How far do you agree that the Directive Principles of State Policy are more fundamental than the Fundamental Rights in meeting socio-economic justice as mentioned in the Preamble of the Constitution? 20 Marks. (UPSC CSE Mains 2024- Political Science and International Relations, Paper 1)
Article 12 to 35 contained in Part III of the Constitution deals with Fundamental Rights. These are: Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion and Cultural and educational rights. Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution.
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Fundamental Rights
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Directive Principles
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End goal
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Ensure Political Democracy.
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Ensure Social and Economic Democracy.
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Source of Borrowing
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United States of America.
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Ireland
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Justiciability
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Courts can intervene in cases of violations of fundamental rights, and individuals can seek legal remedies.
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While not directly enforceable, the principles can be used by the courts to interpret laws. If a law is found to be in conformity with the directive principles, it may be considered constitutionally valid. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court placed the Directive Principle of State Policy on a higher Position than the Fundamental Right
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Nature
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Negative in nature simply because they prohibit the State from taking any action which may violate the Fundamental Rights of the citizen.
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Positive in nature as it requires the State to do certain things as opposed to restricting the State.
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How are they enforced
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Automatically upheld and does not require the implementation of any legislation. In case of any violation of Fundamental Right the aggrieved person can approach the High Court (Article 226) or the Supreme Court (Article 32) for remedy.
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Not automatically enforced. legislation must be passed in order for them to be put into effect.
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Individual vs. State
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Primarily focuses on protecting the rights of individuals from the actions of the state.
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Primarily guide the state in its policies and actions for the overall welfare of the people.
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Importance of Directive Principles in achieving social and economic justice in a democratic society
- Holistic Development: Directive Principles address not only civil and political rights but also social and economic rights. For example, Article 43: The government has established several Boards such as Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, Coir Board etc. This ensures formalization of the informal economy in the villages and promotes livelihood of farmers.
- Socio-Economic Equality: Policies derived from DPSP (Article 39) aim to promote a more equitable distribution of resources and opportunities. For example, Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-2006) aims to raise the standard of living particularly in rural areas.
- Social Justice: DPSPs address issues such as poverty, unemployment and education.For example, Article 45 stressed on importance of free and compulsory education. With the Right to Education Act 2009, Elementary Education has been accepted as Fundamental Right of each child between the 6 to 14 years of age.
- Environmental Protection: Concerning Article 48(A), The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980 have been enacted to safeguard the wildlife and the forests respectively.
Flexible Guidelines:
- DPSPs can be adapted to changing social and economic conditions.
- For example, Promotion of Cooperation societies was inserted as one of the DPSPs (Article 43-B), finally culminating into “Ministry of cooperation.”
In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles’. The delicate balance between fundamental rights and directive principles is essential for fostering a just and equitable society. While fundamental rights safeguard individual liberties, directive principles provide a roadmap for the state to ensure social and economic justice.
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