In this essay we will discuss about the directive principles of state policy. After reading this essay you will learn about:- 1. Subject-Matter of Directive Principles of State Policy 2. Some Directive Principles 3. Directive Principles and Fundamental Rights 4. Clashes between Fundamental Rights and Directive Principles 5. Implementation of Directive Principles 6. Critical Evaluation of Directive Principles.
List of Essays on the Directive Principles of State Policy
Essay Contents:
- Essay on the Subject-Matter of Directive Principles of State Policy
- Essay on the Directive Principles
- Essay on the Directive Principles and Fundamental Rights
- Essay on the Clashes between Fundamental Rights and Directive Principles
- Essay on the Implementation of Directive Principles
- Essay on the Critical Evaluation of Directive Principles
1. Essay on the Subject-Matter of Directive Principles of State Policy:
Directive Principles of State Policy provide essential guide-lines both for the state as well as the citizens for establishing economic democracy in India. The Constitution makers in India did not force on the people any particular economic system but they only tried to suggest a system which could be most suited to Indian conditions.
With the passing of Forty-Second Constitution Amendment Act, it has been provided that India shall be a socialist democracy but socialism is not in the traditional sense but in the sense which suits Indian conditions.
According to our Constitution Directive Principles, as against Fundamental Rights, are not justifiable in the courts of law. It is for the first time that a Part of Constitution (Part IV) has been devoted to these Principles. Earlier to this, the Government of India Act, 1935 also contained an Instrument of Instructions to the Governor-General and the Governors, but these instructions were for the executive government.
Present Directives are however, for the Parliament and state legislatures. Whereas the Instrument of Instructions had no public opinion behind it, the Directives have force of public opinion behind them Constitution makers in India drew their inspiration from the Irish constitution for incorporating these Directives in the constitution.
There are some other countries of the world which have also incorporated directive principles in their constitutions. Thus, Constitution of India is not the first constitution to contain Directive Principles of State Policy.
2. Essay on the Directive Principles:
Constitution makers wanted to give the people of India maximum rights but due to the country’s social, economic, political and other conditions, it was not possible for them to give much to the people in the form of Fundamental Rights.
Accordingly, whatever, they considered possible or feasible, they gave that the people in the form of Fundamental Rights and the rest they incorporated in the form of Directive Principles with the desire that with the passage of time, these might become justiciable rights. These Principles incorporate Gandhian philosophy and Socialistic ideas.
These enjoin upon the governments to:
(a) Socialistic Principles:
(1) Promote welfare of the people by securing and protecting a social order. (Article 38)
(2) Provide to all adequate means of livelihood. (Article 39)
(3) See that material resources of the country are distributed for common welfare.
(4) See that means of distribution are used for the interest of community.
(5) See that equal wages are paid for equal work.
(6) See that the citizens are not forced to follow a vocation which is unsuited to their health.
(7) See that there is no exploitation of children and youth.
(8) See that all people get employment, education and public assistance in the case of un-employment. (Article 41)
(9) See that conditions of work are just and humane. (Article 42)
(10) See that all have minimum wages and full social and cultural opportunities. (Article 43)
(11) Ensure that weaker sections of the society are given proper care. (Article 46)
(12) See that the State maintains public health by raising the level of nutrition. (Article 47)
(b) Gandhian Principles:
(13) State shall organise village Panchayats. (Article 40)
(14) State shall promote the welfare as well as educational and economic interests of weaker sections of society. (Article 46)
(15) State shall try to promote cottage industries (Article 47)
(16) State shall protect breeds of milch cows and try to ban their slaughter (Article 48)
(17) The state shall try to introduce prohibition. (Article 47)
(c) Liberal Principles:
(18) The State shall try to give to the people a uniform civil code throughout the Union of India. (Article 44)
(19) It shall try to give to the people free compulsory primary education to children below 14 years of age. (Article 45)
(20) That it shall try to develop agriculture on scientific lines.
(21) That it shall try to separate the executive from the judiciary. (Article 50)
(22) That it shall try to promote international peace and co-operation. (Article 51)
With the passing of Forty-Second Constitution Amendment Act, some more Directives were added for the State.
Article 39 of the Constitution was modified. In place of existing clause (f) which read as follows:
That childhood and youth are protected against exploitation and against moral and material abandonment, the following Article was substituted:
“(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.”
In addition, a new Article 39A was added to the constitution under which provision was made for equal justice and free legal aid. By this Article it was provided that:
“The state shall secure that the operation of the legal system promotes justice, on the 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 and other disabilities.”
Then a new Article, 43A was added, which provided for workers participation in the management. This Article provided that 43A. The State shall take steps by suitable legislation or in any other way to secure the participation of workers participation in management of undertakings, establishments or other organisations engaged in any industry’.
