CHAPTER1

INTRODUCTION
Many consider the DPSP, found in “Part IV, Articles 36–51 of the Indian constitution” to
be its most fascinating and alluring feature. The DPSP encapsulate the idea of the
constitution . Originating with the Spanish constitution , the idea of including directions
into a constitution was taken up by the Irish constitution . The term "Directives" refers
to broad directives that provide guidance to the state on how to conduct its legislative and
executive functions. According to Nehru's observation, governments will disregard the
directions only if it involves their personal danger. In the pursuit of establishing a society
characterised by equality, the founding fathers of India expressed dissatisfaction with the
pursuit of political justice alone. Their objective was to integrate political integrity with
economic and social equity. The evolution of these Principles has a lengthy historical
background. The majority of modern researchers attribute them to the Indian
independence movement. Austin says that the Fundamental Rights and DPSP1 sprang
from struggle for freedom, which aimed to establish “the principles of liberty and social
welfare as the objectives of an independent Indian State”.1 The constitution alists claim
that the absence of economic democracy renders political democracy ineffective.
Subsequently, a range of constitution al changes were implemented “with the aim of
enhancing the social and economic conditions” of the Indian populace, drawing
inspiration from the ideologies of Mahatma Gandhi. In order to address the challenges
encountered by marginalised segments of the population, the DPSP were included into
Part IV (Articles 36-51) of the constitution of India. The researcher has cosen this topic
to analyse the contemporary position in this work.

1.1. Tracing the Development of DPSP in Pre-Independent India

The British successfully filled “the political void left by Aurangzeb's death in 1707
following their victory in the battle of Plassey in 1757”.In the time that passed, the
British established a new system of law and government in India. This system was
shaped in part by British ideals but was also heavily modified to fit the local
circumstances and further British goals. The British Empire ruled over most of the Indian
subcontinent from 1857 to 1947. Economic, political, and social developments during
this time aided the Indian independence movement’s gradual rise to power, which in turn
1 Granville Austin, The Indian constitution : Cornerstone of a nation 50 (Oxford University Press,
Oxford,1966).
helped the country break free of foreign rule. Historical considerations were the primary
driving force for the formulation “of both Fundamental Rights and DPSP.2 The concept
of rights is commonly attributed to its modern origins and is often traced back to
historical texts.”

1.2. THE DEVELOPMENT TRAJECTORY FROM BRITISH RULE TO THE

ESTABLISHMENT OF INC.
British colonists arrived in India to engage in trade and, facilitated by the “East India
Company, obtained a Royal Charter from the British throne. The British arrived in India
as traders to capitalize on the lucrative Eastern trade”. The acquisition of governmental
authority prompted them to extract maximum profit from India. 3With this objective in
mind, they commenced exploiting the nation economically and launched a series of
attacks against the “Indian economy”. As a result, the British control led to the
fragmentation of the rural economy and a collapse in trade and manufacturing.The
“village craft and industry” experienced a significant setback during the British colonial
period, as they let foreign products into the village and relegated the village artisans to a
state of landlessness and labour. This contributed to the issue of poverty. 4 “The British
government acknowledged and controlled India's economy with the aim of promoting
British trade and industry. Additionally, they established a contemporary administrative
framework to ensure stability and safety”. However, there was a lack of accountability
towards the well-being of the individuals. The administrative officers in India lacked the
necessary authority to effectively implement their decisions. The entire system persisted
in being utilised for the advancement of their financial interests. Nevertheless, until 1813,
they refrained from intervening in the religious and cultural affairs of the nation.
However, subsequent to 1813, they actively undertook measures to revolutionise the
social and cultural fabric of the Indian population. 5 Due to the onset of the industrial

2 7 Jawahar Lal Nehru, The Discovery of India 315-322 (Oxford University Press, Delhi, 1946).
3 Tara Chand, History of the Freedom Movement in India 354 (Ministry of Information and
Broadcasting,New Delhi, 2005).
4 Tara Chand, History of the Freedom Movement in India 354 (Ministry of Information and
Broadcasting,New Delhi, 2005).
5 The country's welfare was provided for in part by the Charter Act of 1813, which also
declared the Crown's sovereignty over the Company's territorial gains. It was stipulated
that the Company would set aside one lakh rupees annually to support the introduction
and advancement of scientific knowledge among the people living in the British
territories of India, as well as to revive and improve literature and support learned natives
of India. Refer to G.S. Chabra, Comprehensive Analysis of India's constitution al
History, pages 70–74 (Parkash Brother, New Delhi, 1973).
revolution in the mid-18th century, “the British sought to establish India as a significant
market for their products”. “The field of science and technology” has significantly
expanded the scope of human advancement. During the “eighteenth and nineteenth
centuries”, there was a significant surge of innovative “ideas in Britain and Europe” that
had a profound impact on the British perspective about the issue of India. “The
significant French revolution of 1789, characterised by its emphasis on principles such
as liberty, equality, and fraternity, engendered robust democratic feelings and unleashed
the potency of contemporary nationalism. The three prominent attributes of new thinking
encompassed rationalism”, which entailed a steadfast belief in reason and science,
humanism, which entailed a deep affection for humanity, and unwavering confidence in
humanity's ability to advance. Several administrative reforms occurred subsequent to the
insurrection of 1857. Notably, the establishment of local bodies commenced in 1864-
1868, accompanied by a reduction in the age requirement for public employment from
“twenty-one to nineteen years”. The previous stance on the progress of education
transformed, leading to the British displaying animosity towards educated Indians. This
was due to their examination of the imperialistic nature of British control and their
advocacy for Indian involvement. Furthermore, they relinquished their commitment to
social transformation. The workers' working conditions in the factories were substandard.
The individuals laboured for a duration of twelve to sixteen hours per day, without any
allowance for a weekly day of rest. The absence of a free state “in India can be attributed
to factors such as poverty”, the onerous taxation load, inefficient expenditure, and the
depletion of wealth. Therefore, it was recognised that the resolution of these socio-
economic challenges, which the nation was encountering, hinged upon India's
achievement of self-governance. The primary aim of achieving Swaraj, which refers to
self-governance, was to be accomplished by the INC, which was arguably the sole
organisation advocating for independence during that time.

1.3. "FROM THE INCEPTION OF THE INDIAN NATIONAL CONGRESS TO

THE DAWN OF SWARAJ: A JOURNEY OF RESILIENCE, UNITY, AND
constitution AL ASPIRATIONS.

In December 1885, the Indian National Congress was established. 6 The initial call for the
acknowledgement of Fundamental Rights may be traced back to the constitution of
6 R.N. Aggarwals, National Movement and constitution al Development of India 40 (Metropolitan
BookCo., New Delhi, 1980).
India Bill, 1895, which is believed to have been influenced by Lokmanya Bal Gangadhar
Tilak. Annie Besant referred to this bill as the Home Rule Bill. 7 The provisions of this
Bill provide a glimpse into the rights and directives. The Bill included measures that
ensured the provision of free and compulsory primary education by the State. Annie
Besant and Tilak initiated a Home Rule Movement in 1916. 8 Between 1917 and 1919, a
sequence of Congress Resolutions was enacted, reiterating the call for civil rights and
parity with the rights of Englishmen. It is apparent that throughout the initial part of the
twentieth century, India experienced a significant political awakening. By the mid
twenties, the Congress and Indian leaders had attained a heightened sense of
assertiveness and awareness of their Indian constituents and the demands of the populace.
By this point, Gandhi had emerged as a prominent figure in the political landscape of the
nation. The objective of the Independence Movement was no longer to establish the
rights of Indians vis-à-vis Englishmen, but rather to ensure liberty among Indians. One
perspective gained prominence suggesting that the preservation of political and personal
freedom would be compromised unless it is reduced to a mere symbolic concept, unless it
is accompanied by the provision of adequate assurances for social and economic
freedom. There was a concern that the valuable rights of personal liberty and political
freedom could be disregarded or even ridiculed by those who were left without food,
insecure employment, illiterate, and denied their fair portion of the society's progress and
well-being due to the current social and economic system. Consequently, the post-World
War I constitution al arrangements included explicit declarations of constitution al
principles pertaining to social and economic policies. 9The Commonwealth of India Bill
of 1925, authored by Mrs. Annie Besant, was formulated during the National Convention
and subsequently presented to the House of Commons by Mr. Lansbury. The primary
objective of this bill was to establish self-governing dominion status for India, with the
exception of foreign and defense affairs. For the first time, this Bill included an Article
that pertains to the bestowal of Fundamental Rights. In November 1927, a mere two
years after the publication of the Bill, an Indian Statutory Commission 10was established

7 Shiva Rao, The Framing of Indian constitution : A Study 171 (Indian Institute of Public Administration,
Bombay, 1968).
8 K.M. Munshi, Indian constitution al Documents 6-7 (Bharatiya Vidya Bhavan, Bombay, Vol.II, 1967).
9 K.C. Markandan, DPSP in the Indian constitution 11 (Allied Publishers, Mumbai, 1966).
10 Seven British members of Parliament from the United Kingdom were sent to India in
1928 as part of the Indian Statutory Commission to research constitution al reform in the
country that was Britain's most significant colonial dependent. Because Sir John Simon
served as its chairman, it was frequently referred to as the Simon Commission. Among its
members was Clement Attlee, who went on to become the prime minister of Britain and
finally presided over the 1947 independence movements in India and Pakistan. Accessed
under the leadership of Sir John Simon to assess the suitability of Indians for assuming
further responsibilities within the Government. During the Bombay Session of the
Congress on 17 May 1927, Motilal Nehru proposed a resolution urging the Working
Committee to collaborate with elected members of the Central and Provincial
Legislatures, as well as leaders of political parties, to develop a constitution for India. A
Swaraj constitution was established in response to a declaration of rights, to bolster the
struggle for Swaraj, which refers to self-governance. According to the introduction, it
was asserted that the prominent aspect of the constitution should be the proclamation of
the rights of Indians about others, as well as the rights of Indians about their
Government.11

1.4. THE NEHRU COMMITTEE REPORT OF 1928 OUTLINES THE

FORMULATION OF DPSPABOUT SOCIO-ECONOMIC RIGHTS.

