Directive principles of state policy (DPSP) Part 4

Introduction

The Directive Principles of State Policy (DPSPs) are enshrined in Articles 36 to 51 in Part IV of the Constitution. The Directive Principles of State Policy (DPSP) of the Indian Constitution are guidelines and principles enshrined in the Indian Constitution that are aimed at directing the State in its governance and policymaking to ensure the welfare of the people and the establishment of a just society.

DPSPs are considered fundamental to the governance of India and are integral to the country’s constitutional framework. The Constitution does not contain any classification of Directive Principles articles 36 to 51. 

However, Directive Principles articles 36 to 51 can be broadly classified into three categories based on their content and orientation- 

Socialistic Principles 

Article 36: To promote the welfare of the people by securing a social order permeated by justice—social, economic, and political—and to minimize inequalities in income, status, facilities, and opportunities. 

Article 39: To secure

• The right to adequate means of livelihood for all citizens, 
• The equitable distribution of material resources of the community for the common good, 
• Prevention of concentration of wealth and means of production, 
• Equal pay for equal work for men and women, 
• Preservation of the health and strength of workers and children against forcible abuse, 

Opportunities for the healthy development of children. 

• Article 39 A: To promote equal justice and to provide free legal aid to the poor.
• Article 41: To secure the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement  
• Article 42: To provide just and humane conditions of work and maternity relief. 
• Article 43: To secure a living wage, a decent standard of living, and social and cultural opportunities for all workers. 
• Article 43A: To 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. 

Gandhian Principles under DPSP

• Article 40: To organize village panchayats and endow them with the necessary powers and authority to enable them to function as units of self-government.
• Article 43: 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 46: To promote the educational and economic interests of SCs, STs, and other weaker sections of society and to protect them from social injustice and exploitation.  
• Article 47: To prohibit the 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. 

Liberal-Intellectual Principles: DPSP

• Article 44: To secure for all citizens a Uniform Civil Code throughout the country.
• Article 45: To provide early childhood care and education for all children until they complete the age of six years. 
• Article 48: To organize agriculture and animal husbandry on modern and scientific lines. 
• Article 48A: To protect and improve the environment and to safeguard forests and wildlife. 
• Article 49: To protect monuments, places, and objects of artistic or historic interest which are declared to be of national importance. 
• Article 50: To separate the judiciary from the executive in the public services of the  State. 
• Article 51: – To promote international peace and security and maintain just and honorable relations between nations. 
  • To foster respect for international law and treaty obligations and  
  • To encourage the settlement of international disputes by arbitration Amendment in Directive principles of state policy 

Several amendments have taken place in Directive principles into the original list. These New principles are listed below: 

42nd Amendment Act 1976 

• Article 39 To secure opportunities for the healthy development of children.
• Article 39A To promote equal justice and to provide free legal aid to the poor.
• Article 43A To take steps to secure the participation of workers in the management of industries. 
• Article 48A To protect and improve the environment and to safeguard forests and wildlife. 

44th Amendment Act of 1978 

• Article 38 To minimize inequalities in income, status, facilities, and opportunities. 86th Amendment Act of 2002 
• Article 45 – This Amendment Act has changed the subject matter of Article 45 and made elementary education a Fundamental Right under Article 21A.  
  • The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.  

97th Amendment Act of 2011 

Article 43B: It requires the state to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies. 

Significance of DPSP 

• The Directive Principles of State Policy (DPSP) are non-justiciable, but they are backed by the voice of the people, which serves as the true sanction behind every law. DPSPs lay the philosophical foundations of the welfare system, making it the state’s responsibility to secure welfare through legislation. These principles are more like moral ideals, serving as a moral code for the state. While they may not be enforceable by law, their value as moral guidelines is significant, as the absence of such principles could hinder societal growth.
• A state is governed by its people, and since the government is formed by them, it is crucial to have a set of standards for creating laws in the country. The Directive Principles act as a guide for the government, helping to form policies and laws that ensure justice and welfare within the state.
• DPSPs provide a sense of continuity in governance, as governments change after regular elections, and each new government introduces different policies and laws. These guidelines ensure that every government will adhere to the principles outlined in the DPSPs while framing its laws.
• The Directive Principles can be seen as a positive direction for the state, assisting in the promotion of the social and economic aspects of democracy. DPSPs complement the Fundamental Rights, which provide political rights and freedoms; together, they form a comprehensive framework for the functioning of a democratic society.
• The Directive Principles empower people to hold the government accountable for its actions. A government that disregards these principles can be rejected by the people in favor of one that prioritizes the implementation of the DPSPs.
• The Directive Principles essentially serve as a national manifesto, reflecting the ideas and philosophy of the framers of the Constitution. This understanding helps courts interpret constitutional provisions and develop better laws and policies. Since the Directive Principles are not rigid, they allow for interpretation and application in line with the prevailing circumstances at any given time. 

Mohini Jain v State of Karnataka (1992): DPSP Case Law

Facts  

This petition was brought to challenge the constitutionality of imposing a “capitation fee” (a fee based on the number of persons to whom a service is provided, rather than the actual cost of providing a service) on those people who wanted to enter a private medical school and were not admitted to the “government seats”. These seats are reserved by the Government of India for members of communities that are explicitly recognized by the Indian Constitution as requiring support to overcome historic discrimination or other groups designated by the government. The private medical school charged Rs. 2.000 for students admitted to “government seats”, but Rs. 25.000 for those not admitted to “government seats” from within the state and Rs. 60.000 for students not admitted to “government seats” from a different state. The main issues at stake were whether there is a “right to education” guaranteed to the people of India under the Constitution and whether the charging of capitation fees violates this right and/or the equality clause in Article 14 of the Constitution. 

Issues  

• Whether the right to education is considered a fundamental right under the constitution of India? 
• Whether charging a capitation fee comply with the principle outlined under Article 14? 
• Whether the government notification allow for the collection of capitation fees under the presence of regulation? 

Judgment  

• The Supreme Court ruled that although the right to education is not explicitly guaranteed as a fundamental right under the Constitution, it is evident from the Preamble and the Directive Principles in Part IV that the framers intended for the State to provide education to its citizens.
• The Court then linked the Directive Principle in Article 14, which requires the State to strive to implement the right to education within its economic capacity. It reasoned that this principle establishes a constitutional right to education, as education is fundamental to the fulfillment of the right to life with dignity. The Court connected the right to education with the right to life, asserting that to live a dignified life, an individual must have access to essential rights that enable a life of dignity.
• In its ruling, the Court referred to several cases that held that the right to life goes beyond mere survival, encompassing dignity and necessities such as food, clothing, shelter, and literacy. The Court explained that without dignity, the right to life is incomplete. It was the Court’s view that in India, a dignified life can only be achieved through education, making it fundamental to the right to life, and thus an obligation of the State to ensure access to education.
• The Court further held that access to education must be available to all individuals, regardless of their socio-economic status. If the government chooses to meet its obligation through private educational institutions, it creates an agency relationship, obliging these institutions to fulfill the State’s constitutional duty. These private institutions must adhere to the same rules and cannot charge higher tuition fees than those set for “government seats.”
• The Court ruled that a “capitation fee” renders education unaffordable and thus inaccessible to the poor. It also determined that such a fee is arbitrary and violates Article 14 (the Equality Clause) because it bases admission on income rather than merit.  Ultimately, the Court found that this fee was not a tuition fee as claimed by the respondents but a capitation fee, which violates the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act.