DPSP

• Part IV - A36 to 51
• From Irish constitution which in turn from Spanish constitution
• BRA- novel feature
• DPSP + FR = philosophy of constitution and is the soul of the constitution
• Granville Austin - Conscience of the constitution

Features

• Resembles instrument of Instructions of GOI Act 1935
• Comprehensive eco, soc, pol programme
• Aim at justice, liberty, equality & fraternity
• Embody concept of welfare state and not that of police state
• Economic and social democracy
• Non-justiciable but can help court in determining the constitutional validity of a law

Classification of the DPSP

1. Socialist
2. Gandhian
3. Liberal-intellectual

Socialist

• A-38 - Minimise inequalities in income, status, facilities & opportunities
• A39 - Adequate means of livelihood
  • Equitable distribution of material resources
  • Prevention of concentration of wealth
  • Equal pay for equal work
  • Health and strength of workers
  • Opportunities for healthy development of children
• A39A - free legal aid
• A41 - public assistance in case of unemployment, old age, sickness and disablement
• A42 - just and humane condition for work
• A43 - living wage
• A43A - worker participation in management of industries
• A47 - raise the level of nutrition and std of living of people

Gandhian

• A40 - village panchayat, self-government
• A43 - cottage industries
• A43B - co-operations
• A46 - educational and economic interest of SC, ST, weaker sections
• A47 - prohibit liquor
• A48 - prohibit slaughter of cows, calves and other milch and draught cattle

Liberal-intellectual principles

• A44 - UCC
• A45 - care and education till 6 years
• A48 - Agri and animal husbandry in scientific lines
• A48A - safeguard forests and wild life
• A49 - protect monument
• A50 - separate J from Exe
• A51 - promote international peace and security

New DPSP

• 42nd CAA
  • opportunity for healthy development of child
  • Free legal aid
  • Worker participation in management
• 44th CAA
  • Minimise inequalities in income, status
• 86th CAA
  • Education till 6 FR u/A21A
• 97th CAA
  • Co-operative societies

Sanctions behind DPSP

• Sir B N Rau (constitutional advisor) - Rts of individual justiciable(FRs) and non-justiciable(DPSP)
• Non-justiciable
  • No sufficient finance
  • Vast diversity and backwardness
  • Newly born independent Indian state

Criticism of DPSP

• No legal force
  • Pius superfluities
  • A check on a bank payable only when the resources of the bank permit
  • New year's resolutions, which are broke on 2nd Jan
  • Avertible dustbin of sentiments
  • Manifesto of aims and aspirations
  • Moral homily
  • Pious aspirations
• Illogically arranged
• Conservative
  • Outdated
• Constitutional conflict

Utility of DPSP

• Fundamental to the governance of the country
• Life-giving provisions of the constitution
• Philosophy of social justice
• Economic democracy
• Social revolution
• Moral pre-concepts for authorities of the state
• Instrument of instructions
• Beacon-lights to court
• Amplify the preamble
• Stability and continuity in domestic and foreign policies
• Supplementary to the FR - fill the vacuum in Part III
• Social and economic rts
• Political democracy without economic democracy has no meaning
• Enable opposition to exercise influence
• Crucial test on performance on govt
• Serve as a common political manifesto

Conflict between fundamental rights and directive principles

• Champakam Dorairajan case 1951 - FR will prevail over DPSP
  • But parliament can amend FR to give effect to DPSP
• Golaknath case 1967 - FR is sacrosanct and can't be amended for DPSP
  • 24th & 25th CAA reacted to golaknath case and gave parliament power amend FR in A31C
• KB case SC said A31C unconstitutional
  • 42nd CAA made DPSP above FR in reaction to KB case
• Minerva Mills case 1980 - the above made unconstitutional but accepted FR A14 &A19 subordinate to A39(b&c)
  • SC said the Indian constitution is founded on the bed rock of the balance between the FR and DPSP.
  • They together constitute the core of commitment to social revolution.
  • They are like two wheels of the chariot, one no less than the other. To give absolute primacy to one over the other is to disturb the harmony of the constitution.
  • The goals set out by the DPSP have to be achieved without the abrogation of the means provided by the FR
• Therefore FR enjoy supremacy over the DPSP. Yet parliament can amend FR without damaging basic structure

Implementation of DPSP

• PC
• Land reforms
• Nationalisation of banks
• Legal service authority act - free legal aid
• Khadi and village board

DPSP outside Part IV

• A335 Part XVI Claims of SCs and STs to services
• A350A part XVI Instruction in mother tongue
• A351 Part XVII Development of the Hindi Language