSPs are not subordinate to FRs, but rather complementary, and that the State must strive to achieve the goals of DPSPs without abrogating or emasculating Fundamental Rights. It emphasized that both are equally important and should be interpreted in a way that allows them to co-exist and further the constitutional goal of a welfare state. Article 31C, inserted by the 25th Amendment Act, provided that laws made to give effect to Articles 39(b) and 39(c) could not be challenged on the grounds of violating Articles 14, 19, or 31 (right to property, which was later removed from FRs). The 42nd Amendment extended this protection to all DPSPs, but this broader protection was struck down by the Supreme Court in the Minerva Mills case, reaffirming the supremacy of Fundamental Rights in certain aspects, while still recognizing the guiding role of DPSPs.

The classification of DPSPs helps in understanding the broad categories of state action envisioned by the constitution-makers. The Socialistic principles aim at achieving economic equality and social justice, leading to policies on land reforms, nationalization, and welfare schemes. The Gandhian principles guide rural development, promotion of cottage industries, and upliftment of marginalized sections. The Liberal-Intellectual principles push for modern governance, environmental protection, separation of powers, and international peace. This diverse set of directives ensures that the State, while governing, addresses a wide spectrum of socio-economic, political, and environmental concerns.

The Directive Principles of State Policy, though not directly enforceable, serve as a fundamental guide for governance, influencing a vast array of legislative and executive actions since the inception of the Indian Republic. Their classification, though conventional and not explicit in the constitutional text, provides a crucial analytical framework to understand the diverse ideological underpinnings and comprehensive aspirations embedded within Part IV of the Constitution. This categorization into Socialistic, Gandhian, and Liberal-Intellectual principles helps illuminate the multi-faceted approach envisioned by the framers for building a welfare state that balances social equity, grassroots empowerment, and modern, rational governance.

Ultimately, the DPSPs represent the conscience of the Indian Constitution, a set of moral imperatives that reflect the vision of India as a nation committed to justice, liberty, equality, and fraternity. Their continuous relevance is evident in the ongoing efforts to implement policies aligned with their spirit, such as the Right to Education Act, Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), environmental protection laws, and various social security schemes. The dynamic interplay between these principles and Fundamental Rights, as interpreted by the judiciary, ensures that India’s constitutional framework remains a living document, striving to achieve the delicate balance between individual liberties and collective well-being, paving the way for a truly inclusive and developed society.