Examine the relevance of Directive Principles in the era of liberalisation and globalization.

Impact on Specific Directive Principles

Liberalization and globalization have had a complex and often contradictory impact on the DPSPs. While economic growth has been spurred, the realization of social and economic justice, as envisioned in the DPSPs, has faced challenges.

Social Justice (Articles 38, 39, 41, 43)

• Article 38 (Promoting the welfare of the people): LPG policies have led to increased income inequality. While overall poverty rates have declined (from 36% in 1993-94 to 11.3% in 2022 – *Source: NITI Aayog, National Multidimensional Poverty Index*), the gap between the rich and the poor has widened.
• Article 39 (Equal access to livelihood): Globalization has created new employment opportunities, particularly in the service sector. However, these jobs often lack security and social protection, contradicting the spirit of Article 39. The informal sector, employing a large segment of the population, remains largely unregulated.
• Article 41 (Right to work): The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005, is a direct attempt to realize this DPSP, but its effectiveness is often hampered by budgetary constraints and implementation issues.
• Article 43 (Living wage): Minimum wage laws exist, but enforcement is weak, and a significant portion of the workforce earns below a living wage, especially in the unorganized sector.

Economic Equality (Articles 39(b), 39(c))

• Article 39(b): The concentration of economic power in the hands of a few has increased due to liberalization. While competition has increased in some sectors, monopolies and oligopolies continue to thrive.
• Article 39(c): The principle of equal pay for equal work remains largely unrealized, particularly concerning gender disparities in wages.

Environmental Protection (Articles 48, 48A, 51A(g))

• Articles 48 & 48A: Globalization has intensified environmental degradation due to increased industrialization and consumption. While environmental regulations exist, their enforcement is often lax, leading to pollution and resource depletion. The push for rapid economic growth often overshadows environmental concerns.
• Article 51A(g): This fundamental duty to protect and improve the natural environment is often overlooked in the pursuit of economic gains.

Challenges and Criticisms

Several challenges hinder the effective implementation of DPSPs in the era of liberalization and globalization:

• Non-Justiciability: The non-justiciable nature of DPSPs limits their enforceability. Citizens cannot directly approach courts to compel the state to implement these principles.
• Conflict with Fundamental Rights: In cases of conflict between Fundamental Rights and DPSPs, courts have generally prioritized Fundamental Rights, hindering the realization of social and economic justice. (Kesavananda Bharati v. State of Kerala, 1973)
• Fiscal Constraints: Implementing welfare schemes and social programs requires significant financial resources, which may be limited in a context of fiscal austerity and globalization-induced competition for investment.
• Political Will: The implementation of DPSPs requires strong political will and commitment, which may be lacking due to competing priorities and political considerations.

Relevance Despite Challenges

Despite these challenges, the DPSPs remain highly relevant:

• Guiding Principles: They continue to serve as guiding principles for policymaking, influencing the formulation of social welfare programs and legislation.
• Judicial Interpretation: Courts have increasingly recognized the importance of DPSPs in interpreting laws and shaping public policy.
• Social Movements: DPSPs provide a moral and legal basis for social movements advocating for social justice, economic equality, and environmental protection.
• Sustainable Development Goals (SDGs): The DPSPs align with many of the SDGs, providing a framework for achieving inclusive and sustainable development.