“The DPSPs are fundamental in the governance of the country and it shall be duty of the state to apply these principles in making laws”. Explain.  Why are DPSPs often subjected to criticism?

“The DPSPs are fundamental in the governance of the country and it shall be duty of the state to apply these principles in making laws”. Explain.  Why are DPSPs often subjected to criticism?
Approach:
  • Introduce by mentioning DPSP, related articles and philosophy
  • Write the reasons for incorporation of DPSP and its utility
  • Discuss reasons why they are often criticized
  • Conclude accordingly
Model Answer :
Directive Principles of State Policy denote the ideals that the State should keep in mind in formulating policies and enacting laws. They are enumerated in Part IV of the constitution from Article 36 to 51. Though non-justiciable, Article 37 says that application of DPSPs is fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
DPSPs are the instrument of instructions to all authorities in Indian union. They form dominating background to all state action, legislative or executive and also a guide to secure to all citizens of India justice, liberty, equality and fraternity. Dr BR Ambedkar had pointed out that directives have great values because they lay down the ideal of economic democracy.
DPSPs are supplementary to the fundamental rights and provide an opportunity to the opposition to question ruling party on ground of violation of directives. The people can examine policies and programmes of government in light of these declarations. On various occasions, the Supreme Court gave reference to DPSPs to provide complete justice (under article 142).
Hence we can say that the DPSPs are fundamental in the governance of the country and it shall be duty of the state to apply these principles in making laws.
Criticism of DPSP:
1) No legal force: The directives are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.
2) Illogically arranged: These directives are not arranged in a logical manner based on a consistent philosophy. The declaration mixes up relatively unimportant issues with the most vital economic and social questions.
3) Constitutional conflict: The directives can lead to constitutional conflict between Center and the States, the President and the Prime Minister, the Governor and the Chief Minister. For example, Center can give direction to a State for their implementation, failing which it can dismiss the concerned State government.
4) Conservative: As per Sir Ivor Jennings, the emerging needs of India of 21st century, are not reflected in the DPSPs. The provisions are based on the political philosophy of the 19th century.
Overall we can say that despite not being justiciable, the Directive Principles of State Policy along with Fundamental Rights form the soul of the constitution.

Subjects : Polity