Directive Principles of State Policy (DPSP) (PART IV, ARTICLE 36-51)

Introduction: The Directive Principles of State Policy (DPSP) in India are derived from the Irish constitution and are a set of guiding principles for the government. The Directive Principles resemble the "Instrument of Instructions" in the Government of India Act, 1935.

• The purpose of DPSP is to establish a welfare state and promote economic and social democracy in the country. However, it's important to note that DPSPs are not legally enforceable by the courts if they are violated.

Amendments in the DPSP:

• 42nd Constitutional Amendment in 1976: Added directives in part IV, including Article 39A for free legal aid to the poor, Article 43A for worker participation in industrial management, and Article 48A for environmental protection. 

• The 44th Amendment in 1978 inserted Section-2 in Article 38 for state efforts in minimizing economic inequalities and removed the Right to Property as a Fundamental Right. 

• The 86th Amendment in 2002 modified Article 45 and made elementary education a fundamental right under Article 21A.

Judicial Evolution of Conflict between DPSP vs Fundamental Rights:

Importance of DPSP:

Key Arguments Against DPSPs:

• Non-enforceable: Resource constraints and the potential for better laws make them non-enforceable.

• Disorganized: The arrangement mixes Gandhian, Socialist, and Liberal philosophies without clear logic.

• Potentially regressive: Some provisions can be reactionary or regressive, such as the Uniform Civil Code.

• Potential for conflict: They can cause constitutional conflicts between federal and state governments.

• Resource-intensive: Implementation of many DPSPs seem difficult due to very high cost associated

Schemes & Initiatives to give effect to DPSPs:

Recent Debates Associated with DPSP:

Uniform Civil Code: A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc.

Merits/Demerits and Challenges of Implementing UCC:

Key Recommendation of Law Commission (2018) on UCC:
      
         

• Rejection of Uniform Civil Code (UCC): Law Commission deems UCC neither feasible nor desirable(By 21st Law commission).

• Recently, the 22nd Law Commission of India asked for ideas from public and religious bodies on Uniform Civil Code.

• Focus on Codification: Recommends codification of personal laws to expose prejudices and test them against constitutional fundamental rights. Equality Within Communities: Prioritizes achieving gender equality within religious communities before seeking equality across communities.

• Legal Status through Codification: Codifying customs and practices would classify them as ‘law’ under Article 13 of the Constitution.

• Alignment with Fundamental Rights: Laws under Article 13 must comply with fundamental rights, ensuring the protection of religious plurality.

Judicial Pronouncements Associated with UCC:

Way Forward for UCC:

• Inclusive Deliberative Process: Engage representatives from diverse backgrounds in a deliberative process to discuss UCC implementation, fostering dialogue and consensus. 

• Consultation with Stakeholders: Seek inputs from religious leaders, women's rights activists, and marginalized communities to address concerns while formulating a UCC. 

• Legislative Reforms: Initiate gradual legislative reforms to harmonize personal laws, respecting specific cultural and religious practices. 

• Gender Equality and Women's Rights: Ensure a UCC promotes gender equality and safeguards women's rights, addressing discriminatory practices. 

• Sensitivity and Flexibility: Develop a UCC framework sensitive to diverse practices, allowing for customary practices alongside provisions protecting individual rights and gender equality. 

Other Key Issues with reference to DPSPs:

Way forward for Directive Principles of State Policy in India: 

• Legislative Reforms: Enact laws for effective implementation of Directive Principles. 
• Policy Alignment: Align government policies with Directive Principles to address inequalities. 
• Resource Allocation: Prioritize budgetary allocations for sectors related to Directive Principles. 
• Inter-Departmental Coordination: Foster collaboration among government departments. 
• Empower Marginalized Sections
• Establish mechanisms to monitor policy progress and outcomes. 
• Judicial Interpretation: Encourage judiciary to interpret laws in line with Directive Principles. 
• Political Will and Leadership: Demonstrate strong commitment to prioritize Directive Principles' implementation.

Balancing Fundamental Rights and Directive Principles for Social Order and Empowerment:

• Former Chief Justice of India P. Sathasivam said Fundamental Rights and the Directive Principles of State Policy needed to be balanced and harmonised if they were to reap social order and empower people.

Conclusion: 

• Effectively implementing the Directive Principles of State Policy (DPSP) in the Indian Constitution requires strong political will, streamlined governance, and active public participation. Engaging all stakeholders for transparency, promoting social justice, and ensuring sustainable development are key areas of focus to fulfil the vision of DPSPs.