HPAS/Allied Mains 2022 Answer Writing Challenge Day 94 : Model Answer

Question: The directive principles of state policy are nothing but pious aspirations without any enforceability. Critically examine. (20 marks 400 words)

Answer: 

Introduction DPSPs included in part IV of the constitution aspires to establish social and economic democracies in the country. Thinkers like Granville Austin have described DPSPs as conscience of the constitution.

Body

 DPSPs as pious aspirations

Thinkers like Ivor Jenning have DPSPs as pious aspirations due to following reasons:

• Non justiciability : Their implementation left on the conscience of representatives of people. Implementation of some of them demands dissolution of powers hence some of them remain a mere text in the constitution. E.g. Dissolution of powers to Panchayat under Article 40.
• Conservative: DPSPs reflect ideology of the mid 20th century and some of them have become redundant today. E.g. Article 39(c) stating to prevent concentration of wealth and means of production is not relevant in the present mixed economy having a tilt towards capitalism.

No implementation mechanism: Constitution has not provided any mechanism to ensure their enforcement. This makes the DPSP mere constitutional promise. E.g. Severe pollution in Indian cities is a blatant violation of article 48A.

• Illogical arrangement: Mixing important and relatively unimportant issues makes them difficult to implement all of them together.

Utility of DPSPs Despite above criticism DPSPs have following utility:

• Fundamental in governance: Article 37 makes it clear that these are fundamental in the governance of a country and its duty of state to apply them in making laws. E.g. Maternity benefit act in response to Article 42.
• Beacon light for courts: They have helped the courts in exercising their power of judicial review.
• Stable policies: DPSPs facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres in spite of the changes of the party in power.
• Supplement fundamental rights: Part III of the constitution provides for political rights. DPSPs fill in the vacuum by providing for social and economic rights. DPSPs create a favourable atmosphere for the full enjoyment of the fundamental rights by the citizens.
• Accountability: DPSPs enable the opposition to question government actions on the ground that its activities are opposed to the Directives.
• Several laws exist to implement DPSPs despite being non enforceable. E.g Land reform laws (Article 39(c)), The Legal Services Authorities Act (Article 39A) etc.

Conclusion:

In the Minerva Mills case (1980), SC held that the balance between the Fundamental Rights and the DPSPs is necessary. DPSPs have been kept non justiciable due to prevailing conditions. However time has come to ensure that they are implemented in letter and spirit to move towards a welfare state as envisioned by constitution makers.