A provision was also made for the improvement of environments, by incorporating Article 48A of the Constitution. This Article says that:
‘The State shall endeavour to protect and improve the environments and to safeguard the forests and wild life of the country’.
Forty-Fourth Constitution Amendment Act touched Art 38 of the Constitution. It provided for removal of inequalities in income. It reads:
‘(2) The state shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only among the individuals but also amongst the group of people residing in different areas or engaged in different vocations.’
In addition, it is also provided that the state shall protect monuments and objects and places of national importance. (Art 49)
3. Essay on the Directive Principles and Fundamental Rights:
As already said our constitution makers desired to incorporate all these Principles in the form of Fundamental Rights, but due to prevailing conditions they could not cherish their desire. Therefore, distinction between the two had to be maintained.
The most important distinction between the two is that the Rights are justiciable in the courts of law which have been given the power of judicial review. Each and every citizen has a right to knock the door of the court of law and to appeal that his Rights are or a particular Right is being violated.
If the courts of law feel necessary, these can also declare such laws or a particular law as unconstitutional or ultra-vires of the Constitution. But the Principles are not justiciable. It is up to the state to see whether to accept or not to implement a particular Directive. The citizens cannot get these enforced through courts of law.
Then another difference between the two is that the Directives are directions for the state and make it necessary for it to carry out these directions. Thus, these are of positive nature. On the other hand, the Rights desire the state not to do a particular thing.
Thus these forbid the state from taking few steps. In nature and character the Rights are prohibitive. By now it is also established that the Directive Principles cannot over ride the Fundamental Rights. In other words the Directive Principles are subsidiary to Fundamental Rights.
In the words of Shukla, “A harmonious construction has to be placed on the Constitution and so interpreted it means that the state should certainly implement Directive Principles but it must do so in such a way that its laws do not take away or abridge the Fundamental Rights for otherwise the protecting-provisions of Chapter III will be a mere rope of sand. The Directive Principles have to conform to and run as subsidiary to chapter on Fundamental Rights.”
Directive Principles are fundamental in the sense that Part III and Part IV of the Constitution do not run parallel to each other.
What the Constitution makers have done is that they have placed principles of social justice above individual rights and where necessary the latter have been subordinated to give effect to the former.
Supreme Court in the case of State of Madras Vs. Champaka Dararairajan has observed, “However, as long as there is no infringement of any Fundamental Right … there can be no objective to the state acting in accordance with the Directive Principles set out in Part IV….”
Some of the critics are of the opinion that inclusion of Directive Principles of State Policy are useless because these are non-justiciable. Since the courts of law cannot check their violation, these cannot be more than pious wishes. The state is at liberty to violate these at its own whim and will.
It is also said that these are very vague and in the words of Prof. N. Srinivasan, “It combines rather incongruously the modem with the old and provisions suggested by reason and science with provisions based purely on sentiment and prejudice.”
It is also said that these are unsound and cannot be followed at all times. Ours is a democratic state and all political parties cannot be expected to follow the same economic set-up which has been suggested by the Principles. Therefor it is pointed out that these Principles are useless and should not have been included in our constitution.
4. Essay on the Clashes between Fundamental Rights and Directive Principles:
Constitution fathers were very keen that both Fundamental Rights and Directive Principles should have intimate relationship and should be complementary and not contradictory to each other. They viewed both these as instruments for building a welfare society for India.
The Supreme Court of India in the case of Chandra Bhavan Boarding and Lodging Bangalore Vs. the State of Mysore and Others held as early as in 1970 that, “We see no conflict on the whole between the provisions contained in Part III and Part IV. They are complementary and supplementary to each other…. the mandate of Constitution is to build a welfare society in which justice, social, economic and political shall inform all institutions of our national life.”
But in actual practice both these did not work as per expectations of the founding fathers of the constitution.
There were frequent clashes between the two. It was generally believed that Fundamental Rights being justiciable have prior position whereas Directive Principles being not justiciable have lower position. The courts knocked down several laws passed by the governments to implement Directive Principles on the plea that these violated Fundamental Rights(s) as enshrined in Part IE of the constitution.
Accordingly certain Constitution Amendments had to be made.
In 1951, Art 15 had to be amended by the addition of a new clause (4) by which government got powers to take special steps for the admission of socially and educationally backward classes in educational institutions not withstanding the provisions of Art 29(2) which prevents discrimination in admission in educational institutions maintained or aided by the state.
This amendment also affected Ninth schedule of the constitution as well.
Constitution was again amended in 1955. Fourth Amendment of the Constitution passed in that year became necessary because Supreme Court held in the case of Kameshwar Singh Vs. Bella Banerji that compensation for acquisition of public property meant compensation at market price.
By this constitution amendment it was provided that if any property was acquired by the state for public purposes, the same shall not be called in question in any court on the ground that the compensation provided by law was not adequate.
