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DPDP in the constitution of India has been modeled after the Irish constitution, which itself is based on the concept of people as formulated in the Spanish Constitution. These principles are the foundation of Part IV (Articles 36 Vs 51) of the Indian Constitution and are intended to provide socio-economic justice and lead to a state that was a welfare state. These principles are not justiciable as provided in Article 37 although they play essential parts in the governance of the country.

DPSP vs. Fundamental Rights

Feature Fundamental Rights DPSP
Nature Justiciable and enforceable Non-justiciable
Character Negative – restrict State actions Positive – directive to the State
Objective Protect individual liberty Promote welfare and social justice
Legal Status Legally binding Morally binding
Amendability Can be amended (subject to basic structure) Can be added/amended through Constitution

Classification of DPSPs
1. Socialist Principles

Article Directive
38 Social, economic, and political justice; reduce inequalities
39 Right to livelihood, equitable wealth distribution, equal pay, child and women welfare
41 Right to work, education, and assistance in unemployment, old age
42 Just and humane work conditions, maternity relief
43 Living wage and decent life for workers
43A Worker participation in industrial management
47 Raise nutrition and living standards; public health

2. Gandhian Principles

Article Directive
40 Village panchayats as self-governing units
43 Promote cottage industries in rural areas
43B Promote cooperative societies
46 Educational and economic uplift of SCs, STs and weaker sections
47 Prohibition of intoxicating drinks and drugs
48 Prohibition of cow slaughter and improvement of cattle breeds

3. Liberal Principles

Article Directive
44 Uniform Civil Code
45 Early childhood care and education up to age 6
48 Modernize agriculture and animal husbandry
48A Protect environment, forests and wildlife
49 Protection of monuments and heritage
50 Separation of judiciary from executive
51 Promote international peace and cooperation

DPSPs-related Amendments

  • 42nd Amendment (1976): It introduced articles 39A, 43A and 48A.
  • 44th Amendment (1978): Amendment altered Article 38 with adding clause (2) and the removal of the Right to Property as a Fundamental Right.
  • 86th Amendment (2002): Introduced elementary education (6-14 years) as a Fundamental Right (Article 21A) and changed Article 45.

Key Judgements on DPSP vs FRs

Case Year Judgment Summary
Champakam Dorairajan 1951 Fundamental Rights prevail over Directive Principles
Golaknath 1967 Parliament cannot amend FRs even to implement DPSPs
Kesavananda Bharati 1973 Parliament can amend FRs, but not the basic structure
Minerva Mills 1980 Harmony between FRs and DPSPs is part of the basic structure

Main Laws and Schemes on Implementing DPSPs

  • Land Reforms
    • Termination of zamindari, land ceiling, improvement of tenancy reforms.
  • Labour Welfare
    • Minimum Wages Act (1948)
    • Act on Equal Remuneration (1976)
    • Maternity Benefit Act (1961)
    • Bonded Labour System Abolition Act ( 1976 )
    • Act of prohibition of child labour (1986)
  • Panchayati Raj
    • Article 40 was enforced by the 73rd Constitutional Amendment Act in 1992.
  • Prominent Cottage Industry
    • In persons such as KVIC, silk board, Coir Board, Article 43 is popularized.
  • Education
    • Article 45 and 21A was implemented through the Right to Education Act, 2009.
  • Nutrition and Health
    • PMGSY, NRHM and Ayushman Bharat achieve the objectives of Article 47.
  • Environment
    • Water quality Act (1986),
    • Act on the Protection of Wildlife (1972).
    • Water and Air pollution acts,
    • CPCB was established.
  • Heritage Protection
    • Under Article 49 in Ancient Monuments and Archaeological sites (1958).

International Policies that Fall in Line with DPSPs

  • Global Compact on Migration (2018) was the result of the UN New York Declaration (2016).
  • A number of the DPSPs such as health, education, justice, and environmental sustainability accorded by India are aligned to the SDGs.

Conclusion

The Indian State consists of the ideological, as well as philosophical foundation of DPSPs. They are the non-justiciable obligations of the government, still are the moral obligations. The mutual restoration in Fundamental Rights and DPSPs as suggested in the Minerva Mills case is vital towards equilibrium governing of the Constitution. The need to implement this as a social reality requires constant action on legislation and policy in ensuring greater levels of social developments towards a socialist, secular, democratic republic of India.

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