The Working Committee of the Congress, by the instructions outlined in the Congress
Resolution of 1927, organised an All-Parties Conference12 to formulate a Swaraj
constitution for India. A committee was created by the Conference, consisting of
Motilal Nehru as its Chairman and seven other members, to establish the fundamental
principles of the constitution for India. The document included a clarification of its
preliminary constitution , stating that the primary priority of Indians was to safeguard
their Fundamental Rights, which had been withheld from them and must not be revoked
13
under any circumstances. Additionally, it delineated specific social and economic
entitlements. The provision of free elementary education, without any differentiation
based on caste or creed, is a fundamental right that should be upheld or supported by the

from http://en.wikipedia.org/wiki/Simon_Commission on March 15, 2024..

11 J.K. Mittal, Right to Equality in the Indian constitution : Public Law 36, 39 (London, 1970).
12 The All Parties Conference convened in January 1928 in Delhi and in May 1928 in
Bombay. Approximately one hundred delegates from all the major political groups, such
as the Central Sikh League, Hindu Mahasabha, National Liberal Federation, All India
Muslim League, and Indian National Congress, attended the conference. Available at:
http://historypak.com/nehru-report/ (Visited on March 16, 2024).

13 Report of the Motilal Nehru Committee at 89-90 (1928)

State. This right is to be enforced once appropriate arrangements have been made by the
competent authority. Additionally, the right to form and join associations for the purpose
of enhancing labour and economic conditions is guaranteed to all individuals and
occupations. Furthermore, the maintenance of health and fitness for work is ensured for
all citizens, along with the provision of a living wage for every worker. Furthermore, the
protection of motherhood, infirmity, and unemployment is also ensured. Regrettably, the
Commission did not endorse the widespread call for the inclusion and assurance of
Fundamental Rights in the constitution of India, despite the report being delivered to the
British. Despite the absence of tangible outcomes from the study, the historic session of
Lahore in 1929, during which Jawaharlal Nehru became the presidency, also underscored
the significance of socio-economic rebuilding through the Resolution of 1929. The
inclusion of a chapter on Fundamental Rights in the constitution al text for India was
pursued in all three Sessions of the Indian Round Table Conference.

1.5. A CRITICAL ANALYSIS OF DPSPIN THE THREE ROUND TABLE

CONFERENCES OF 1930.

The British Government organised a series of conferences known as the three Round
Table Conferences of 1930–32, with the purpose of deliberating on constitution al
improvements in India. During the three Round Table Conferences convened in London,
the topic of Fundamental Rights was extensively deliberated. These rights and
immunities were intended to safeguard the well-being of the Indian community as a
whole or specific segments of its population. Throughout these conferences, individuals
and groups presented memoranda advocating for the inclusion of Fundamental Rights in
the proposed constitution . During the inaugural Round Table Conference,
representatives from the Indian Labour Organisation, including N.M. Joshi, underscored
the imperative of integrating specific Fundamental Rights. 14 The British Government was
also brought to the attention of B.R Ambedkar regarding the pressing need to include
sufficient measures for the enforcement of Fundamental Rights in the constitution . 15
Despite the concerted efforts made by the Indian delegates, the British Government's
stance on the bestowal of Fundamental Rights upon the Indian populace remained
unaltered, resulting in the rejection of the proposal during the First Round Table
14 The First Round Table Conference was held during the period from 12 November 1930 to 19 January
1931
15 IRCTC, id. at 130-131.
Conference. On November 13, 1931, N.M. Joshi, B. Shiva Rao, and V.V. Giri signed a
joint statement titled "Labour under the New constitution ." This statement reiterated the
rights proposed by Rao during the First Conference and concluded by asserting that the
future's primary challenges lie in the realms of economics and society. It was deemed
inappropriate to construct the constitution in a manner that lacks relevance to the
forthcoming realities. The topic of Fundamental Rights was once again addressed during
the Third Round Table Conference16. Dr. Ambedkar expressed his desire to incorporate
an extra participant using an Instrument of Instructions directed towards the Governor
General and Governors. The significance of Dr. Ambedkar's perspective lies in his
expression of the same principle during the Constituent Assembly, where he justified the
incorporation of the guidelines in the Draught constitution of India. On December 27,
1932, Sir Tej Bahadur Sapru and M.R. Jayakar jointly filed a separate memorandum. The
significance of these rights was acknowledged by the British Government but with
reservations over their practicality. In the end, there was significant backing for the idea
that certain Fundamental Rights could be guaranteed through the special responsibilities
of the Governor-General and Governors. Additionally, some of these rights could be
included in the constitution , while those that were deemed unsuitable for legal
enactment could be addressed in the Royal Proclamation issued during the inauguration
of the new constitution . In March 1933, the British Government released a white paper
that presented ideas for constitution al reforms in India. However, it is worth noting that
this document did not include a comprehensive definition of Fundamental Rights. While
there was widespread concern about the fundamental notion put forth, there was
significant resistance to the declaration of Fundamental Rights, particularly due to the
absence of an efficient mechanism for implementing them.

1.6. DEVELOPMENT OF DPSPIN FORM OF NON-JUSTICIABLE RIGHTS IN

THE SAPRU COMMITTEE REPORT, 1945

The Sapru Committee17, headed by Sir Tej Bahadur Sapru, held extensive discussions in
1945 over the topic of Fundamental Rights and their potential inclusion in the Indian
constitution . It sent out a survey to a number of associations, organisations, and people
asking for their opinions on whether or not the Indian constitution should include
fundamental rights as well as potential tools for enforcing those unjustifiable rights. This
is where the separation of rights originally began. As a result, the Sapru Committee
16 This Conference was held during the period from 17 November 1932 to 24 December 1932.
17 constitution al Proposals of the Sapru Committee at 257 (1945).
examined the recommendations on the topic of fundamental rights that it had received
from many sources in 1945 and came to the following conclusions: First and foremost,
minority rights had to be protected at all costs. Second, proper and sufficient standards
had to be established for judicial, administrative, and legislative activities. Third, that the
future constitution should debate and advocate for the inclusion of the justiciable and
non-justiciable Fundamental Rights.18 The demand for the inclusion of Fundamental
Rights in our constitution was bolstered by the atrocities committed during World War
II, the global movement for human rights, and the liberties protected by the United
Nations Charter, the Atlantic Charter, and the Human Rights Commission's Declaration
of Human Rights. Lastly, the Sapru Committee suggested in its "constitution al
Proposals" that an Indian constitution must include a statement of fundamental rights.

1.7. 1946: CONSTITUENT ASSEMBLY AND STATE POLICY DPSP.

As part of the process of transferring power, the 1946 Cabinet Mission to India
recommended the creation of a Constituent Assembly to develop an Indian constitution
during the latter years of the British Raj. 19 Hence, the Constituent Assembly20, which was
established in 1946, fulfilled the responsibility of putting these pre-independence
promises into effect. The first notable accomplishment was the historic Objectives
Resolution, which Pandit Jawaharlal Nehru had proposed on December 13, 1946, and
which was adopted on January 22, 1947.21 The Resolution outlined the basic principles
that have to guide the drafting of a free India constitution . Dr. S. Radhakrishnan
illustrated the necessity and significance of Fundamental Rights under the Resolution by
stating that they were trying to bring about a socio-economic revolution. He underlined
that while government regulation was required to boost economic conditions, it shouldn't
come at the expense of people's morality.22 The Government of India's constitution al

18 Durga Das Basu, Introduction to the constitution of India 475 (Prentice Hall of India, New Delhi, 15th
edn., 1993).

19 The Constituted Assembly which had been elected for undivided India and held its first sitting in the
9thDecember, 1946, reassembled on the 14 August, 1947, as the sovereign Constituent Assembly for
theDominion of India, D. D. Basu, Introduction to the constitution of India 18 (Lexis Nexis Butterworths
Wadhwa, Nagpur, 20th edn., 2009).
20 The Resolution could not be passed earlier due to the non-participation of the Muslim League in the
Constituent Assembly. But when the Muslim League purposely avoided its participation, the Assembly
unanimously adopted the Resolution on 22 January 1947. For reasons of its non-participation.
21 II constitution al Assembly Debates at 273
22 Reference in this connection was made to Amendments 1 -X, XIII-XV and XIX to the constitution of
USA, Articles 4, 31, 44, 45, 49, 50, 55, 58, 60 and 65 of the Swiss constitution ; Articles 109-160 of the
German constitution ; Articles 118-128 of the constitution of the USSR and Articles 40-44 of the
constitution of Ireland
Advisor, B.N. Rau recommended that the best approach to implement the guarantees
found in Clauses (5), (6), and (8) of the Resolution would be to divide them up into
Fundamental Rights and Fundamental Principles of State policy. Rau said that the former
should contain social and economic rights that are not enforceable in court and the latter
should contain civil and political rights that are actionable in legal proceedings. Rau
conducted a thorough analysis of the various European constitution s, finding, among
other things, that the majority of them preserved some rights that were not subject to
legal challenge.23 K. Santhanam,24, an Indian Constituent Assembly member, described
the state of affairs as involving three revolutions: First, the independence-bringing
political revolution. Second, the goal of the social revolution was to free India from the
medievalism of birth, religion, tradition, and community and to rebuild her society on the
contemporary pillars of secular education, individual merit, and the law. The third was
the economic revolution, which saw the development of a planned, scientific agriculture
industry from an agrarian, prehistoric rural economy.

