UPSC MainsGeneral Studies Paper IConstitutionPractice question

Vital Role of Directive Principles in Governance

Even though Directive Principles of State Policy are non-justiciable, they are vital for the governance of the country. Comment.

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How to approach

Introduce the Directive Principles of State Policy (DPSPs) citing Article 37 and Dr. B.R. Ambedkar's perspective. In the body, systematically discuss how DPSPs serve as a blueprint for welfare legislation, guide judicial interpretations of fundamental rights, and act as a benchmark for political accountability. Conclude by reiterating their role as the moral compass and conscience of the Constitution.

Model answer

452 words

Introduction

Article 37 of the Constitution provides that the Directive Principles of State Policy (DPSPs) shall not be enforceable by any court, acknowledging initial post-independence resource constraints. However, the same article explicitly affirms that these principles are 'fundamental in the governance of the country', making it the duty of the State to apply them in making laws. Dr. B.R. Ambedkar characterised DPSPs as an 'Instrument of Instructions' intended to establish socio-economic democracy alongside political democracy.

Blueprint for Welfare Legislation

DPSPs have consistently provided the constitutional mandate and philosophical underpinning for transformational social welfare legislation and policy reforms in India:

  • Democratic Decentralisation (Article 40): The constitutional directive to organise village panchayats was actualised through the 73rd and 74th Constitutional Amendment Acts, institutionalising local self-governance across the nation.
  • Right to Work and Livelihood Security (Article 41): Article 41 served as the guiding principle behind the enactment of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, legally securing 100 days of guaranteed wage employment.
  • Humane Conditions of Work and Maternity Relief (Article 42): The constitutional commitment to maternity protection directly inspired statutory frameworks such as the Maternity Benefit (Amendment) Act, 2017, enhancing paid maternity leave to 26 weeks.
  • Public Health and Nutrition (Article 47): The duty of the State to raise nutrition levels and improve public health is codified through landmark interventions like the National Food Security Act (NFSA), 2013, and POSHAN Abhiyaan.

Judicial Interpretation and Rights Expansion

While formally non-justiciable, the higher judiciary has consistently relied on Part IV to expand the substantive scope of Part III:

  • Expanding Article 21: The Supreme Court has repeatedly read Directive Principles into the Right to Life and Personal Liberty under Article 21, establishing that life entails human dignity, a clean environment, and health.
  • Elevation to Fundamental Rights: Guided by Article 45, the judiciary recognised education as an essential facet of human dignity, culminating in the 86th Constitutional Amendment Act that introduced Article 21A (Right to Education).
  • Balance and Harmony: In the landmark Minerva Mills v. Union of India (1980) case, the Supreme Court ruled that the harmony and balance between Fundamental Rights and Directive Principles form an essential feature of the Basic Structure of the Constitution.

Instrument of Political Accountability

Non-justiciability does not equate to non-enforceability. DPSPs provide a standard of accountability before the political sovereign—the electorate. As Dr. B.R. Ambedkar observed, a government that rests on popular vote cannot ignore these principles without having to answer for their breach before the electorate at election time.

Conclusion

Granville Austin famously described Fundamental Rights and Directive Principles as the 'conscience of the Constitution.' Far from being mere pious declarations, DPSPs remain the primary constitutional compass guiding both legislative policymaking and executive action towards a just and egalitarian society.

Key facts to remember

definition
Article 37 of the Constitution

Declares that the provisions of Part IV are not enforceable by any court, but affirms they are fundamental in the governance of the country and binds the State to apply them in lawmaking.

case study
Minerva Mills v. Union of India (1980)

The Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles, making this harmony part of the Basic Structure.

quote
Fundamental Rights and Directive Principles together constitute the 'conscience of the Constitution', collectively aimed at furthering the goals of social revolution.
Granville Austin on Constitutional Conscience
scheme
MGNREGA 2005 & Article 41

A statutory scheme embodying the directive of Article 41 (Right to Work) by providing at least 100 days of guaranteed wage employment in a financial year to rural households.

Frequently asked questions

Why were Directive Principles made non-justiciable?

The framers recognized that the nascent Indian State lacked the financial and administrative resources immediately required to implement all socio-economic entitlements as legally enforceable claims.