Dr B R Ambedkar described these principles as ‘novel features’ of the Indian Constitution. The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution. Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’2 .
features
- It denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions to the State in legislative, executive and administrative matters
- They resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
- They constitute a very comprehensive economic, social and political programme for a modern democratic State.
- They aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.They embody the concept of a ‘welfare state’ and not that of a ‘police state’
- The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.
Significance
- They have served as useful beacon-lights to the courts. They have helped the courts ito determine the constitutional validity of a law.if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable
- They amplify the Preamble serve as a gentle reminder of our constitutional makers;
- They facilitate stability and continuity in domestic and foreign policies in political, economic and social spheres in spite of the changes of the party in power
- They are supplementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in Part III by providing for social and economic rights.
- They enable the opposition to exercise influence and control over the government.
- They serve as a crucial test for the performance of the government. The people can examine the policies and programmes of the government in the light of DPSP
According to L M Singhvi, an eminent jurist and diplomat, ‘the Directives are the life giving provisions of the Constitution. Granville Austin opined that the Directive Principles are ‘aimed at furthering the goals of the social revolution or to foster this revolution by establishing the conditions necessary for its achivement’.Dr B R Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy
Critics
- No Legal Force : The Directives have been criticised mainly because of their non-justiciable character. K T Shah dubbed them as ‘pious superfluities’
- K C wheare called them as a ‘manifesto of aims and aspirations’ and opined that they serve as mere ‘moral homily’.
- Illogically Arranged: not arranged in a logical manner based on a consistent philosophy. Acc to N Srinivasan, ‘the Directives are neither properly classified nor logically arranged
- Conservative According to Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England.
- Constitutional Conflict K Santhanam has pointed out that the Directives lead to a constitutional conflict (a) between the Centre and the states, (b) between the President and the Prime Minister, and(c) between the governor and the chief minister. According to him, the Centre can give directions to the states with regard to the implementation of these principles, and in case of non-compliance, can dismiss the state government
In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. They together constitute the core of commitment to social revolution. They are like two wheels of a chariot, one no less than the other. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between the two is an essential feature of the basic structure of the Constitution. The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights’.