1.8. STATE POLICY DIRECTIVES AND THE SUBCOMMITTEE ON

FUNDAMENTAL RIGHTS
At its inaugural meeting on February 27, 1947, the Sub-Committee on Fundamental
Rights chose J.B. Kripalani to serve as its chairman. Alladi Krishnaswami Ayyar started
the conversation on the topic by pointing out that assurances of citizens' rights should be
enforceable in court and that it was pointless to establish laws that were either
unenforceable or ineffectual. The Sub-Committee concluded on March 27, 1947, that the
Munshi-recommended clauses concerning the right to work, the right to a primary
education, the right to a livable wage, and other rights were not justiciable and could not
be included in the justiciable rights chapter. The Sub Committee formulated the initial set
of DPSP for social policy on March 30, 1947. At the Sub-Committee's subsequent
meeting on March 31, 1947, it was decided to establish the so-called DPSP of Social
Policy, together with a Preamble outlining their purpose as broad guidelines for the
Government and their non-cognizability in any court. The Preamble stated: "The ideas of
social policy presented in this section are meant to serve as general guidelines for the
relevant Legislatures and Government of India (henceforth referred to as the State)." The

23 He was a member of the Imperial Legislative Assembly, and from 1946 was a member of the Indian
Constituent Assembly, from 1948 serving as Union Minister for Railways and Transport in Jawaharlal
Nehru's cabinet. See “New Lieutenant-Governors” The Hindu, February 15, 1952.
24 Interim Report of the Advisory Committee on Fundamental Rights 23 April 1947
State will be responsible for applying these principles to law and administration; no court
will have the authority to hear this matter.
The Advisory Committee on DPSP's discussions
The Subcommittee on Fundamental Rights' final draft report and the Subcommittee on
Minorities' interim report were discussed during the Advisory Committee's meeting on
April 21 and 22, 1947. The Chairman of the Advisory Committee, Vallabh Bhai Patel,
noted that the Committee had not yet considered the report on non-justiciable
Fundamental Rights and that the topic of moving specific sections from one Part to
another could be brought up at a later date.25

1.8.1. State Policy DPSP in Rau's Draft constitution

Following a brief discussion in the Advisory Committee on Fundamental Rights,
Minorities, etc. a supplementary report on August 30, 1947, the Constituent Assembly
forwarded it to the constitution al Advisory to be incorporated into the Draft constitution
and to be further reviewed by the Drafting Committee. All of the clauses pertaining to
fundamental rights and DPSP were included in Part III of the draft constitution , which
was created by constitution al advisor B.N. Rau on October 7, 1947 26. The section was
titled "Fundamental Rights including DPSP." This section was organised into three
chapters: DPSP, Fundamental Rights, and General Provisions in the first chapter. Rau's
draft included the Preamble to the fundamental principles of government as clause 10 in
Chapter 1 and the "principles" as clauses 31 to 41 in Chapter III.
The Drafting Committee on DPSP's discussions
The Assembly established a Drafting Committee on August 29, 1947, to examine Rau's
Draft constitution . The Committee elected Dr. Ambedkar as its chairman. With effect
from October 27, 1947, the Drafting Committee began its work on the Draft
constitution . On October 30, 1947, the Committee was presented with the provisions
pertaining to DPSPfor deliberation. The DPSPwere to be moved from Part III to a new
Part, it was decided. Furthermore, it was determined that the policy concepts outlined in
Chapter III should be included in a new Part that contains the Directive concepts of State
Policy, replacing clause 10 of Chapter I, entitled "General." 27 The Committee seems to
have wished to clarify the relationship between the Fundamental Rights and the DPSP. It
was decided that it would be best to combine all of the directives pertaining to the

25 B. Shiva Rao, The Framing of India’s constitution : A Selected Documents 3 (Indian Institution of
Public Administration, New Delhi, Vol.III, 1968).

26 Minutes of the Proceedings of the Drafting Committee.

27 Constituent Assembly of India - Volume VII". 19 November 1948.
Principles of State Policy in one location. Rajendra Prasad, the President of the
Constituent Assembly, delivered a very insightful statement to conclude the discussion.
He referred to the Assembly's work as being of "tremendous magnitude." He noted that
the people in charge of implementing the constitution would determine whether it
succeeds or fails. Ultimately, a constitution , akin to a machine, is an inanimate object. It
gets life from the men who run and govern it, and what India needs right now is a group
of honourable men who will put the needs of the nation first.
Adoption of the DPSP and the 1950 constitution 's inauguration
On November 26, 1949, the Constituent Assembly enacted the constitution , which went
into effect on January 26, 1950. The DPSPwere the only topics covered by Part IV of the
constitution as it was put into effect.

1.9. REVIEW OF LITERATURE

In the context of the present study, it is significant to consider some studies regarding
this research. Keeping in mind the main factors behind the DPSP and Preamble to the
constitution and to evaluate as to what extent DPSP have been incorporated by the
State via different statutes and other policies in the land and how far off is India in
becoming a social welfare State. Lots of books, research articles have been appraised
and the appraisals of some books etc. are stated underneath.

Books

1. Madan Gopal Gupta16 in his book, “Aspects of Indian constitution ”, explained

all the major aspects of our constitution and one of them is DPSP. In the
Constituent Assembly, with the introduction of the Draft constitution , Dr.
Ambedkar described these principles as “a novel feature” in a constitution
framed for Parliamentary Democracy. It was in the Spanish and the Irish
constitution s that they were included for the first time. At home, the immediate
source of these principles seems to have been free to violate its dictates. The
government might shirk away for their infringement in a court of law, but there
is the bigger and the more powerful tribunal for which an account will have to be
given.

2. Tara Chand in “History of the Freedom Movement in India” mentions all the
 constitution al development throughout the freedom movement and observes
the entire development of socio-economic, the Nehru Committee Report, 1928,
to the Three Round Table Conferences, 1930 etc.
3. S.L. Sikri deals with the historical background of DPSP as when and how were
these added in our constitution and their aim and their ways of implementation
described by our Founding Fathers in his book named as “A constitution al
History of India ''. The author has also digged out critic’s views on DPSP in an
elaborate manner i.e. the critics, in the main, contend that the promises held
forth by the DPSP are vague and uncertain; that they are not categorical on
such vital issues as labor- management relations, planning etc.; that some of
them ; that they are hoodwink the credulous Indian masses; that the solemn
dignity of a DPSP, which has been extended to the need of preserving,
protecting and maintaining the places of national and historical interest, is
hardly desirable.
4. B.R. Sharma has made an observation in his book named as “Socio-Economic

Justice under Indian constitution ” that the people of India acquired political
independence in 1947 but economic independence which means freedom from
disease and ignorance, hunger and deprivation still remains unattained by a
large section of our land. This can be made sure through DPSP. These
Principles comprise the stuff of the constitution and its philosophy of socio-
economic justice.
5. H.K. Saharay contains references to analogous constitution al provisions
under each Article of the Indian constitution with special reference to DPSP in
“Cases and Materials on the constitution of India”. Such references are
necessary to decide important points of law involved in that Article which are
also pari materia to the provisions of other constitution s. All important cases
of the SCand different High Courts of India have been set out with their ratios
laid down therein under separate and distinctive subheadings.
6. M.M. Khanna in “constitution al Acts and Administrative Policy” states that
the DPSP “are like Instruments of Instructions which were issued to the
Governor General and Governors” “under “the Government Act, 1935”. With
this Act, the federal nature of India came into existence. With the enactment of
this act large autonomy was provided to princely states, direct elections
provision and election reforms were introduced, and federal court was set up.
 “Under the draft constitution these instructions were proposed to issue
directives to state and central governments and adopted under DPSP of State
policies”. The vital difference being that the “Instruments of Instructions' '
directed the erstwhile ‘executive’ while the DPSP directed the ‘State' as defined
in Article 12 of the constitution of India.
7. M.P. Jain in his book named “Indian constitution al Law” enjoins the DPSP
with Preamble to the constitution . The ideals stated in the Preamble are
reinforced by the DPSP which elucidate in greater detail the socio-economic
content of political freedom, the aim of economic democracy and the concept
of welfare State. This book has described the DPSP as the principles which had
been lying dormant for so long have now been activated and have come to
occupy a place of importance in the scheme of constitution al law.
8. D.D. Basu while observing the categorization of DPSP in constitution al
Scheme wrote a book, “Introduction to the constitution of India”, which is
very appropriate and presents the very scientific sorting of DPSP for the
purpose of present study. In the present Edition, the effects of all leading
decisions have been incorporated, together with the constitution Amendment
Acts, to provide us a definite knowledge of where the constitution stands
today with special reference to DPSP.
9. H.O. Agarwal in “International Law and Human Rights” has explicated the
“International Covenant on Economic, Social and Cultural Rights, 1966” which
is the one of the sources of DPSP. These principles are certainly the forerunner
to the “Economic, Social and Cultural Rights” specified in the “International
Covenant on Economic, Social and Cultural Rights, 1966”.

Articles

1. Upendra Baxi categorized these principles in two classes: viz., a) fundamental

directives and b) transitional directives in this article which is titled as “Little
Done Vast-Undone: Some reflections on Reading Granville Austin’s Indian
constitution ”. Professor Baxi puts more pressure on Art. 38 and 39. According
to him, Article 38 is essential to achieve the desired constitution al aim
whereas Article 39 stipulates have gone far away when he monitors that the
directives ranging from “prohibition of cow slaughter” to duty to offer “just
 and human conditions of maternity relief” and from “prohibition of liquor” to
“protection of national monuments” fall in the type of less fundamental or
transitional directives. This new category has been criticized by lots of authors.

Paras Diwan in his article “DPSP and Fundamental Rights towards the
constitution ally Proclaimed Goal of Justice”, advanced an increasingly
pervasive categorization of DPSP. He made a comprehensive and collectively
acceptable arrangement of the DPSP in its suitable perspective. He
enthusiastically organized the directives and abstained from creating any firm
categorization and studied them in an ambiance of openness.

2. M. P. Singh relates the philosophy of the constitution behind the Fundamental

Rights and DPSP in an article titled as “The Statistics and the Dynamics of the
Fundamental Rights and the DPSP-A Human Rights Perspective”. The core of
the commitment to the social revolution lies in Part III and Part IV, in the
Fundamental Rights and in the DPSP. As ‘Justiciability’ is the basis of division
between them.
3. Arunoday Bajpai in “DPSP” examines and explores the potential of
DPSP(DPSP) for the judicial enforcement of socio-economic rights. DPSP on
the constitution al protection of human rights in general and socio-economic
rights in particular.
4. Gautam Bhatia in his article “DPSP: Theory and Practice” has attempted to
use constitution al text, history, precedent and philosophy to tether the DPSP
to a firm conceptual foundation, offering both a faithful description of existing
practice, as well as prescriptive recommendations for the road ahead. He has
expressed his views about DPSP in two parts. In the first part, he conferred that
the DPSP are best interpreted as providing the outline of values that structure
and confine the interpretation and creation of Fundamental Rights; and
secondly, in giving teeth to the DPSP, the Court has frequently implemented a
limiting principle that restrains its own character in interpretive exercise, one
that is grounded in ideas of institutional proficiency and authenticity.
5. Satya Parkash wrote an article titled as “DPSP:

Conscience of constitution ” is about the SCprodding the Central government

to take a quick decision on the uniform civil code to end the confusion over
personal laws has triggered a fresh debate over the DPSP. This is not for the
 first time that the SChas talked about implementing the DPSPwhich are treated
as fundamental in the governance of the nation. Often termed as the conscience
of the constitution , these principles were initially ignored by the SCwhile
interpreting various socio-economic rights.

