Directive Principles of State Policy in India: An Analysis
Directive Principles of State Policy
The Directive Principles of State Policy of India are guidelines for the government of India in governing the country. While not enforceable by any court, these principles are considered “Fundamental” in governing the country. This makes it the State’s duty to apply these principles when making laws to establish a just society. These principles are inspired by the Directive Principles in the Constitution of Ireland, which relate to social justice, economic welfare, foreign policy, and legal and administrative matters.
Categories of Directive Principles
Directive Principles are classified under the following categories:
- Economic and Socialistic
- Political and Administrative
- Justice and Legal
- Environmental
- Protection of Monuments
- Peace and Security
Historical Influences
The History of Ireland, particularly the Irish Home Rule Movement, greatly influenced the Directive Principles of the Indian constitution. The idea of such policies “can be traced to the Declaration of the Rights of Man and of the Citizen proclaimed by Revolutionary France and the Declaration of Independence by the American Colonies.” The Indian constitution was also influenced by the United Nations Universal Declaration of Human Rights.
Indians seeking independence from British rule were particularly influenced by Ireland’s independence and the development of the Irish constitution. The Directive Principles of State Policy in the Irish Constitution inspired the independent Indian Government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population.
Early Proposals and Resolutions
In 1928, the Nehru Commission, composed of representatives from all Indian political parties, proposed constitutional reforms for India. These reforms called for dominion status for India and elections under universal suffrage.
The reforms would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, the Indian National Congress adopted resolutions committing itself to the defence of fundamental civil rights, as well as socio-economic rights such as the minimum wage and the abolition of untouchability and serfdom, committing themselves to socialism & Gandhian philosophy.
Post-Independence Constitution Development
When India obtained Independence on 15 August 1947, the Constituent Assembly of India, composed of elected representatives under the presidency of Dr. Rajendra Prasad, undertook the task of developing a constitution for the Nation. While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws. Notably, Bhimrao Ramji Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairperson of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member States to adopt these rights in their respective constitutions.
Drafting and Inclusion
Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by the Drafting Committee.
Relationship with Fundamental Rights
Directive Principles are affirmative directions and are non-justiciable. However, this does not mean that they are subordinate to fundamental rights; Fundamental Rights and Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the application of Directive Principles provided under Article 36 to Article 51.