Directive Principles of State Policy Summary

Directive Principles of State Policy (DPSP) - Detailed Notes

1. Introduction and Constitutional Basis

The speaker begins by introducing the Directive Principles of State Policy (DPSP), explaining that they are found in Part IV of the Indian Constitution, specifically Articles 36 to 51.

• The DPSP are located in the fourth part of the Indian Constitution.
• The relevant articles are from Article 36 to Article 51.

2. Location and Enforceability

The location of the DPSP within the Constitution is discussed:

• They are contained within the fourth part of the Indian Constitution.
• Articles 36-51 detail the various directive principles.
• The DPSP are not justiciable, meaning they cannot be enforced by courts. This is explicitly stated.

3. Responsibility for Implementation

Who is responsible for putting these principles into action?

• The primary responsibility rests with the Central and State governments.
• The speaker emphasizes that the duty to implement these principles lies squarely with the governing bodies.

4. Amendability

• The DPSP can be amended by the Parliament.
• Amendments require a special majority in Parliament.
• However, amendments cannot alter the basic structure of the Constitution, including the core spirit of the DPSP.

5. Inspiration and Origins

• The DPSP were largely inspired by the Irish Constitution.
• A committee led by Tej Bahadur Sapru in 1945 recommended the inclusion of these principles.

6. Purpose and Objectives

The speaker highlights the fundamental goals of the DPSP:

• To establish a "Welfare State" in India.
• To promote social and economic democracy.
• To guide the state in making laws and policies that ensure social justice and equality.
• The Directive Principles are included to achieve social revolution.
• The Directive Principles are included to achieve economic democracy.

7. Classification of DPSP (M.P. Sharma's Framework)

The speaker presents M.P. Sharma's classification for easier understanding, though it's not an official constitutional categorization:

1. Socialist Principles:
   • Influence: Based on socialist and Nehruvian ideology.
   • Articles: 38, 39, 41, 42, 43
   • Includes articles that support a socialistic pattern of society.
2. Gandhian Principles:
   • Influence: Based on the ideals of Mahatma Gandhi.
   • Articles: 40, 46, 47, 48, 49
   • Focuses on rural development, cottage industries, and the upliftment of weaker sections.
3. Liberal-Intellectual Principles:
   • Influence: Reflect liberal and intellectual thought.
   • Articles: 44, 45, 50, 51
   • Includes principles like the Uniform Civil Code, separation of powers, and international peace.

8. Detailed Examination of Specific Articles

Article 36: Definition of "State"

Defines "State," echoing the definition in Article 12 (Fundamental Rights). The state includes central, state, and local governments, plus other authorities. The speaker emphasizes that this definition applies throughout Part IV.

Article 37: Non-Justiciability and Fundamental Nature

• Non-Justiciable: Courts cannot enforce the DPSP.
• Fundamental to Governance: Despite being unenforceable, they are guiding principles for lawmaking.

Article 38: Social Order and Welfare

The state must strive to promote the welfare of the people through a just social, economic, and political order.

Article 38(1): Focuses on establishing a social order informed by justice in all aspects of national life.

Article 38(2): Specifically addresses reducing inequalities – in income, status, facilities, and opportunities. This clause was *added* by the 44th Amendment Act in 1978.

Article 39: Principles of Policy

This article lists several key principles for state policy. The speaker goes through each sub-clause:

Article 39(a): Equal right to an adequate means of livelihood for all citizens (men and women).

Article 39(b): Distribution of material resources to serve the common good. The speaker emphasizes this point.

Article 39(c): Preventing the concentration of wealth and means of production. The speaker also stresses this point.

Article 39(d): Equal pay for equal work for both men and women.

Article 39(e): Protecting the health and strength of workers and preventing the abuse of children.

Article 39(f): Providing opportunities for the healthy development of children, protecting them from exploitation. *Added by the 42nd Amendment Act in 1976.*

Article 40

Organisation of village panchayats.

Article 44

Uniform civil code for the citizens.

Article 45

Provision for early childhood care and education to children below the age of six years.

Article 46

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.

Article 47

Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

Article 48

Organisation of agriculture and animal husbandry.

Article 49

Protection of monuments, places and objects of national importance.

Article 50

Separation of judiciary from executive.

Article 51

Promotion of international peace and security.

9. Quotes and Perspectives

The speaker includes several quotes to illustrate the importance and interpretation of the DPSP:

• Dr. B.R. Ambedkar: Emphasized the role of DPSP in establishing economic democracy. And also referred to the Right to Constitutional Remedies as the soul of the Indian Constitution.
• Granville Austin: Referred to the DPSP and Fundamental Rights together as the "conscience of the Constitution". He called the DPSP as well as the Preamble the soul of the constitution.
• M.C. Setalvad: Described the DPSP as "torchlights" guiding the state.
• Thakurdas Bhargav called preamble as the soul of the constitution.
• Chagla: Argued that sincere implementation of the DPSP could lead to a "heaven on Earth" in India.

10. Additional Notes and Explanations

• The speaker clarifies that while Articles 36 and 37 are part of the DPSP, they are often treated separately because they define the "State" and establish the non-justiciable nature, respectively. They are foundational but don't prescribe specific actions in the same way as Articles 38-51.
• The speaker uses analogies (e.g., a blind man and a torchlight) to explain concepts.
• Historical context is provided (e.g., Tej Bahadur Sapru Committee, Nehru's influence).
• The speaker interjects with questions and confirmations ("Right?", "Okay?", "Isn't it?") to keep the listener engaged, and these are reflected in the notes.
• The audio file mentions 1945 Tej Bahadur Sapru Committee.
• It mentions that, the responsibility of implementing the DPSP, is on the central and state governments.
• It gives the reason for including the directive principles-to achieve social revolution and economic democracy.