Debate

Constituent Assembly Debates also appropriate to be referred here as these debates

confer all the proceedings of Constituent Assembly as “Deliberations of the Advisory
Committee” and of the “Drafting Committee on DPSP”, “Reading of the Draft
constitution in the Constituent Assembly”, and “Adoption of DPSP” as well as
amendments and all obstacles and complexities had to be faced by the “constitution al
Advisory Committee and Drafting Committee” in making separation between rights
which ought to be enforceable in Court of law and which are unenforceable.
Therefore, “constitution al Assembly Debates” cover all the proceedings of the
Constituent Assembly.

Reports

1. “Report of the National Commission to Review the Working of the

constitution ” in this report, the Commission sought to secure in its work as
broad an engagement as possible of the public. Consultation Papers on various
topics, prepared for the Commission by expert bodies, were publicized through
the print and electronic media and placed on the Commission’s website and
reactions from the people at large invited. The Commission was glad to avail
of a large number of responses received from all regions of the country, from
persons with stand-points in a wide- ranging variety of sectors. It was It is
gratifying to note the interest in the public mind in the working of the
constitution and its organs, mechanism and processes, and the frank
expression of views in this respect made no doubt with a keen sense of personal
involvement and duty as citizens with a real and direct stake in national well
being. The Report of the National Statistical Commission (2001) stresses the
importance of availability of adequate, credible and timely socio-economic
change. The Commission stresses the importance of their implementation.
 1.10. RESEARCH GAP
After the in depth review of above said books and articles, the researcher has noticed that
even though much research work has been done, still there is a lack of detailed analytical
study of socio- economic issues under the DPSPbecause existing works are either
descriptive or critical. Many judgments have been pronounced by the Hon’ble SCand
various High Courts regarding socio-economic justice under the DPSP . Policies have been
made by the government. However, how the DPSPs are as important as the Fundamental
Rights, what are the different legislations and policies laid down by Legislature for the
execution of the DPSP and different jurisprudential norms has not been appropriately
analyzed in the research literature which the researcher has taken up and reviewed further.

1.10. OBJECTIVE OF RESEARCH

The objective of the present study is:

i. To devolve upon the extent of implementation of the DPSPthrough different laws and
policy of the sucessive governments after independence.
ii. To analyze and compare the philosophy behind the DPSP of the State Policy in
relation to the realization of the Fundamental Rights and other constitution ally
guaranteed rights.
iii. To evaluate how the DPSPhas brought socio-economic justice for the people of
India.
iv. To deduce the various jurisprudential norms created by the judiciary for socio-
economic justice.

1.11. HYPOTHESIS
Though DPSP are constitution al mandates successive governments have not given
priorities in making laws, and the judicial response on the issue of social and economic
justice the attitude is in differential.
1.12. RESEARCH QUESTIONS

i. To what extent have we been able to attain the objectives and realize the goals of the
social welfare State as laid down in the constitution ?
 ii. What is the reason behind incorporating the DPSPin the constitution ?

iii. How judiciary has responded towards enacting the welfare of our citizens under the
constitution of India?

iv. What are the steps being taken by the successive government to make the Directive
principle of state policy enforceable?

1.13. RESEARCH METHODOLOGY

The present research is based on the Doctrinal method of Research, which is a non-
reactionary method of data collection. The Reactionary way of data collection by
Questionnaire, interviewing, observation, survey etc. was not resorted to. In order to
conduct this research primary as well as secondary sources like reports, Acts, Books,
Journals, Journals, Judicial verdicts, Authentic Official Records, Magazines, Newspapers
and Websites etc. is the basis of study. This research study includes the historical records
of relevant documents including Parliamentary debates, writing and speeches of Dr. B.R.
Ambedkar, the Father of Indian constitution , objects and reasons for passing the relevant
enactments etc. This methodology includes the philosophy and practices as relied on by
the researcher to integrate data and research conclusions.

1.10. Limitation of Research

Judicial outlook to the comprehension of the Part IV as a whole, to individual Principles,
and to their correlation with the Fundamental Rights, has been inconsistent till date. So this
research study of the interpretation of the DPSP will basically include the status of all the
DPSP in the present scenario which is being achieved by them after the judiciary interprets
them from time to time with different perspectives and how far the state has accepted and
implemented them. An analytical evaluation of the DPSP will also be a part of this
research, especially their role in achieving social and economic justice.
CHAPTER- II

DPSP: A CONCEPTUAL ANALYSIS

2.1 INTRODUCTION
As a fundamental element of Part IV of the Indian constitution , the DPSP of State Policies
impose certain obligations upon the State. According to Dr. B.R. Ambedkar, the DPSP holds
significant relevance as it establishes the notion of economic democracy as our objective.
The incorporation of the DPSP into constitution al law is limited to political democracies,
excluding social and economic democracies. Part IV was inserted to establish a set of
instructions that legislators and future presidents might use as a blueprint for effective
national governance. Part IV functions as a formal "Instrument of Instructions for the
governance of the country." The Fourth Amendment of the constitution holds great
significance since it has played a pivotal role in enabling the State to ensure equitable social
and economic circumstances for all individuals in India. 28

The development of the DPSP has undergone various stages. The formulation of these
concepts pertaining to social and economic rights was influenced by the three fundamental
components of political rights, namely liberty, equality, and freedom. 29 As a result, Part IV of
the Indian constitution encompasses affirmative responsibilities, also referred to as non-
justifiable rights that function as "directives" to steer the State in the development of
legislation and policies. The Directives refer to a set of concepts that the World Bank
considers essential for the growth of the global economy. These principles are incorporated
into the constitution through the DPSP.30 The framers of the constitution aimed to
incorporate specific fundamental ideas for socioeconomic progress into the DPSP, beliefs that
were believed to be endorsed by welfare states. The Indian Peace Principles (DPSP) are
formulated based on the provisions outlined in Part IV of the constitution . 31 Despite the
Court's declaration of the DPSP as "non enforceable," it is incumbent upon the government to
uphold these principles during the legislative process in order to maintain a just and unbiased
social framework in India.32 These principles are deemed essential in the governance of the
nation. Hence, in order for the State to attain the goal of becoming a "Welfare State" as

28 A. David Ambrose, DPSPand Distribution of Material Resources with Special Reference to Natural
Resources – Recent Trends, 1 Journal of the Indian Law Institute 55, 56 (2013).
29J .N. Pandey, The constitution al Law of India, 433 (51th ed., 2014)
30 According to Dr. B.R. Ambedkar, these are instructions to the Legislature and the Executive. Such a thing is
to my mind to be welcomed, wherever there is a grant of power in general terms for peace, order and good
Government, it is necessary that it should be accompanied by instructions regarding its exercise.
31 Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789.
32 Art.37, the constitution of India: The provisions contained in this Part shall not be enforceable by any court,
but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall
be the duty of the State to apply these principles in making laws
outlined in the Indian constitution , it is imperative to employ these principles with a
profound moral duty.33

2.2 MEANING, NATURE AND SCOPE OF THE DPSP

The DPSP is grounded in the socialist philosophy. While these moral principles are not
legally obligatory, the State can still enforce the DPSP by enacting laws to effectively
safeguard India's social and economic interests. The State is furnished with directives for
34
formulating its legislation and administrative protocols. In order to ascertain the character
and goal of the DPSP, we will present the perspective of the members of the Constituent
Assembly. In the words of Mr. N. Ahmad,

“These seem to be devotional deeds. They are superfluities of piety; they have no binding
force. Every constitution al principle, in my opinion, ought to confer a right, and that right
ought to be upheld both internally and externally by the courts. A right that is violated
becomes a wrong and gives rise to a recognized cause of action. Consequently, a right
infringement may occur and lead to a lawsuit. These cases probably wouldn't be filed very
quickly.

Nonetheless, it would be incorrect to include the so-called rights in the statute if a

fundamental right is proclaimed with great ceremony in a significant document like the
Indian constitution and if there is no legal recourse for its infraction. I contend, sir, that
these ideas are so widely accepted that a formal declaration of them in a constitution is not
required, even while making sure they cannot be contested in court. If statutes include these
purely directive concepts with no legal weight behind them, then I argue that other
principles, such as "don't tell a lie" and "don't treat your neighbor badly," should be
included equally. The same foundation should be used to introduce the Ten Commandments
found in the Bible as well as the extra commandments found in various religions and real-
world situations. A principle must be enforceable in a court of law and justiciable if it is to
be stated. If not, there should be no mention of it in a constitution .35”

He further observed that

“I argue that these moral precepts shouldn't be established until they are accepted by the law
and have legal force behind them. The establishment of religious beliefs without their being
33 V.N. Shukla’s constitution of India, 345 (M.P. Singh, 11th ed., 2008).
34 N.V. Paranjape, Directive Principle under Indian constitution , 23 (1st ed., 1975).
35 Statement by N. Ahmad, Constituent Assembly Debate, Vol. VII, 225 (05/11/1948).
made legally enforced, in my opinion, would be comparable to making resolutions for the
New Year that are then promptly broken by the end of January. I contend that it is
unnecessary to express these kind wishes because they are so clear. You might also
encourage individuals to break bad behaviors like sleeping in, being nice to their neighbors,
and so on by articulating them. I argue, sir, that these should not be in the constitution .”36

Mr. Kazi Syed Karimuddin, the critics of these principles, has opined that,

“Part IV's observations are ambiguous. We want to discuss more than simply philosophical
or economic concepts these days. Our goal is for the nation's economy to grow in a way that
will lift the majority of the underprivileged people out of poverty. The nationalization of the
industries is not guaranteed or promised by this written constitution . The eradication of
Zamindaries is not guaranteed. It's just a drift, nothing more. All it is doing is sidestepping
the entire topic of a free India's constitution . It is a tremendous shame that the Free India
constitution lacks a clear economic framework.”37

According to Prof. K.T. Shah,38 directives are

“A non-binding, non-justiciable check made payable to the bank whenever the bank sees fit.
People have the right to expect their expectations to be met, and you have to come up with a
solution if you can't think of a way to make that happen right now, other than maybe holding
regular general elections in which ministries could be fired for failing to fulfill their duties.”.

