Judicial evolution of Directive principles of state policy
1) Introduction
These are some principles laid down in the Indian constitution which guide the government in the process of making laws and governance. They aim for the welfare of the state and even though not legally enforceable, they are moral obligations that need to be followed by state authorities. To put simply, they are instructions to the legislature and executive.[1] Dr. B. R. Ambedkar defines these principles as novel features of the Constitution. This article delves into the development of the directive principles of state policy that shaped its interpretation.
2) Birth
The DPSPs, which were adopted from the constitution of Ireland, demonstrate the dedication of the drafters to architect an egalitarian society with justice at its core. The unfolding of the DPSPs can be tracked through several historical and constitutional conversations.
Initially, the state was majorly tasked with the protection of the nation from external aggression, collecting taxes, etc., but the 20th century brought along awareness of rights amongst people which led to a requirement for a version of the state that focused on strengthening and improving the internal structure i.e. a social welfare state that also focuses on the prosperity of the people alongside other tasks. A proof of this can be seen in the preamble of the Indian constitution which provides to all its citizens justice, social, economic, and political rights along with liberty, fraternity, and equality. The DPSPs are principles that help achieve this. DR. B.R. Ambedkar, the chief drafter of the constitution played a role of paramount importance in crafting the DPSPs. Accentuating the significance of fundamental rights, he acknowledged the requirement of state rules that ensure the welfare of people. Resultingly, the DPSPs secured a position in part IV of the Indian Constitution from articles 36 to 51.
3) Dilemma
The framers of the constitution rendered the DPSP as not legally enforceable, setting them apart from the fundamental rights. This was done because of the belief that certain matters regarding governance are better left to the discretion of the government and to control judicial intervention in the legislature. This also allowed flexible drafting of the policies.
But despite the non-judicial nature of the DPSP, they have not remained untouched by judicial examination/analysis as it is needed to be ensured that the principles do not merely remain as lip service. Several landmark cases have contributed to the evolution of the DPSPs.
i) Golaknath v. State of Punjab, 1967
The Supreme Court of India contented with the question of whether parliament could amend the fundamental rights. The judgment of the case included implications for DPSP as well. The court suggested the possible re-examination of the non-judicial nature of the DPSP.
ii) Kesavananda Bharati v. State of Kerala, 1973
This case reinforced the doctrine of basic structure. The court in its decision explicitly gave DPSPs recognition of principles of fundamental importance in governance and part of the basic structure of the constitution.
iii) Minerva Mills Ltd. V. Union of India, 1980 [3]
The Supreme Court was to decide whether parliament could amend the basic structure of the constitution, which was denied. The decision also reinforced that DPSPs are not merely aspirational but have constitutional significance.
iv) M.C. Mehta v. State of Tamil Nadu, 1986
In the Oleum Gas Leak case, the Supreme Court emphasized the duty of the state to protect the environment, focusing on the DPSPs. It was held that DPSPs guide policies to be formulated for the betterment of society. This case focused on the interplay of fundamental rights and directive principles in the context of the environment.
v) I.R. Coelho v. State of Tamil Nadu, 2007 [4]
The court held that DPSPs could be subject to judicial review and that they do not violate the basic structure of the constitution, assigning a more active role to the DPSPs.
4) Relationship between DPSPs and Fundamental Rights
Article 37 of the constitution clearly states that DPSPs are not enforceable by any court. Even though DPSPs are considered fundamental in governance, the state cant be compelled to fulfill/follow any directive principle by any order or a writ of mandamus.[2] the history of case laws showcases the approach adopted by the apex court to use fundamental rights to achieve the DPSPs and read both of them together. The biggest benefit of this approach is the interpretation of Article 21. In the Unnikrishnan V. state of Andhra Pradesh [5], the parliament added to article 21 A, the right to education, which was earlier a directive principle, later increasing the orbit of the article and including the right to privacy, right to shelter, etc. [6]
5) Analysis
The recognition of the DPSPs as the basic structure safeguards their essence and opens the door to judicial review, giving effect to the principles, and ensuring their alignment with the constitutional framework. Moreover, the emphasis given to the interconnectedness of fundamental rights and DPSPs leads to the acknowledgment of the existence of a symbiotic relationship between the two instead of being two separate entities.
6) Conclusion
The judicial evolution of the DPSPs in India illustrates the nations attempt at harmonizing the balance between individual rights and collective welfare. From the enforcement of the Constitution to the contemporary era, DPSPs have come a long way, from principles to integral elements of the Constitution.
After the analysis, it can be concluded that the courts aim to strike a balance between directive principles of state policy and fundamental rights and to prioritize one over the other. The judiciary through various cases, watered the seed of social welfare in the form of DPSPs and gave life to the principle, ensuring that they remain an active part of the living document. Their journey is not merely a saga but is in fact a reflection of ongoing constitutional principles that underpin Indias democratic ethos.
Citation
1) Hemant Singh, Directive principles of state policy (DPSP)- Concepts and Features, Jagran Josh, June 26, 2021.
Grffindor, "Judicial Evolution Of Directive Principles of State Policy", Legal Service India- E Journal. Judicial Evolution of Directive Principles of State Policy (legalserviceindia.com)
3) Minerva Mill v. UOI, AIR 1980 Sc 178
4) IR Coelho v. State of Tamil Nadu, AIR 2007 SC 861
5) AIR 1993 SC 2178
6)Grffindor, "Judicial Evolution Of Directive Principles of State Policy", Legal Service India- E Journal. Judicial Evolution of Directive Principles of State Policy (legalserviceindia.com)
