RTUEE / EC / EEEYr 2023 · Sem 52023

Q3Indian Constitution

Question

10 marks

Q.3. [CO4] (K2) "Directive principles of state policy constitute a comprehensive political, social and economic program for a modern democratic welfare state." Explain.

Answer

The Directive Principles of State Policy (Part IV, Articles 36-51) lay down socio-economic goals — social justice, economic equality, welfare, environmental protection, and international peace — that guide the state in policy-making, though they are non-justiciable.

The Directive Principles of State Policy (DPSP), contained in Part IV (Articles 36-51) of the Constitution and inspired by the Irish Constitution, embody the vision of India as a welfare state by laying down fundamental guidelines that the State is expected to follow while formulating policies and enacting laws, even though these principles are not enforceable in any court (Article 37 explicitly makes them non-justiciable), unlike Fundamental Rights.

Political dimension: the DPSP direct the state to organize village panchayats as units of self-government (Article 40, giving rise to the later 73rd Amendment establishing Panchayati Raj), to separate the judiciary from the executive in public services (Article 50, ensuring judicial independence), and to promote international peace and security, foster respect for international law, and encourage settlement of international disputes by arbitration (Article 51).

Social dimension: the DPSP direct the state to promote the welfare of the people by securing a social order permeated by justice — social, economic and political (Article 38); to ensure that citizens have the right to an adequate means of livelihood, equal pay for equal work, and protection of children and youth from exploitation (Article 39); to provide free and compulsory education for children (Article 45, since substantially achieved via the 86th Amendment making elementary education a Fundamental Right under Article 21A); to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections (Article 46); and to raise the level of nutrition, standard of living, and public health (Article 47), directly addressing social inequality and the welfare of disadvantaged groups.

Economic dimension: the state is directed to ensure that the ownership and control of material resources are distributed to best subserve the common good, and that the operation of the economic system does not result in concentration of wealth to the common detriment (Article 39(b) and (c), reflecting a socialist economic vision); to secure just and humane conditions of work and maternity relief (Article 42); to endeavor to secure a living wage and decent standard of life for workers (Article 43); and to promote cottage industries (Article 43), collectively aiming at broad-based, equitable economic development rather than growth that benefits only a narrow elite.

Together, these provisions demonstrate that the DPSP function as a comprehensive blueprint spanning political decentralization, social justice for the marginalized, and equitable economic distribution — effectively defining the substantive meaning of the 'welfare state' that India's Preamble commits to. Although non-justiciable, the DPSP carry significant moral and political weight: courts have used them to interpret the scope of Fundamental Rights (particularly Article 21), Article 37 itself declares them 'fundamental in the governance of the country' obligating the state to apply them in law-making, and many major legislations (land reforms, minimum wages laws, environmental protection laws, the Right to Education Act) trace their constitutional legitimacy directly to specific Directive Principles, illustrating how these principles, though unenforceable individually, have substantially shaped India's actual legal and policy landscape over seven decades, confirming that the DPSP's comprehensive scope genuinely spans the political, social and economic dimensions the question describes.

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