Apna Gyaan

Directive Principles of State Policies!!! In the series of three posts, this post is the last one post related to the DPSPs. We have studied features of Directive Principles of State Policies and Socialist, Gandhian and Liberal Principles of DPSPs.

Now, we have a good understanding of DPSPs. But the heading of this post is quite surprising for a few of us. what is a criticism of Directive Principles?

So, guys some of the members of Constituent assembly criticised Directives Principles of State Policies.

Criticism of Directive Principles

The following features of the Directive Principles of State Policy face criticism,

• Not-Enforceable
• Illogically Arrange
• Lack of Clarity
• Reactionary in Nature
• Constitutional Conflict

Not Enforceable

The Directive Principles have been criticised mainly because of their non-justiciable character. So, this means the violation of DPSPs cannot be challenged in any court.

Nassiruddin, a member of the Constituent Assembly, characterized them as a set of “New Year’s resolutions”.

Prof. K.T. Shah described them as pious superfluities and compared them as ‘a cheque payable only when the resources of the bank permit’.

T T Krishnamachari described the Directives as ‘a veritable dustbin of sentiments’.

KC Wheare called them as a ‘manifesto of aims and aspirations’.

Illogically Arranged

Critics had an opinion that the Directives are not arranged in a logical manner based on a consistent philosophy.

According to N Srinivasan, ‘the Directives are neither properly classified nor logically arranged‘. So, these principles appear to be a collection of some pious declarations which have only moral value.

Lack of Clarity

Several Directives lack clarity, again this is the issue with whole Indian Constitution🥺. Several principles are the repetition of earlier ones.

Article 51, which says, promote international peace and friendly cooperation among all the nations is a laudable declaration. But the real issue is how to secure it? So, when it comes to the implementation part, there is no clear guidance.

Reactionary in Nature

Many critics have the opinion that several of the Directives appear to be reactionary. The party in power at a particular time can use some of the directives for political.

Moreover, enumeration of these principles involves an attempt to unduly bind the present with the past.

Constitutional Conflict

K Santhanam has pointed out that the Directive Principles lead to constitutional conflict,

• Between the Centre and the States,
• Between the President and the Prime Minister and
• In between the Governor and the Chief minister.

UTILITY OF DIRECTIVE PRINCIPLES

In spite of the above criticisms and shortcomings, the Directive Principles are an essential ingredient of the Indian Constitution. The Constitution itself declares that they are fundamental to the governance of the country (Article 37).

The directive principles place an ideal before the legislator of India which guides them to frame the policies & laws. DPSPs is basically a code of conduct for the legislature and administrators of the country.

They show the path to the leaders of the country to achieve the ideal of the Indian constitution (mentioned in the Preamble “Justice, Social, Economic, Political; liberty, equality, and fraternity”).

Distinction Between Fundamental Rights and Directive Principles

Fundamental Rights	Directive Principles of State Policies
Fundamental Rights are negative as they prohibit the State from doing certain things.	Directive Principles are positive as they require the State to do certain things.
FRs aim to establish political democracy in the country.	They aim at establishing social and economic democracy in the country.
These have legal sanctions.	DPSPs has moral and political sanctions.
Fundamental Rights are justiciable or they are legally enforceable by the courts in case of their violation.	These are non-justiciable or they are not legally enforceable by the courts for their violation.
They promote the welfare of the individual. Hence, they are personal and individualistic.	DPSPs promote the welfare of the community. Hence, they are societarian and socialistic.
The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid.	The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.
Fundamental Rights don’t require any legislation for their implementation. They are automatically enforced.	Directive Principle of State Policies requires legislation for their implementation. They are not automatically enforced.

So, guys, I have found one interesting article regarding the Directive Principles of State Policies. And I want you guys to kindly have a look on it.

So, guys, we have completed Part-IV of Indian Constitution. In the upcoming post, we shall discuss the Fundamental Duties of Indian Constitution.

Thanks and Stay Civilised. 😊