In 1967, the Supreme Court gave its historic judgment in Gokal Nath case in which it held that the state should certainly implement Directive Principles but while implementing these it must ensure that the Fundamental Rights are not abridged.
In 1972, Constitution 24th and 25th Amendment Acts were passed. 24th Amendment of the Constitution provided that no law shall be called in question on the ground that the amount fixed for compensation for acquisition of property was not adequate.
The powers of courts were, thus, considerably curtailed. In 1973, the Supreme Court, however, ruled in Keshavnanda Bharati case that Parliament while amending Fundamental Rights could not amend basic structure of the constitution.
In 1977 was passed 42nd Constitution Amendment Act which provided that Parliament could amend any part of the Constitution and that the Supreme Court could not declare any constitution amendment as null and void. By this amendment Fundamental Rights were subordinated to Directive Principles. Thus, relationship between the two was completely reversed.
This amendment was challenged in famous Minerva Mill case which struck down amended Art 31(3) on the ground that it violated basic structure of the constitution. Thus, Directive Principles again got a subordinate position as compared with Fundamental Rights.
Desire for Harmonious Relationship:
Though conflict between the two for having superior position has been going on for quite some time yet there has all along been a desire by every state institution and organisation that both should work harmoniously. These should be viewed supplementary to each other.
In the words of Justice Hegde and Justice Mukerjee, “The Fundamental Rights and Directive Principles constitute the conscience of our constitution. The purpose of Fundamental Rights is to create an egalitarian society, to free all citizens from coercion or restriction by society and to make liberty available to all. The purpose of Directive Principles is to fix certain social and economic goals for immediate attainment by bringing about a non violent social revolution.”
Thus, both cannot be contradictory for achieving the goal of welfare state as contemplated by the constitution Both therefore, should work harmoniously.
More specifically this relationship has been clarified by Justice Chandrachud when he said, “Our constitution aims at bringing about a synthesis between Fundamental Rights and Directive Principles of the state policy by giving to the former a pride of place and the latter a place of permanence. Together and not individually they form the core of constitution.”
5. Essay on the Implementation of Directive Principles:
But the criticism advanced by these critics has not very much come true. In India governments have tried to honour the Principles in true spirit and also accepted these as then- guidelines. Efforts are afoot to completely separate the executive from the legislature.
The system of compulsory primary education has already been introduced. In some states even higher education is free for certain categories of citizens. Almost every State in India is providing free compulsory primary education. In some States Prohibition was introduced and when Janata Party came to power in 1977, it made every bid to see that Prohibition is introduced all over the country.
Dry days were then increased and the Central Government came out with liberal financial assistance for the states which wanted to completely introduce Prohibition.
Panchayati raj system has been introduced and the Principle of democratic decentralisation of authority has already become an accepted Principle. Constitution has been amended to give more powers to Panchayats, both financial and administrative.
The amendment provides for regular holding of panchayat elections and involvement of village people in planning process. In order to uplift the scheduled castes and schedule tribes as well as other backward classes, seats have been reserved for them in all services and also in elected bodies.
The representation of people belonging to these castes had been made compulsory at Panchyat level. A special drive was launched in 1989 to fill all vacant posts in public services which could not be filled so far. In order to maintain international peace and harmony, India has followed policy of non-alignment and has also actively co-operated with world organisations.
India’s famous ‘Panch Sheel’ has been much appreciated as a bid for maintaining international peace and harmony.
The state is trying to provide employment to the people and is today the biggest employer. A separate body has been made responsible for holding elections of panchyat bodies regularly. Free mid-day meal scheme for school children all over the country has been introduced. In many states monthly maintenance allowance is given to the aged and the widows.
In accordance with the Directive Principles of State Policy the ownership and control of material resources of the community are being distributed for common good of the society. Accordingly zamidari and jagirdari systems have been abolished. Steps have been taken for improving working conditions of cultivators.
Land-holding ceilings have been fixed in many states. In order to avoid concentration of economic resources in few hands, banks, life insurance business has been nationalised.
Similarly many private industries have been taken over by the government to sub-serve common good. To check exploitation of workers several factory laws have been passed. For the promotion of cottage industries several Boards have been set-up like Small-Scale Industries Board, All India Khadi and Village Industries Board, etc. With the help of Community Development Programmes efforts have been made to raise living standard of rural people. Several steps have been taken to improve agriculture and animal husbandry. In many states executive has been separated from judiciary.
In accordance with Art 51, the Parliament has passed Protection of Human Rights Acts and a National Human Rights Commission has been set up which has already started functioning. It will look into all cases of human rights violation and submit its report to the Parliament.
The Government’s in India from time to time have been passing legislations and setting up organisations and institutions to ensure that the ‘Directives’ are fully well-implemented. In order to look after the health of workers of organised sectors. Employees State Insurance Scheme and hospitals have been started. Several Land Reform Acts have been passed.
