2.10. Directive Principles of State Policy

The makers of our Constitution knew that independent India was going to face many challenges. Foremost among these was the challenge to bring about equality and well-being of all citizens. They also thought that certain policy direction was required for handling these problems. At the same time, the Constitution did not want future governments to be bound by certain policy decisions. Therefore, some guidelines were incorporated in the Constitution but they were not made legally enforceable: this means that if a government did not implement a particular guideline, we cannot go to the court asking the court to instruct the government to implement that policy. Thus, these guidelines are ‘non-justiciable’ i.e., parts of the Constitution that cannot be enforced by the judiciary. Those who framed our Constitution thought that the moral force behind these guidelines would ensure that the government would take them seriously. Besides, they expected that the people would also hold the governments responsible for implementing these directives. So, a separate list of policy guidelines is included in the Constitution. The list of these guidelines is called the Directive Principles of State Policy.

The Directive Principles of State Policy are fundamental guidelines for the government formulated by the framers of the Indian Constitution. They were introduced to address social, economic, and political justice, as well as the overall welfare of citizens. However, these principles are non-justiciable, meaning they cannot be enforced by the courts, unlike Fundamental Rights, which are legally enforceable. This non-enforceable nature reflects the belief that these guidelines are moral obligations for the government to follow, rather than legal requirements. The hope was that a responsible government and an informed citizenry would lead to the implementation of these directives over time.

Think of the Directive Principles like a map for a community garden. While the map shows where each plant should go and how the garden should grow, it cannot physically plant the seeds or enforce the rules. Instead, it relies on the community's commitment to follow the map and cultivate the garden properly. Similarly, Directive Principles guide the government to create a better society, but it is up to the government and citizens to bring those guidelines to life.

What do the Directive Principles contain? The chapter on Directive Principles lists mainly three things: – the goals and objectives that we as a society should adopt; – certain rights that individuals should enjoy apart from the Fundamental Rights; and – certain policies that the government should adopt. You may get some idea of the vision of makers of our Constitution by looking at some of the Directive Principles shown below. The governments from time to time tried to give effect to some Directive Principles of State Policy. They passed several zamindari abolition bills, nationalised banks, enacted numerous factory laws, fixed minimum wages, cottage and small industries were promoted and provisions for reservation for the uplift of the scheduled castes and scheduled tribes were made. Such efforts to give effect to the Directive Principles include the right to education, formation of panchayati raj institutions all over the country, partial right to work under employment guarantee programme and the mid-day meal scheme etc.

The Directive Principles are divided into three main categories: they specify social and economic goals for the country, outline rights for individuals that complement Fundamental Rights, and propose certain policy actions that the government should take to enhance welfare. For example, the principles include promoting education, improving worker conditions, and ensuring equal rights for marginalized groups. Various laws and policies have been enacted by governments aiming to fulfill these directives, such as the Right to Education Act and policies that support the economically disadvantaged. These principles guide the government’s social policies, ensuring they are aligned with societal welfare.

Imagine a coach of a sports team. The coach sets specific goals for the players, like improving teamwork, developing skills, and promoting fair play. These goals are intended to enhance the overall performance and success of the team. Similarly, the Directive Principles act as the coach's strategy for the government, guiding policies aimed at societal improvement and ensuring that everyone, especially the marginalized, is uplifted.

In 1976, the 42nd amendment to the Constitution was passed. Among other things, this amendment inserted a list of Fundamental Duties of Citizens. In all, ten duties were enumerated. However, the Constitution does not say anything about enforcing these duties. – As citizens, we must abide by the Constitution, defend our country, promote harmony among all citizens, protect the environment. – However, it must be noted that our Constitution does not make the enjoyment of rights dependent or conditional upon fulfilment of duties. In this sense, the inclusion of fundamental duties has not changed the status of our fundamental rights.

The Constitution of India, through the 42nd amendment in 1976, introduced a list of Fundamental Duties for citizens, emphasizing responsibilities such as respecting the Constitution, protecting the environment, and promoting harmony. However, these duties are non-enforceable, meaning that while citizens are expected to fulfill these responsibilities, they do not lose their rights if they fail to do so. The inclusion of these duties reinforces the concept of citizen accountability but does not diminish the rights guaranteed to the citizens.

Think about being part of a club. As a member, you have certain privileges like access to facilities (your rights) but also have responsibilities like attending meetings and paying dues (your duties). Failing to fulfill your responsibilities doesn't strip you of your privileges, just as not following the fundamental duties doesn't take away your constitutional rights. It’s all about encouraging members to be good participants without imposing penalties for failure.

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