Boost Your Power This Republic Day
“The Unrestricted Sovereignty of State is Like Poison, Directive Principles are Antidote to It.”
The Leviathan power of the state is a major reason for breakdown of Constitutional government in many parts of developing world. Directive Principle of State Policy is one of the best tools for keeping a check on the misuse of such power.Now let’s discuss what are Directive Principles? And how we should use this tool to extract maximum out of it.
WHAT IS DIRECTIVE PRINCIPLE OF STATE POLICY?
Directive Principle of State Policy are the guidelines or instructions for the working of Government, these set the priorities for the governments. Directive Principles are considered fundamental to the governance of a country. The spirit behind the concept of Directive Principle of State Policy is an establishment of welfare society.
DPSPs AND INDIAN CONSTITUTION
The Constitution of India aims to establish not only political democracy but also socioeconomic justice to the people to establish a welfare state. With this purpose in mind, our Constitution lays down desirable principles and guidelines in Part IV. These provisions are known as the Directive Principle of State Policy.
The concept of Directive Principle of State Policy was borrowed from the Irish Constitution. Part IV (Article36-51) of the Constitution of India is devoted to Directive Principle of State Policy. The idea of such policies can also be traced in the Declaration of the Rights of Man proclaimed by Revolutionary France and the Declaration of Independence by the American Colonies.
BALANCING TOOL AGAINST COERCIVE STATE
“Power Tends to Corrupt Proper Guidance with Obligations can Channelize that Power, that is What Directive Principles Do in a Democracy.”
Any State with such huge power is coercive in nature, if that power is not controlled it would have dire consequences. DPSPs by providing proper obligations and guidelines for government provide safeguards for citizens against coercion.
Directive Principles were incorporated in our Constitution to provide economic justice and to avoid concentration of wealth in the hands of a few people. The State shall take them into consideration while making laws or policies. Therefore, no government can afford to ignore them.
“Directive Principles do not merely Represent the Temporary Will of a Majority in the Assembly but they Represent the Deliberate Consideration of Country Expressed Through the Constituent Assembly”- B.R. Ambedkar
DIRECTIVE PRINCIPLE OF STATE POLICY VIS-à-VIS FUNDAMENTAL RIGHTS
“Where There was a Conflict between the Fundamental Rights and Directive Principles the DPSP Should Prevail. When a Social Conflict Arises out of The Conflicts of The Fundamental Rights and DPSP, It is The Duty of The Court to Resolve a Conflict with an Eye on The Constitution and Another on The Social Harmony.”- Jawahar Lal Nehru
Directive Principles are not enforceable by law, thus cannot be utilized by an individual. But if they are used in harmony with Fundamental Rights by the citizenry of this nation they can prove one of the best tools in Democracy for providing good governance.
After the Minerva Mills Case, the Supreme Court to the view that there is no conflict between the Fundamental Rights and the DPSP and they were complimentary of each other. There was no need to sacrifice one for the sake of the other. If there is a conflict it should be avoided as far as possible.
TOOL FOR PROPER FUNCTIONING OF DEMOCRACY
“To Establish Balance between Subjects and State, a Bunch of Negative Set of Rights in Subjects against State is not Enough, There Requires a Positive Set of Rules Which Oblige the State and Make It Accountable”
Fundamental Rights give us power, they protect us from possible vices of coercive state but they don’t put any obligation on state to work for betterment of its subjects, they are negative sets of rules, they are of less help in achievement of goals of welfare state and harmonious working of democracy.
On the other hand Directive Principles put moral obligations on the government to put its power and resources in the achievement of certain goals and work for welfare and betterment of all. That is why Directive Principles are important in proper functioning of Democracy.
TOOL FOR ACCOUNTABILITY IN DEMOCRACY
“It Is The Accountability That Works as a Catalyst in Proper Working of Governments for Welfare, Otherwise States are Coercive since Time Immemorial.”
The reason behind the incorporation of DPSPs in the Constitution of India is to make the elected government morally accountable to the people of this country and make the electorate more powerful.
DPSPs are tool in hands of the voters, if the government don’t follow these principle and is unable to provide Politico-Socio-Economic Justice it is answerable to the electorate in the next elections, thus Directive Principles provide a reason for the government to work for the people, that’s why these are also known as positive sets of principles.
SET BENCHMARK FOR PEOPLE TO ASSESS THEIR GOVERNMENT
“Mere Fact That It is Not Enforceable by Court Of Law Doesn’t Make It less Valuable in Democracy the Fact is, It is Enforceable in the Court of Electorate”
The state with tremendous powers have certain duties to fulfill. The Constitution of India has enumerated those duties as Directive principles. The voters, if well aware about the duties of Government (State) can assess the intent and capability of government by their performance. Directive Principle set a benchmark for the performance of any government.
GUIDE FOR THE GOVERNMENT
“Directive Principles Point out the Way we have got to Travel”- J.L. Nehru
These principles are the guiding light for the attainment of the objectives that our Constitution aspires for and also chalk the path for the State to follow in order to secure the greatest good for the greatest number in the way consistent with our Constitutional philosophy and vision.
Directive Principles are model code for any government, these also work as great friend and philosopher to the government in difficult situations, so in tough situations Governments can rely on these principles to govern.
DPSPs: ‘POWER-BOOSTER’ FOR CITIZENS
“Rights Gives Responsibility, but by Making Government Accountable, Directive Principles Give Us Power”
A member in the constituent assembly moved an amendment that sought to make the directive principles justifiable or enforceable by court of law. However, this move was turned down on the fact that, there was no use in being carried out away by the sentiments.
A court cannot enforce the directive principles and it is the strength of the public opinion which makes these provisions enforceable, because there are elections every five year and the public, if the DPSPs are not implemented can show the door to the government.
CONCLUSION:
Besides its non-enforceability, it would not be exaggerative to say that Directive Principles are great tool in hands of the citizenry of India to put a check on the use of power by government.
Although Directive Principles are not enforceable since Directive Principles epitomize ideals of a country and aspirations of people, a welfare government should implement them.
Considering the poverty or backwardness of the country at the time of independence, a dramatic and fast development was not possible by making these principles enforceable or binding on State, but the situation is no longer the same, today’s India is aspiring to become world power, so the same logic of past cannot provide an excuse to the present governments from implementing these directive principles.
I believe implementation of Directive Principles by state is symbol of a developed nation. It also shows the awareness of the citizens. I would like to conclude by saying:
“To Keep the State on Track, We All Should be Well Aware of the Directive Principle of State Policy.”
We all should know the basic law of land, because well aware and responsible citizenry can only prevent the state from deviating from the prescribed path. It would make the state realize its purpose and make it more and more responsible.
NOTE-: An Article on 'Directive Principles under Indian Constitution' is here.