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UPSC MainsGeneral Studies Paper IConstitutionPractice question

Fundamental Rights versus Directive Principles and Implementation

Bring out the difference between the Fundamental Rights & Directive Principles of State Policy. Discuss some of the measures taken by the Union & State Governments for the implementation of the Directive Principles of State Policy.

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How to approach

Begin by introducing Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) as the core philosophy and conscience of the Indian Constitution. Next, delineate key structural and functional differences between the two. Then, categorize and discuss various legislative and executive measures taken by Union and State governments to implement DPSPs across Socialistic, Gandhian, and Liberal-Intellectual lines. Conclude with judicial views like the Minerva Mills doctrine emphasizing their harmonious balance.

Model answer

462 words

Introduction

Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) jointly form the 'conscience of the Constitution', embodying the vision of the framers to strike a balance between individual liberty and collective social welfare.

Differences between Fundamental Rights and Directive Principles

  • Nature and Sanction: Fundamental Rights are largely negative injunctions that prohibit the State from committing certain actions, whereas DPSPs are positive obligations directing the State to actively promote welfare.
  • Justiciability: Fundamental Rights are legally enforceable in courts of law under Articles 32 and 226. In contrast, DPSPs are non-justiciable under Article 37, though they are declared fundamental in the governance of the country.
  • Core Objective: Fundamental Rights aim at establishing political democracy by safeguarding civil liberties. DPSPs seek to establish socio-economic democracy by creating a welfare state.
  • Legal Superiority and Suspension: Fundamental Rights can be suspended during a National Emergency (except Articles 20 and 21), whereas DPSPs cannot be formally suspended and require legislative enactments to acquire enforceable character.

Measures Taken for the Implementation of DPSPs

Both Union and State Governments have implemented wide-ranging legislative, administrative, and constitutional measures to operationalize Directive Principles across ideological categories:

1. Socialistic Principles

  • Right to Work and Public Assistance (Article 41): The enactment of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, guarantees 100 days of wage employment annually to rural households.
  • Just and Humane Conditions of Work (Article 42): Enactment and subsequent amendments of the Maternity Benefit Act guarantee paid maternity leave and crèche facilities.
  • Equal Justice and Free Legal Aid (Article 39A): The Legal Services Authorities Act, 1987, led to the establishment of the National Legal Services Authority (NALSA) to provide free and competent legal services to the underprivileged.

2. Gandhian Principles

  • Organisation of Village Panchayats (Article 40): The 73rd Constitutional Amendment Act, 1992, institutionalized Panchayati Raj institutions across rural India with mandatory reservations for women and marginalized communities.
  • Promotion of Cottage Industries and Cooperatives (Articles 43 & 43B): The Khadi and Village Industries Commission (KVIC) and the establishment of the Ministry of Cooperation alongside the 97th Constitutional Amendment Act, 2011, foster autonomous and professional cooperative societies.

3. Liberal-Intellectual Principles

  • Early Childhood Care and Education (Article 45): The 86th Constitutional Amendment Act, 2002, elevated elementary education to a fundamental right (Article 21A), operationalized via the Right to Education (RTE) Act, 2009, while refocusing Article 45 on early childhood care.
  • Protection of the Environment (Article 48A): Addressed through the Wildlife (Protection) Act, 1972, the Environment (Protection) Act, 1986, and national commitments such as India's 'Net-Zero 2070' climate targets.

Conclusion

As established by the Supreme Court in the Minerva Mills Case (1980), Fundamental Rights and Directive Principles are the two wheels of a chariot. Sustaining harmony and balance between them remains paramount to realizing the constitutional mandate of an egalitarian welfare state.

Key facts to remember

definition
Directive Principles of State Policy (DPSP)

Non-justiciable guidelines contained in Part IV (Articles 36–51) of the Indian Constitution, which serve as ideals that the State must keep in mind when formulating policies and enacting laws.

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 Part III (Fundamental Rights) and Part IV (Directive Principles), neither having absolute primacy over the other.

scheme
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005

A statutory social welfare measure that implements Article 41 by providing a legal guarantee for at least 100 days of wage employment in a financial year to rural adult volunteers.

Frequently asked questions

Can a citizen move the Supreme Court if a DPSP is not implemented by the government?

No. Under Article 37, Directive Principles are explicitly non-justiciable and cannot be enforced directly through courts, unlike Fundamental Rights which are enforceable under Article 32.

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