Works men Compensation Act and Minimum Wages Acts have top been passed. Free legal aid institutions and bodies have been set up all over the country. Special stress is being laid to see that the people belonging to scheduled castes, scheduled tribes and other backward classes are provided drinking water and educational facilities at an increased level, than at the level at which these are now being provided.
In order to implement the Directives about organisation of agriculture on scientific lines several dams and river projects have been started and factories have been set up all over the country to produce good manure and agricultural equipments. Bandhs are being constructed on the rivers so that flood waters do not devastate standing crops and there is no soil erosion.
Indian Council of Agricultural Research at the national level and several agricultural universities set up in different states, are researching agricultural problems and are trying to provide a sound scientific base to country’s agricultural system.
Some of the states have decided to give unemployment doles to unemployed graduates. Under the newly started Jawahar Rozgar Yojana those living below poverty line will be provided employment at least for 150 days in a year.
Child Marriage Restraint Acts have been passed so that child marriage is forbidden and the children are not subjected to health hazards. The State has fixed working hours for each section and category of workers and permitted them to organise themselves in trade unions.
To condemn these Principles, for not being justiciable is also not correct, because real force behind these Principles is the will of the people. If the party in power violates these and the people do not object to that, that of course, is a different situation and in that case the government will, of course, continue to violate these.
But if the people really love these Principles, they will force the government to honour these at all costs. Dr. Ambedkar himself made it clear that, “It was not the intention of the framers to prescribe any rigid programme for the attainment of the ideal of democracy …. But the framers desired to prescribe that every government …. shall try to bring about economic democracy. They constitute a very comprehensive political, social and economic programme for modern democratic state.”
6. Essay on the Critical Evaluation of Directive Principles:
But it appears that something went wrong somewhere and the principles enunciated in the Directive Principles could not be fully implemented. Unemployment in the country has been increasing and the gap between the rich and the poor has much widened.
Wealth has got concentrated just in few families and monopolistic tendencies have found much encouragement. There are complaints that the people belonging to scheduled castes, scheduled tribes and other backward classes are not getting fair treatment and Directives in their cases are not being fully implemented.
In 1975, internal emergency was declared in the country and 20-point programme became key of nation’s social and economic system. Many points were in keeping with the Directives Principles and steps were taken to implement Directives more earnestly than ever before. In fact, these Principles were placed above the Fundamental Rights.
Age old bonded labour was abolished and in some of the states old debts were written off. Rural indebtedness was ended to the extent possible. Sick textile mills were taken over by the government and Jhuggi Jhonpri dwellers were settled in re-settlement colonies.
In 1976, Parliament enacted a law providing for equal wages for equal work. Steps were taken to stop strikes and lockouts and smuggling as well as black-marketing. Public distribution system was strengthened. Bonded labour system was legally abolished.
With the passage of time, these Directives are getting more and more importance. In the case of Kesava Bharti vs. the State of Kerala, Justice Beg opined, “It is not right to characterise the Fundamental Rights contained in Part III as merely the means whereas the Directive Principles contained in Part IV as the ends of endeavours of the people to attain the objectives of their constitution. On the other hand, it would be more correct to describe the Directive Principles as laying down the oath which was to be pursued by our Parliament and State legislatures in moving towards the objectives contained in the Preamble.”
During the period of Emergency (1975-77) it was made amply clear that the Directive Principles are more important than the Fundamental Rights. But in 1977, when Janata Party came to power, its declared policy was that it would follow the “spirit of Constitution makers by which Fundamental Rights have prior place over the Directives.”
In 1980, Congress (I) came to power. It again said that in its view Directives are more important than the Rights and that the government would do everything in its power to implement these Principles of the constitution.
While discussing the importance of Directive Principles Justice Mukherjee and Justice Hegde once said, “The purpose of Directive Principles is to fix certain social and economic goals for immediate attainment by bringing about a non-violent social revolution.
Through such a social revolution the Constitution seeks to fulfill the basic needs of the common man and to change the structure of our society.†But as of now Fundamental Rights are considered more important than the Directive Principles, though efforts are being made to implement the latter as well.
Difficulties on the Way of Implementation:
There are, however, several difficulties on the way of implementation of these Principles. One such difficulty is that the states have no adequate financial resources to implement the Directives. Implementation of every Directive means huge financial lay out which the country cannot afford. Then another difficulty is that the country is faced with so many problems that the Directives do not fall in high priority category.
The people on the whole have not raised strong voice against the neglect of the Directives or at least paying less heed to these. But a serious difficulty on the way of implementation of Directive comes Directives when that comes to the implementation of a Directive which is directly or indirectly concerned with a religious community.
Much hue and cry raised by the leaders of religious community when the Supreme Court suggested implementation of Directive about uniform civil code.