An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be “fundamental in the governance of the country,” they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution’s preamble.
Article 37 of the Constitution declares that the DPSP “shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.” It is not a mere coincidence that the apparent distinction that is drawn by scholars between the ICCPR rights and ESC rights holds good for the distinction that is drawn in the Indian context between fundamental rights and DPSP. Thus the bar to justiciability of the DPSP is spelled out in some sense in the Constitution itself.
Classification of Directive Principals:-
(i) Socialist and Economic Principles: The socialist and economic principles always aim to shape our country in to a Welfare State. Art. 38(1) provides that the State shall promote the welfare of the people by securing and protecting as it may a social order in which justice – social, economic, and political shall inform all the institutions of national life. The State shall strive to minimize the inequalities in income and try to eliminate inequalities in status, facilities and opportunities among individuals and groups engaged in different vocations within the country (Art.38-2). Thus promotion of welfare of people by securing a social order where justice shall prevail is the objective of our constitution. To ensure such objectives the State shall direct its policy in securing-
· adequate means of livelihood for all citizen irrespective of men and women equally ;
· equal distribution of wealth and resources among all classes ;
· equal pay for equal work for both men and women ;
· just and humane conditions of work, a decent standard of living , full employment, leisure and social and cultural opportunities;
· participation of workers in the management of undertakings and establishments ;
· protection of children, youth against exploitation and against moral and material abandonment. The forty-two amendment altered this provision and provides that “ children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against moral and material abandonment”;
· Provision of work and compulsory education for all people, relief in case of unemployment, old age, sickness and disability and other cases of undeserved want ;
· equality of opportunity and status for all individuals ;
level of nutrition and standard of living of the people ;
· public health and enforce prohibition of consumption of intoxicating drinks and drugs;
· environment safeguarding forest and wild life of the country ;
· a uniform civil code throughout the country ;
· protection of adult and child labour.
(ii) Gandhian Principles: Principles enjoined under Gandhian principles in Article 40, Article 43, Article 47 and Article 48 are some ideals of Mahatma Gandhi followed during his life time. Our constitution framers wanted to implement these ideals to fulfill his dream. The State shall take steps-
· to organize village panchayats and endow them power and authority to enable them to function as unit of self-government. ;
· to promote cottage industries and village industries on an individual or co-operative basis in rural areas ;
· to prohibit consumption of intoxicating and injurious drinks and drugs;
· to promote educational and economic interests of the weaker sections of the people particularly SCs, STs to establish social justice and equity ;
· to organize agricultural and animal husbandry on modern and scientific lines ;
· to prohibit the slaughter of cows and other useful cattle ;
· to protect and improve environment and safeguard the forests and wild life of the country ;
· to protect, preserve and maintain places of national historical importance ;
· to separate the judiciary from the executive.
(iii) International Principles: Principles enjoined in Art. 51 under international principles are some provisions to the State relating to ensure international peace and security. The State shall attempt –
· to promote international peace and security ;
· to maintain just and honorable relations between nations ;
· to foster respect for international law and treaty obligation ;
· to encourage settlement of international disputes by arbitration.