Prof. K.T. Shah emphasized that these provisions must be enforced and that the State also has
the right to ensure that every citizen performs his duties towards the State. As per the critical
view of Mahbood Ali Baig Sahib Bhadur, the insertion of these principles in the Indian
constitution was against the democratic character of the constitution and also unfavourable
to parliamentary democracy. He stated,

“Under these conditions, in a parliamentary democracy where the parliament is chosen and
elected on the basis of party platforms and programs, what role do these DPSPhave? That is
the most crucial factor we should think about. We can see instances where the beliefs and
policies of a party that the electorate reelected disagree with what this chapter explains. It
has come to our attention that the Conservatives in the British Parliament are opposed to the
nationalization of iron and steel.
36 Statement by N. Ahmad, Constituent Assembly Debates, Vol. VII, 475 (19/11/1948).
37 Statement by K.S. Karimuddin, Constituent Assembly Debates, Vol. VII, 244 (05/11/1948).
38 Statement by K.T. Shah, Constituent Assembly Debates, Vol. VII, 479 (19/11/1948).
We've heard that yesterday was a very interesting day. Without a doubt, the Labour
Government defeated it; this demonstrates that political parties have different and unique
platforms and that, in a parliamentary democracy, the parties are re-elected to parliament
based solely on their merits. What role do these ideals play in our constitution , considering
that this is the position it envisions and upholds? It is apparent that they are not here.
Compared to the parliamentary democracy envisioned here, it is anti-democratic. Are the
political parties in the nation to be bound by these principles to the specific platform and
ideals that are stated here? Without a certainty, that won't be the parliamentary democracy
that the people desire or democracy at all. I therefore argue that these ideas are incorrect
and at odds with the fundamental ideas of parliamentary democracy. 39”.

Since the DPSP were non-justiciable and there is no binding force, Dr. P.S. Deshmukh
strongly condemned the inclusion of these under Part IV of the constitution of India.
According to him, there was difference in the situations in India and Ireland, therefore, India
should not accept the provisions regarding the DPSP enumerated under the Irish
constitution . He stated that,

“Nothing comparable existed between the two nations. At the end of the day, Ireland was a
little nation with just twenty-nine lakh individuals, whereas millions of people resided in
India. As a result, Indian civilization required a set of governing principles. The 'directive'
just establishes the minimal minimum that all governments must adhere to. As such, they are
hollow declarations of the minimal. Considering the catastrophic situation this nation finds
itself in, it is pointless to hold out nebulous, distant hopes without offering any practical
methods of realizing them.”. 40

The above criticism against the DPSP developed because of the non enforceable nature of
these principles, as they were believed to be dead letters because of their nature. In reality,
the DPSP were considered as the way to guarantee socio-economic rights. Also, they were
designed as a tool to introduce socio-economic democracy to the nation. Because of the
objectives of the DPSP, a ray of hope was formulated that these principles ensured the socio-
economic rights of the citizens of India in addition to the political democracy with the help of
the Fundamental rights.

39 Statement by M.A.B.S. Bhadur, Constituent Assembly Debates, Vol. VII, 479 (19/11/1948).
40 Statement by P.S. Deshmukh, Constituent Assembly Debates, Vol. VII, 369 (19/11/1948).
However the above criticism made by several associates of Constituent Assembly had been
answered by Sir Krishnaswami Ayyar41 and Dr B.R. Ambedkar on behalf of the Drafting
Committee. Sir Krishnaswani Ayyar and Dr. B.R. Ambedkar supported the addition of DPSP
as,

“These claim that these are only religious pronouncements. There is no force tying them
down. Of course, the criticism is unwarranted. This is stated numerous times in the
constitution itself.I will acknowledge that there is a contention over the unenforceability of
the DPSP. But I'm not ready to give up on them as a uniting factor of any kind. Neither of us
is prepared to accept that they have no legal weight and are thus meaningless.I'll see you
later.The DPSP are comparable to the 1935 Act, which provided advice to the Governor
General, the Governors of the Colonies, and the Governors of India. The Draft constitution
's Schedule IV outlines the procedure for issuing these Instruments of Instruction. An
alternative name for the Instruments of Instruction is the DPSP. The fact that they are
directions to the Legislature and the Executive is the primary distinction. That kind of
activity should be appreciated, in my opinion. Regulations controlling the use of broad
authority are necessary whenever it is granted to maintain law and order and good
governance.”.

He further stated that,

“Furthermore, it becomes legally actionable to include such commands in a proposed

constitution , as the one included in the Draft constitution . The Draft constitution , as
written, only establishes the framework for the federal government. It is not a plot to remove
a particular political party, as has been done in other nations. The people will always decide
who should be in charge; for a system to work, democracy must be upheld. In any case, the
new owner of the power won't be able to utilize it whatever they choose. He is required to
follow these guidelines—also known as the DPSP—while utilizing it. He is unable to ignore
them. In a court of law, he might not be held responsible for their violation. However, when
it comes time for elections, he will have to answer to the people. When the forces of
righteousness overcome the powers that be, the lofty aspirations enshrined in these DPSP
will be fully achieved.”.

Dr. Ambedkar, while explaining the significance of the DPSP, said that,

41 Statement by B.R. Ambedkar, Constituent Assembly Debates, Vol. VII, 41 (19/11/1948).

 “One of the mechanisms used to establish what is known as parliamentary democracy is
found in our constitution . The motto of a parliamentary democracy is "one man, one vote."
Furthermore, we propose that all governments should be accessible to the public and voters
in order to allow them to evaluate the government's performance after a predetermined
amount of time, in addition to conducting everyday business. By all means, this constitution
is a political democracy since we did not establish a permanent autocracy over any one
group of people. As established as political democracy is, we also need to define our ideal
kind of economic democracy.42

We don't just set up a framework that anybody may utilize to seize control. The constitution
also seeks to create a standard for those who would comprise the government. One man, one
vote is how economic democracy is idealized, as far as I can tell. This begs the question: Are
we currently planning the implementation of economic democracy? There are differing
opinions regarding the establishment of economic democracy.

Some think that individualism is the best form of economic democracy; others think that
socialistic states are the best form of economic democracy; while still others think that
communism is the best form of economic democracy. We have included a flexible element in
the names of the guiding principles in order to accommodate the variety of approaches that
can be employed in the construction of economic democracy. We have given those who have
different opinions about how to bring democratic ideals to life plenty of chances to try and
convince voters that the best path to economic democracy is to give them the greatest amount
of control over their conduct. For that reason, sir, the wording of the articles in Part IV
remains as this Drafting Committee saw fit. Anything that is inherently adaptable, always
evolving, and occasionally in need of even more drastic modification is pointless to provide.
Therefore, claiming that the DPSP are worthless is pointless. Since the rules explicitly state
that economic democracy is our ultimate aim, I believe they are quite valuable. We
purposefully included the DPSP in our constitution to prevent just imposing a
parliamentary form of government through the many channels offered, without any guidance
as to what our social order or economic ideal aspired to be.

The majority of the misconceptions that the majority of members suffer from should, in my
opinion, vanish if the friends who are upset about this issue recall what I just said about how
our goal in drafting this constitution is really to fold—that is, (i) establish the framework for

42 Ibid.
political democracy and (ii) establish that economic democracy is our ideal and that every
government that comes into power must work to bring about economic democracy. Dr.
Ambedkar underlined that governments in India are required by the Indian constitution to
respect these ideals. The DPSP declared its intention to create "economic democracy," but
as it is "non-enforceable," the State is not legally required to carry out its goals. 43

The constitution gives ample scope for future legislature and the future parliament to evolve
any economic order and to undertake any legislation the choose in public interests, even
though it does not commit the country to any particular form of economic structure or social
adjustment," Sir A.K. Swami Ayyar responded to the members of the Constituent Assembly
who were doubting the significance of the DPSP. In fact, these guidelines should give the
government an efficacy measure that will enable them to determine their success or failure.
The several Articles that serve as the guiding principles of social policy are significant and
important in this regard. Although fundamental principles are not legally enforceable or
susceptible to judicial review, Article 29 (previously known as Article 37) declares that they
are still essential to the nation's governance and that the State has a duty to defend them
when enacting legislation. It is illogical to believe that a responsible legislature or
government chosen by universal suffrage cannot or will not follow these ideals”.

The deliberation conducted in the Constituent Assembly clearly demonstrates that:

a) The DPSP is inherently limited to processing "Instructions". These principles uphold the
State's jurisdiction to develop legislative and executive measures that align with the
provisions of Part IV of the Indian constitution . These regulations will function as the
fundamental basis for all legislative and administrative measures implemented by the
State.
b) Articles 36 through 51 of the Indian constitution , collectively known as the DPSP,
delineate the provisions aimed at protecting social justice as defined under the
constitution , notwithstanding the absence of any statutory entitlements or constitution
al recourse. The DPSP, as stated in the Preamble, delineates the methodology for
achieving the objectives of socialism and secularism, while safeguarding the political,
social, and economic entitlements of Indian citizens. Consequently, we are unable to
diverge.

43 N.V. Paranjape, Directive Principle under Indian constitution , 23 (1st ed., 1975).
c) The goals and strategies that the State must employ in order to rule the nation are
outlined in the DPSP. They give instructions to the legislative and executive branches
about when, how, and to what extent to utilize their authority.
d) Despite the fact that courts do not uphold the DPSP, these regulations give citizens a
framework for assessing the efficacy or shortcomings of their government. If citizens
believe the "DPSP" are not doing a good enough job of establishing socio-economic
democracy, they have the ability to change their government by voting. Consequently, it
is accurate to state that voter anxiety, not legal concerns, is the reason the DPSP has not
been put into effect.
e) The Indian constitution 's Part IV DPSP and Part III Fundamental Rights together
constitute the "integrated plan," with the DPSP placing positive obligations on the State
and the Fundamental Rights placing negative limits on it.
f) One of the most important elements in the establishment of a welfare state is the DPSP,
which will promote the growth of an equitable distribution of income and opportunities
within the social and economic structures. As a result, these ideas aid in the
accomplishment of national policy goals.

Now that we are familiar with the characteristics of the core DPSP components, let's look at
them.

i) FUNDAMENTALITY OF DPSP

Despite lacking legal enforceability, Part IV themes are widely recognized as essential in the
government of the nation. It is worth noting that a minority of the members of the Constituent
Assembly expressed support for the idea put out by Sardar Patel, the Chairman of the
Advisory Committee on Fundamental Rights. He argues that the Fourth Part of the Indian
constitution should be designated as "Fundamental" rather than "Directive". According to
proponents of Sardar Patel's plan, the DPSP and the Fundamental Rights are essentially
identical, except for the fact that the former may be enforced, but the latter cannot. However,
a significant proportion of the members of the Constituent Assembly declined this proposal.
Dr. Ambedkar argues that Shri H.V. Kamath's objective of considering these principles as
essential has already been accomplished through the inclusion of the term "basic" in Article
29, specifically in relation to the retention of the word "Directive" in the title of Part IV.

