Introduction
Governance in India is intricately guided by principles laid out in the Constitution, particularly within Part IV, where the Directive Principles of State Policy (DPSP) are outlined. These principles, although not enforceable by courts, are key to shaping India’s legislative framework and reflect the country’s commitment to social justice, economic fairness, and the welfare of its citizens. Let’s break down these fundamentals and see how they are meant to guide the State.
Article 36: Defining the State in Governance
Article 36 of the Indian Constitution begins with defining “the State.” In simple terms, it includes the Government and Parliament of India, the Government and Legislature of each state, and all local or other authorities within the country. This mirrors the definition found in Part III, which addresses Fundamental Rights, suggesting that the same bodies are responsible for ensuring both rights and governance principles.
Article 37: Importance of the Directive Principles
Article 37 explicitly states that although the Directive Principles are non-justiciable, meaning they cannot be legally enforced by courts, they remain crucial to the governance of the country. The State is duty-bound to apply these principles when making laws. In essence, these principles serve as a moral compass for policymakers, aimed at creating a more just and equitable society.
Also Read: Directive Principles of State Policy Art 36 – 51
The Core Purpose of the Directive Principles
The Directive Principles, inspired by the Irish and Spanish Constitutions, provide a blueprint for social, economic, and political justice. They envision a welfare state where the government works toward ensuring:
- Equal opportunities and means of livelihood for all citizens.
- Fair distribution of resources.
- Elimination of income inequalities.
- Protection of workers and vulnerable groups.
These ideals reflect the values that underpin governance in India, aiming to elevate the quality of life for every citizen.
Article 38: Promoting Social Welfare
Article 38 takes a step further by emphasizing the State’s role in promoting the welfare of the people. The State must ensure that justice—social, economic, and political—guides all national institutions. This article stresses minimizing income disparities and eliminating inequalities in status and opportunities, thus moving toward a more inclusive and fair society.
Article 39: Aiming for Economic Equality
Article 39 lists specific policies that the State should follow to achieve economic justice, including:
- Equal pay for equal work, regardless of gender.
- Ensuring that resources are used for the common good, preventing wealth concentration.
- Protecting the health of workers and ensuring that children develop in a healthy environment.
These principles are crucial for shaping India’s economic policies, ensuring that every citizen benefits from the nation’s growth and prosperity.
Real-Life Application of DPSP
Though not enforceable, many of these principles have influenced landmark judicial decisions. For example:
M.C. Mehta v. State of Tamil Nadu (1997): The Supreme Court banned child labour in hazardous industries, reflecting the directive in Article 39(f) to protect children from exploitation.
Randhir Singh v. Union of India (1982): The Court enforced the principle of “equal pay for equal work,” marking an important step toward economic justice.
Conclusion
The Directive Principles of State Policy serve as a guiding force in India’s governance, shaping laws and policies aimed at creating a more just, fair, and equitable society. Though they cannot be directly enforced by courts, their importance in shaping the country’s legislative framework is undeniable. The goal is to foster a welfare state where social, economic, and political justice can be realized for all.
India’s governance rests on these principles, and as the State continues to apply them, the country moves closer to achieving the vision of a prosperous and fair society for every citizen.
Also Read: Powers of Parliament Relating to the Armed Forces
Reference: india.gov.in