The concept of Directive principles of State policy is based on the foundation of the “welfare state.” This has been taken from the Irish constitution. Directive principles of state policy are mentioned in part IV of the Indian Constitution.
- Directive Principles of the State policy are the guidelines and instructions laid down in the constitution of India so that the government, while forming any legislation, should take guidance from them.
- The basic agenda behind the directive principles of the state policy is to establish a democracy that is social and economic rather than just political.
What Dr. B. R. Ambedkar said about Directive principles of state policy?
The makers of the constitution of India believed that these novel features in the constitution of India would act as a guideline for the state governments and even the central government as they will consider these Directive principles when forming any new policy or law.
The Directive principles of the state policy are not absolute; the government is not at all binding to follow them. However, they might take these considerations from it.
History of Directive principles of the state policy
- The concept of Directive principles of state policy was first observed in the Spanish constitution, where it was adopted in the Irish constitution, and the makers of the Indian Constitution were of the thought that these principles well established a welfare state, so they adopted it.
- Directive principles of state policy are different from fundamental rights, fundamental rights are the rights given to the citizen of the country, and on the other hand, Directive principles of state policy are just the guidelines given to the legislation.
- The government has to follow the fundamental rights which have been given to the citizens as it is mandatory. However, in the case of Directive principles of state policy, the government is not at all bound to follow them.
Relationship between the Preamble and Directive principles of the state policy
- The Preamble is a brief introduction to the Indian Constitution. The Preamble itself shows the reflection of the directive principles of the state policy in it.
- The expression “justice – social, economic and political” are mentioned in the Preamble, which can only be achieved if the legislation follows the guidelines given under the directive principles of the state policy.
- The Preamble also talks about the idea of the welfare state by stating the terms such as “justice, liberty, equality, and fraternity,” which are mentioned in the directive principles of the state policy itself.
Features of the Directive principles of the state policy
- Directive principles of the state policy are not enforceable as per the constitution of India under the court of law. The government is not bound to follow them.
- The directive principles of the state policy consist of the ideas which the government has to follow; however, then there might not be enough resources for the government to implement all of those.
- That’s why the implementation of Directive principles of the state policy in the country is not mandatory.
- The idea behind the directive principle of the state policy was about creating a welfare state which was not during the time of the British Raj.
- Article 36 – talks about the definition of the state.
- Article 37 – talks about the characteristics and the impossibility of the directive principles of the state policy.
- The socialist ideas – these principles are based on the idea of socialism, which has been mentioned in articles 39, 39A, 41, 42, 43A, and 47.
- These are also based on the Gandhian philosophy of welfare states.
- Article 40 talks about the involvement of the Panchayati Raj system in the governance to have better governance over the rural region in the development and welfare of the population.
Various other Articles are given in the directive principles of state policy under our constitution.
- Article 44 – The government shall try to provide a Uniform Civil code system to all the citizens of the country to protect their rights equally from any type of injustice.
- The Uniform Civil code is a system of laws in which laws are the same for everyone, irrespective of religion, caste, position, race, etc. There should be no discrimination in this regard.
- Article 45 – This talks about the protection of the educational rights of students by the age of six years.
- The government has to take the duty of giving free education to students up to the given age group not only to educate the government but also to provide all the necessary care and needs so that they don’t have any type of deficiency in growing up.
- Article 48 – The state shall take care of the issues of animal husbandry and agricultural advancement through scientific research and development.
- Article 49 – It gives the state the duty to form laws and regulations to protect the national heritages, monuments, artistic things, craftsmanships, arts, etc., which are there in the country.
- Article 50 – Talks about the concept of separating the judiciary from the executive and legislative. Making the judiciary independent from the other two is the duty of the state.
- Article 51 – talks about the duty of the state to make a peaceful and healthy relationship with the neighbouring countries and at the international level. The government will have to make policy and make decisions in such a way that they don’t disturb the international peace and cooperation, which is needed for the welfare of the countries themselves.
As we have discussed, the Directive principles of the state policy are aforementioned guidelines given to the state, which are not justiciable in a court of law. However, while forming the legislation, the state and the parliament have to follow these guidelines to achieve the goals of the country, which the constitution makers saw at the time of the independence. Issues related to the constitutional provisions must be dealt with through legal consultation or consult legal expert.