The suggestion was declined by her. He stated that the Constituent Assembly's passage of
that portion of the constitution offered future legislatures and the executive branch with
clear instructions on how to perform their respective duties, highlighting the importance and
necessity of doing so. The objective of the Constituent Assembly will be undermined if the
term "Directive" is eliminated. Moreover, the speaker noted that the Constituent Assembly
had the objective of ensuring that these values would not only be recognized by the
legislative and executive branches, but also serve as the fundamental basis for all forthcoming
endeavors in the realm of national administration.

The term "fundamental" in Part III implies that the rights addressed in this part are considered
the fundamental basis of the democratic declaration outlined in the constitution . This word
also implies the significance of these rights. 44The constitution of India safeguards the rights
of its citizens, thereby prohibiting ordinary legislation from infringing upon these rights.
Articles 13, 32, and 226 of the Indian constitution protect the fundamental components of
Part III and provide guidelines for ensuring the protection of these rights. The government
enacts a diverse range of legislation and measures to ensure the proper administration of the
country. When implementing these initiatives and programs, it is imperative for the State to
duly consider the DPSP. The word "Fundamental in Governance of the Country," as
employed in Article 37 of Part IV of the Indian constitution , is commonly interpreted as
referring to the DPSP. Given that the importance of governance in a nation cannot be
overstated, it follows that the State has a responsibility to adhere to the DPSP(DPSP).

ii) PROVISIONS OF PART IV ARE MANDATORY IN NATURE

In accordance with the provisions stated in Articles 37 45 and 38,46 the State is obligated to
make efforts towards enhancing the welfare of its populace through the pursuit of the
objectives delineated in these principles. Moreover, the employment of imperative language,
namely the phrase "State shall," as seen in Articles 38, 47 39,39A, 40, 41, 42, 43A, and 50,
necessitates the state's obligation to execute the objectives delineated within these
aforementioned Articles. The inclusion of phrases such as "The State shall endeavor to"

44 Statement by A.K. Ayyar, Constituent Assembly Debates, Vol. VII, 336 (19/11/1948).
45 Art. 37: The provisions contained in this Part shall not be enforceable but the principles therein laid down
nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these
principles in making laws.
46 J. Chandrachud, Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, Para 2134
47 Art. 38: State to secure a social order for the promotion of welfare of the people: i) The State shall strive to
promote the welfare of the people by securing and protecting as effectively as it may a social order in which
justice, social, economic and political, shall inform all the institutions of the national life. ii) The State shall, in
particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status,
facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different
areas or engaged in different vocations.
imposes obligations on the state to implement the principles outlined in Articles 43, 44, 45,
48, 48A, and 51.According to Article 47, one of the main obligations of the State is to
improve the quality of life and nutrition of the population, as well as enhance public health.
Therefore, it can be deduced that the members of the Constituent Assembly considered the
DPSP to be necessary or mandatory, as indicated by the language employed in the different
Articles of the DPSP.

i. The State Shall

ii. The State shall strive
iii. The State shall endeavour
iv. The State shall regard...its primary duty.
v. It shall be obligation of the State

Let’s discuss these terms of Part IV in detail.

i. “shall”

Most individuals perceive "shall" as a mandatory instruction. The utilization of said

sentence serves as evidence of its significance. The inclusion of the term "shall" confers
legal significance upon the sentence.

ii. “shall endeavour”

This statement succinctly captures the fundamental nature of the Act. Hence, it seems that
the State is obligated under the constitution to perform the cultural, economic, and social
duties mentioned in the Articles where the phrase "shall endeavor" is present.

iii. “shall regard.....primary duty”

Article 47 imposes an obligatory duty on the State.

iv. “shall be obligation”

The term "obligation" as defined in Article 49 pertains to the specific duties that the State
is obligated to carry out.

v. “shall strive”

Ambedkar deemed it imperative to include the definition of "strive" in Article 38. Based
on his statement, thirty The inclusion of the term "strive" in the Draught constitution
 was motivated by the framers' desire for the government to consistently endeavor towards
achieving these objectives, even in the face of prohibitions or barriers. If the term "strive"
were removed, any administration would argue that the circumstances were so dire that
they lacked the necessary resources to make the necessary changes as mandated by the
constitution .48

Hence, the enactment of Articles 37–51 signifies the imperative for the State to enforce
the provisions of Articles 38–51 in order to achieve the objectives delineated within these
principles. Consequently, the State is obligated to adhere to these "DPSP'' while enacting
legislation and achieving the objectives specified in these Articles. The implementation of
Part IV provisions is no longer subject to court petitions due to the "non-enforceable"
status of Part IV, which is a consequence of the rules outlined in Article 37, Part I.
Professor H.M. Seervai is one of the legal scholars who have provided a more extensive
analysis of Article 37, Part I. He arrived at the subsequent conclusions.

The DPSP(DPSP) do not possess legal authority to mandate the State or the Parliament to
pass legislation that supports these values.

The DPSP does not confer any legal entitlements upon individuals that can be invoked as
evidentiary support in a court of law.

The absence of legal enforcement for the DPSP is evident. However, these parts are the
fundamental components of the ultimate law.

The statute remains in force despite being in violation of the DPSP. Although it is
accurate that citizens are unable to petition the Court for the implementation of the DPSP,
this does not imply that Prof. Seervai's viewpoint on the DPSP may be deemed valid.
Seervai asserts that Article 37, Part I, of the DPSP does not impose any obligations on the
Legislature or the Executive. Nevertheless, the assertions outlined in Article 37, Part I,
indicate the indispensability of these principles. However, these DPSP are considered to
be essential in the administration of the country.The Court will not enforce the
requirements of this Part. The State will integrate these principles into the development of
legislation. The line but the principles therein laid down are nevertheless fundamental in
making laws" is found immediately after the first sentence, "The provision contained in
this Part shall not be enforceable by any court.

48 M.C. Markandan, DPSPin Indian constitution , 169 (1st ed., 1987)

 However, two out of the three words in Article 37 commence with this phrase. In the
second proposition of Article 37, the inclusion of the term "nevertheless" appears to
expand the scope of the first and third statements. There exists an assertion that,
considering this expansion, the DPSP ought not to be interpreted in a manner that
absolves the State of any responsibilities. If we were to adhere just to the first assertion of
Article 37, the second and third assertions would become unnecessary. Given that the
framers of the constitution regarded the DPSP as the antecedent to social and economic
rights, it is evident that they did not harbor such aspirations. Art. 37 claims should be
considered equally relevant due to their equal substantiality. Although the Court has ruled
that the Part IV provisions are not enforceable, a balanced interpretation would suggest
that the State is nevertheless obligated to include these ideas in law.49

iii) NON-ENFORCEABILITY OF DPSP

While the language employed in Part IV appears to impose the DPSP, it is evident from the
constitution that these concepts are not subject to enforcement by the Court of law. The
utilization of this DPSP by the State during the legislative process is not mandated by a court
order. Consequently, "judicial proceedings are ineffective in ensuring compliance or
enforcement of a directive if it is not followed or enforced by the State." However, given
their significance in the government of the nation, it is imperative for the State to implement
these concepts through the enactment of legislation. The legal non-enforceability and non
justiciability of these principles can be attributed to their imposition of positive
responsibilities on the state, as stated by M.P. Jain.

Although the government is making aggressive efforts, it faces several operational problems,
with the main one being a scarcity of financial resources. The constitution 's founders opted
against using the legal system to enforce the DPSP due to India's scarcity of skilled
workforce and sufficient financial resources after gaining independence. Instead, they opted
for a more rational approach. In this case, it is crucial to emphasize that the "non-
enforceability" clause must be promptly removed due to the following reasons:

a) Due to the legislative enactment of several legislation, the DPSP have been effectively
implemented and are presently primarily enforceable in the Court as statutory rights

49 H.M. Seervai, constitution al Law of India, 1923 (3rd ed., 1975).

b) The rulings of judges expand the scope of the DPSP(DPSP) and confer upon certain
DPSP the recognition of Fundamental Rights.50

2.3 CLASSIFICATION OF DPSP

Part IV of the Indian constitution comprises a total of twenty articles, which are sequentially
numbered from 36 to 51. This section encompasses several state projects that are designed to
address challenges pertaining to legislation, administration, culture, education, and the
economy. Several of the framers of the constitution made efforts to classify these concepts
into separate categories. The following is an elucidation of the structure of this category.

2.3.1 PROFESSOR BAXI'S CLASSIFICATION OF THE PART IV OF THE

51
constitution

Prof. Upendra Baxi defended his “two-fold classification” of the DPSP by dividing them into
two parts

A. Fundamental Directives

The aforementioned instructions, also known as the "Social Revolution Directives," pertain to
the implementation of "Social Order," as delineated in the Indian constitution .

B. Transitional Directives

As per Professor Baxi's assertion, the DPSPs falling under the second group possess distinct
objectives that must be accomplished within a specified timeframe to be deemed
"fundamental in the governance of the nation." Acceptance of the previously proposed
classification, as stated by Baxi, will provide essential guidance for subtle differentiation
among the DPSP. In order to substantiate this categorization, the individual in question
additionally formulated an additional set of DPSP referred to as "Objectionable Directives."
An example of such a rule is the prohibition against cow killing.

2.3.2 GAJENDRAGADKAR’S CLASSIFICATION OF THE DPSP52

50 M.P. Jain, Indian constitution al Law, 738 (4th ed., 2002).

51 U. Baxi, Little Done Vast-Undone: Some reflections on Reading Granville Austin’s Indian constitution , 9
Journal of the Indian Law Institute 323, 362 (1967).
52 P.B. Gajendragadhker, The constitution of India: Its Philosophy and Basic Postulates 18 (1st ed., 1969)
Prof. P.B. Gajendragadkar, the former Chief Justice of the Indian Supreme Court, presented a
lecture on the "constitution of India: Its Philosophy and Basic Postulates" at the Gandhi
Memorial Lectures in 1969. During this lecture, he categorized Part IV of the Indian
constitution into four primary categories of principles. The primary focus of the first
category is the DPSP, which mandate that both federal and state governments establish a
"social order" in order to achieve social, political, and economic fairness across all three
domains.

