Lecture on Directive Principles of State Policy (DPSP)

Introduction

• Instructor: Amit Varyani
• Textbook: Indian Polity by M. Laxmikanth (7th Edition)
• Chapter Focus: Directive Principles of State Policy, Part IV of the Indian Constitution
• Recap: Part III covers Fundamental Rights (Articles 12-35)

Directive Principles of State Policy (DPSP)

Purpose and Meaning

• Social, economic, and political justice and equality for Indian citizens
• Directive principles guide the state in policy-making
• Originated from the Irish Constitution, which took inspiration from the Spanish Constitution
• Dr. B.R. Ambedkar termed DPSP as one of the most novel features of the Constitution
• Combination of Fundamental Rights and DPSP forms the philosophical part of the Constitution
• Found in Articles 36-51

Key Concepts

• Non-justiciable: Cannot be enforced in a court of law, unlike Fundamental Rights
• Serve as guidelines and principles for state policies

Sources and Significance

• Adopted from the Government of India Act, 1935 (Instrument of Instructions)
• Promote economic, social, and political democracy
• Instrumental in moving towards a welfare state, not a police state
• DPSPs provide moral obligations, not legal ones

Classification of DPSP

Socialist Principles

• Promote welfare of the people (Article 38)
• Secure right to adequate means of livelihood (Article 39)
• Equal pay for equal work (Article 39(d))
• Protection and improvement of public health and nutrition (Article 47)
• Various principles to aid workers, women, and vulnerable sections of society

Gandhian Principles

• Promote village panchayats (Article 40)
• Prohibit intoxicating drinks and drugs (Article 47)
• Promote cottage industries (Article 43)

Liberal-Intellectual Principles

• Uniform civil code for all citizens (Article 44)
• Early childhood care and education (Article 45)
• Protect environment (Article 48A)
• Separation of judiciary from executive (Article 50)
• Promote international peace and security (Article 51)

Legal and Moral Sanctions

• Not enforceable by courts but still fundamental for governance
• Serve as instruments of instructions for creating laws and policies

Relationship with Fundamental Rights

• Fundamental Rights are justiciable, DPSPs are not
• Both aim to create political and social democracy
• Article 37 states that DPSPs are fundamental in governance

Key Cases and Amendments

1. Champakam Dorairajan Case (1951): Fundamental Rights prevail over DPSPs
2. Golaknath Case (1967): Fundamental Rights cannot be amended
3. Kesavananda Bharati Case (1973): Introduces the Basic Structure Doctrine; Fundamental Rights can be amended but not their basic structure
4. 42nd Amendment (1976): Attempts to make DPSPs supreme over Fundamental Rights
5. Minerva Mills Case (1980): 42nd Amendment partially invalidated; reaffirms balance between Fundamental Rights and DPSPs

Important Amendments and Articles

1. 24th Amendment: Parliament can amend any part of the Constitution
2. 25th Amendment: Adds Article 31C; makes certain DPSPs (39(b) & 39(c)) immune to judicial review if they conflict with Fundamental Rights

Article 31C Details

• Protects laws enforcing Articles 39(b) and 39(c) from being challenged on the grounds of violating Articles 14 and 19

Conclusion

• DPSPs, despite being non-justiciable, play a crucial role in shaping India's socio-economic policies
• Emphasize the state’s role in ensuring justice, equality, and welfare

Next Lecture

• Topic: Fundamental Duties
• Expected to be a shorter session

Study Tips

• Ensure understanding of the classification and significance of DPSPs
• Review key cases to grasp the interplay between Fundamental Rights and DPSPs