The concepts within the second category are related to "regulatory policies implemented by
the Government." The third category pertains to the social and economic rights of
individuals. The fourth segment encompasses many provisions that are relevant to the
concept of "international policy". Therefore, Part IV provides a comprehensive overview of
the progressive ideals that the constitution aims to establish as the basis for governing the
nation. There are two apparent justifications for the validity of Gajendragadkar's
classification. It accomplished two goals: firstly, it provided a framework for interpreting the
DPSP; secondly, it is a clear and unequivocal classification that eliminates any concepts that
are common to two separate groups.

2.3.3 D.D. BASU’S CLASSIFICATION OF THE DPSP53

Directives in the Nature of State Ideals: To improve the country's economic position, the
government should uphold these kinds of principles. Regulations Creating the State's Policy:
These regulations specify how the executive and legislative branches are to exercise their
respective powers. Basu states that "India will achieve economic justice by adhering to the
ideals outlined in these articles.

The subject matter this group covers is "The State shall nevertheless aim at securing by
regulation of its legislative and administrative policy". Basu's classification is supported by
scientific reasoning even though it incorporates the overlapping explanation of the DPSP.
According to the Preamble, the State aims to provide economic justice, and he was successful
in doing so by classifying the DPSP in a unique and original way.

53 D.D. Basu, Introduction to the constitution of India, 151 (20th ed., 2009).
2.3.4 RANBIR SINGH AND A. LAKSHMINATH’S CLASSIFICATION OF THE
DIRECTIVES PRINCIPLES OF STATE POLICY54

Singh, Richard. Additionally, Lakshminath attempted to classify the DPSP. Four categories
were established as a result of these concepts. A. All laws connected to economic principles
and socialism fall under this category. Following its independence, India's society and
economy were still in their infancy. The issues of "social and economic justice" are covered
in the constitution . The second section's provisions are based on the "Gandhian Principles".
Many Gandhian ideas were incorporated by the constitution 's framers into the British
struggle for India's independence.

The third portion contains the International Principles, which describe the steps India has
done to promote good relations with other countries. This classification makes sense in part.
Gandhianism and socialism have an influence on several of the laws. However, the clauses
about "free legal aid," "for the protection and improvement of the environment," and
"safeguard of forest and wildlife" are not included in this group. The final section offers
recommendations for the "separation of powers between the judiciary and executive," the
"preservation of historical monuments," and the national adoption of the "uniform civil
code."

2.3.5 J.N. PANDEY’S CLASSIFICATION OF THE DPSP55

The Social and Economic Charter lays out the core principles of "socioeconomic justice" that
a socialist state is able to uphold. The socioeconomic Security Charter explains the DPSP,
which contribute to bettering socioeconomic conditions in society. The two Articles that
require "the State to administer 'distributive justice' in the sphere of law-making connote,
among other things, the removal of economic inequalities rectifying the injustice resulting
from dealings and transactions between unequal in society.

These consist of the following: "raising the standard of living," "promotion of educational
economic interest," "living wage and participation of workers in management of industries,"
"early childhood care and education," "public assistance in old age etc." , along with "free
legal aid to economically backward classes with a view to providing equal justice." .
Community Welfare Charter: Professor Pandey enumerated the DPSP of the Third Charter,
which pertain to the general welfare of society. Prof. Pandey's description of these appears
54 R. Singh & A. Lakshminath, constitution al Law, 308 (15 ed., 2006).
55 J.N. Pandey, The constitution al Law of India, 436 (51th ed., 2014).
inadequate because it appears he haphazardly consolidated all of the DPSP into a single
charter. It is difficult to understand how these concepts apply to the following: "organization
of agriculture and animal husbandry," "protection and improvement of forests and wild life,"
"protection of monuments and places and objects of national importance," "separation of
judiciary from executive," and "organization of village panchayats."

2.3.6 PROFESSOR DIWAN’S APPROACH TO THE DPSP56

Prof. Paras Diwan placed the DPSP in the broadest category. He gave the DPSP an A+. Three
articles, General Principles of Social Policy (Parts 36, 37, and 38). "State" is defined in Part
IV of the Indian constitution , Article 36. "The term 'State' shall have the same meaning as in
Part III of the constitution ," it states. According to this theory, the DPSP must be protected
for moral reasons by the federal government, the states, and local governments. According to
Article 38, which lays out the principles of socialism, the state shall, among other things,
"strive to secure and protect as effectively as it may a social order in which justice, social,
economic, and political, shall inform all the institutions of the national life," in order to
advance the welfare of the people. It maintains the idea of social, political, and economic
justice found in the Preamble.

As stated in this Article, the State will perform its responsibilities under the Preamble in the
meantime. The three DPSP elements listed below are covered in Art. 37: a. No court has the
jurisdiction to impose the DPSP. This article adds another important clause that needs to be
discussed: "The principles laid down in this article are fundamental to the country's
governance, and it shall be the duty of the State to apply these principles in making laws."
The provisions contained in this article shall not be enforceable by any court. 57

They're "fundamental in the country's governance." A. In addition, if the DPSP are

recognized as "fundamental in the governance of the country" and that "a duty is imposed on
the State to apply these principles in making laws," what would be the legal and constitution
al ramifications of Art. 37 of the Indian constitution Is it unclear what would happen if the
State chose to ignore the DPSP? What are the consequences for violating these rules, and
who is in charge of enforcing them? While the country's founders intended the DPSP to
govern, people cannot honestly argue that the court is backing the enforcement of these

56 G. Austin, Indian constitution : Cornerstone of a Nation, 26 (2nd ed., 1999).

57 T. Khaitan, DPSP and the Expressive Accommodation of Ideological Dissenters, 16 International Journal of
constitution al Law 389, 405 (2018).
ideals. Instead, the citizens state that "the State shall use these principles as a guide when
enacting laws.

Any government that chooses to ignore them will surely have to justify its policies to the
electorate come election season," Dr. Ambedkar said, inviting the members of the Constituent
Assembly to adopt Part IV. Consequently, the DPSP are regarded as "non-justiciable" and
"non-enforceable." "It is the intention of the Assembly that in future both the legislature and
the executive should not merely pay lip service to these principles but they should be made
the basis of the legislative and executive action that may be taken hereafter in the matter of
governance of the country," it said. These principles are "nonenforceable by Courts," as was
previously mentioned in the DPSP review, but they still apply to all State organs. In other
words, the State disobeys both the Indian constitution and the DPSP if these principles are
not adhered to, which would be considered a "breach of faith" and make a large chunk of the
Indian constitution "a dead letter.

The Indian constitution 's Art. 39 delves into the principles pertaining to "the socio-
economic rights of the citizens," which are based on the concept of "social justice."58
Consequently, the primary aim of the framers was to improve the circumstances of the less
fortunate groups in society. Consequently, the constitution was amended to include Article
39. It might be argued that the application of Art. 39 partially satisfies the goals stated in Art.
38. However, it is the least significant program for establishing "social order according to
Article 38. According to Nehru, "the service of India means the service of the millions who
suffer." This entails the abolition of opportunity, inequity, poverty, and ignorance. The goal
of the greatest individual in history has always been to wipe away every tear from every eye.

Even though they may be beyond our means, we will continue to work toward resolving
grievances and suffering until they do. Article 41 of the constitution emphasizes the State's
obligation to "make effective provisions for securing the right to work, to education, and to
public assistance in cases of unemployment, old age, sickness and disablement, and in other
cases of undeserved want, within the limits of its economic capacity and development."
Article 42 also defines the State's responsibility to "make provision for maternity relief and
for securing just and humane conditions of work." Art. 39 would be incomplete without
mentioning the constitution 's provisions promoting "the welfare of the workers." 58The State
will specifically work to support individual or cooperative cottage industries in rural areas.
58 C. Pal, Independence of Judiciary: Some aspects of Indian Experience, 9 Journal of the Bar Council of India
282, 292 (1982).
 This leads us to the conclusion that each of the aforementioned Articles significantly
advances the "socio-economic justice" goal outlined in the Indian constitution . Article 43
provides that "the State shall endeavor to secure, by suitable legislation or economic
organization or in any other way, to all workers, agricultural, industrial, or otherwise, work, a
living wage, conditions of work ensuring a decent standard of life and full enjoyment of
leisure and social and cultural opportunities." B. Protection of Minorities and Other Groups in
Society: The "Caste System" that typified ancient Indian society's diversification
discriminated against the "Scheduled Caste" and the "Scheduled Tribes," who are referred to
as "socially and economically weaker sections of the community," and the framers of the
constitution were concerned about their advancement.

Under Article 46, which states that The State shall protect the Scheduled Castes and
Scheduled Tribes from social injustice and all forms of exploitation, and shall promote with
special care the educational and economic interests of the weaker sections of the people," the
following three groups are thus protected: a. The less powerful social groups, b. The
Scheduled Castes and c. The Scheduled Tribes: The Scheduled Castes and Tribes are
protected under Article 46 of the constitution since their protection was carefully considered
by the framers. Determining the "weaker section of society" was, however, their greatest
challenge.

The two Articles should be applied together, taking into account the particulars of each case
in order to identify "the weaker section of the society." Gandhian Ideals, Prohibition, and the
Advancement of the Cottage Industry: According to Dr. Ambedkar, during the Constituent
Assembly, "there was a considerable feeling in the House in favour of governmental
encouragement for the cottage industry". Decentralization of the constitution and the
establishment of the Panchayati Raj were also met with great support; Article 15(4) of the
Indian constitution mandates that the State make special provisions for the benefit of the
"socially and educationally backward classes of citizens." The two aforementioned principles
are the "establishment of Panchayati Raj" and the "promotion of the cottage industry."
However, given the recent emphasis on industrialization and the installation of a highly
59
centralized federal system, it was necessary to include these concepts among the DPSP.

In this regard, rural India is essential because it is known as the "agricultural country" and
because the cottage industry, which pays all rural laborers and employs them, can be pushed
59 Central Inland Water Corporation v. Brojo Nath Ganguly, (1986) 3 SCC 156; Lingappa Pochanna Appelwar
v. State of Maharashtra, (1985) 1 SCC 479.
to imitate the rural economy there. Article 40 requires the State to establish village
panchayats, and the last sentence of Article 43 states, "The State shall endeavor to promote
cottage industries on an individual or cooperative basis in rural areas." These benefits are
available to all worker categories, which include people and groups as well as those
employed in the arts, crafts, and industry. Including the Panchyati Raj in the DPSP for rural
India is a great idea. The roles that these institutions play in matters of jurisdiction are the
main focus. But there's a lot of disagreement right now about how this process works.

This case is a good instance to show that in this country the Panchayat Courts ought not to be
invested with criminal jurisdiction," the Madras high court wrote. Their personal grudges
against specific people and the local political establishment appear to be taking control.
Therefore, it may be argued that a variety of factors, including poverty and illiteracy, make it
challenging for the Panchayats to fulfill their duties. The effective administration of these
institutions depends on the torchbearer's integrity and comprehension of the regulations.
Numerous Indian governments have taken the lead in enacting state-level legislation that
creates "Village Panchayats" in compliance with the aforementioned DPSP. Article 47, Part
II of the constitution states that "the State shall endeavour to bring about prohibition of the
consumption of intoxicating drinks and drugs which are injurious to health, except for
medicinal purposes.

Due to its fundamental reliance on agriculture, Hindu civilization has consistently prioritized
the protection and well-being of its bovine population, including cows and other livestock.
However, it is imperative to acknowledge the theological rationale behind the preservation of
cows. The paucity of milk in India necessitates the preservation of these milk cows.
According to Article 48, the State is obligated to make efforts to establish contemporary and
scientific practices in agriculture and animal husbandry. This includes implementing
measures to preserve and enhance breeds, as well as prohibiting the slaughter of cows, calves,
and other types of milch and draught animals. Article 48 provides explicit and constructive
guidance on the establishment of animal husbandry practices that align with scientific
principles by restricting the mortality of particular animal species. 60 In the case of Qureshi v.
State of Bihar 68, commonly referred to as "M.H. '', the Court posits that the provision
outlined in Article 48 does not encompass cattle that were previously classified as mulch or
draught but have since ceased to be such. Rather, it exclusively safeguards cows, calves, and

60 U. Baxi, Little Done Vast-Undone: Some reflections on Reading Granville Austin’s Indian constitution , 9
Journal of the Indian Law Institute 323, 362 (1967)
other animals that possess the ability to produce milk or function as draught cattle presently
and in the future. Numerous states have enacted legislation aimed at safeguarding, enhancing,
and ensuring the welfare of bovine livestock. The SCupheld this verdict in the "Qureshi's
case.

India is famous for its assortment. Each Indian community, encompassing various religious
affiliations such as Muslims, Christians, Hindus, and others, possesses its distinct system of
personal rules. Article 44 of the Indian constitution incorporates the "Uniform Civil Code"
as a measure to address concerns regarding its potential to foster a trend towards division that
may have adverse effects on the overall "National Integrity." This Directive Principle aims to
foster unity in India by eliminating barriers rooted on caste and religion. The Assembly
deliberations commenced with the ratification of Article 44.

The minority groups expressed opposition because of concerns over the potential loss of their
distinct identities, while the majority Hindu society also rejected it. The Article was not
enacted due to robust Muslim resistance. A limited segment of Hindu law has the potential
for codification or modification. However, the State recognizes the significance of "the
principles of international law," as articulated in Article 51. This article further emphasizes
the State's commitment to advancing international peace and security, upholding fair and
honorable relations, fostering reverence for international law and treaties, and promoting the
resolution of international disputes through arbitration.

Parliament enacts legislation to execute treaty obligations in accordance with the provisions
outlined in Article 253 of the Indian constitution . Therefore, the case of "Nanka v.
Government of Rajasthan" established that an extraditing contract between the Maharaja of
the Indian State and the British Government lacks enforceability unless it is incorporated into
the municipal law of the respective state. Hence, in the absence of legislative adoption by the
Parliament to implement any treaty, accord, or convention, international law does not possess
the status of domestic law in the United States.

Article 50 addresses the division between the judicial and executive branches. 61 The
preservation of the court's authority and reputation, together with the elimination of any
evidence of executive interference, is contingent upon the division of powers between the
judiciary and the executive branch. In the case of "Chander Mohan v. State of Uttar Pradesh,"
the SCruled that Article 50 explicitly guarantees the autonomy of the judiciary, despite the
61 M.P. Jain, Indian constitution al Law, 738 (4th ed., 2002).
absence of the principle of separation of powers in the constitution . However, the State
possesses the authority to implement this Directive Principle by means of legislation enacted
by Parliament.

Nevertheless, it is worth noting that "national monuments, historical objects, and religious
interest" may either be in a distorted condition or available for commercial transactions. The
SChas underscored the role of the court as an autonomous branch of government within the
context of the "separation of powers," as outlined in Article 49 which pertains to the
safeguarding of national monuments, sites, and artifacts. The proper implementation of the
unique article titled "DPSP" within the Indian constitution is crucial. The provision asserts
that the State is obligated to safeguard all monuments, places, or objects of artistic or historic
significance, which have been proclaimed by Parliament as being of national importance,
against any kind of spoliation, disfigurement, destruction, removal, disposal, or exportation,
as applicable.

The Directives, which serve as the fundamental pillars of the welfare state, have served as a
catalyst for the expansion of the country's social order. A comprehensive grasp of the Indian
constitution , commonly referred to as the DPSP, necessitates a thorough comprehension of
its Preamble. According to Part IV of the Indian constitution , known as the Declaration of
Principles of State Policy (DPSP), the freedom fighters endeavored to achieve social and
economic reforms in conjunction with political independence, with the aim of providing the
populace with optimal social and economic justice. The socialist goals of a functional
democratic system in the present day rely on the ideas outlined in Part IV of the
constitution . Individuals would never place their trust in a government that exhibited such
disdain for them throughout a political campaign. If these principles are recognized as the
cornerstone of our document even if they are "non-enforceable in the Courts," the drafters of
our constitution deleted their enforcement because it would be difficult to effect changes
without money. Nonetheless, the DPSP is defined as "fundamental guidelines for Republican
form of Government." Thus, to ensure "governance of the country," the State must put these
DPSP into effect.62

62 H.M. Seervai, constitution al Law of India, 1923 (3rd ed., 1975).

 CHAPTER III

IMPLEMENTATION OF DPSP: PROBLEMS AND ISSUES

3.1. INTRODUCTION

The constitution of India emphasises justice through the Preamble and DPSP(DPSP), which
focus on socio-economic content, political freedom, economic democracy, and welfare of the
people.63 The State's duty is to act according to these principles in administrative work and
law-making.64 The Preamble is considered the "very soul" of the constitution , while the
DPSP are considered the "conscience of the constitution "65 and a charter of resolution.66

Over the past seven decades, questions arise about the success of DPSP in achieving social
and economic justice. Further To what extent these DPSP are considered as “fundamental in
governance of the country” by the State and what are demarches of the executive and the
legislature towards fulfilment of their objectives? What is the extent of the State’s “duty” to
use DPSP in framing the legislation? Has the target of socio- economic engineering as

63 M.P. Jain, Indian constitution al Law, 1408 (7th ed., 2014)

64 D.D. Basu, Introduction to the constitution of India, 151 (22nd ed., 2015)

65 Ashoka Smokeless Coal India (P) Ltd. v. Union of India, (2007) 2 SCC 640.

66 G. Austin, The Indian constitution : Conference of a Nation, 50 (2nd ed., 1999).

projected in our constitution al scheme been fulfilled? All these above questions have been
amicably discussed underneath.

3.2. Implementation of the DPSP: Legislative and Executive Measures

The State has implemented the DPSP(DPSP) effectively through various constitution al
amendments and legislative and executive measures. The Planning Commission was
established in 1950 to promote welfare and execute policies under the DPSP. The
Commission introduced the Five Year Plan to improve social and economic conditions, along
with several legislations and policies for efficient execution. The DPSP is considered the
principal instrument of providing socio-economic justice to Indian citizens.

3.2.1 Social and Economic Welfare of Workers

Articles 39 (e) and (f), 41, 42, 43, and 43 A of the Indian constitution focus on the social
and economic welfare of workers in all sectors, including agriculture and industry. The
government has launched various labour policies to improve the economic situation and
remove social disabilities. The Minimum Wages Act, 1948, offers fixed and revised wage
rates to workers, minimising mistreatment in rural sectors. Wage boards were created to
resolve wage conflicts. However, there is no single uniform minimum wage rate across India
due to regional differences in consumption patterns, employers' pay capabilities, and
employee requirements. The government also aims to achieve social security welfare
measures through various laws and schemes for specific classes of working people. The
Unorganized Workers Social Security Act, 2008, provides social security and welfare to the
unorganised sector, addressing mal-social practices such as child labour, bonded labour, and
unpleasant working conditions.67 The Central Government's Personal Accident Insurance
Social Security Scheme insures underprivileged families, while the Ministry of Agriculture
and Cooperation and Co-operative Societies provide insurance to the unorganised sector on a
50:50 basis.

The measures adopted by the State to improve the conditions of agricultural labour deserve a
special mention. The land reform measures introduced by the State have brought about a
radical change in the agricultural sector and have helped in reducing disparities between
landowners and the tillers to a very large extent. This has helped in preventing concentration

67 Planning Commission, Government of India, http://planningcommission.gov.in/ plans/annualplan/

ap2021ch5-7.pd
of wealth in the hands of few and at the same time extended opportunities to working class
labour engaged in agriculture to improve their economic conditions.

Land Reforms in India

Since British rule, “Land Policy in India” has been a subject matter of discussion for the
Government. At that time, the land tenure system had three- fold feature:

a) Zamindari System

b) Ryotwari System

c) Mahalwari System

The British initiated land reforms to protect their political influence in rural areas and prevent
poverty. After India's independence, the government prioritised land policy, focusing on
eradicating intermediaries and bringing farmers directly to the state. The Indian constitution
recognizes the urgency of land reform, granting the state legislature power to make and
implement laws on the matter.68 The Central Government played a crucial role in land
reforms through social and economic planning. In 1950, the Union Government established
the Planning Commission.

The Indian government has implemented various land reforms to fulfil the provisions of
Article 39 (b) and (c) of the constitution . These include the Zamindari Abolition Acts, Land
Ceiling Acts, Tenancy Reforms, and the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013. The government has partially
succeeded in implementing these reforms, but there are still challenges such as poverty in
rural areas, small and marginal farmers, variation in land ceilings, exemption of many
plantations, and ownership of land under "Benami" names. To address these issues,
recommendations from the Central Land Reforms Committee were executed, including a
lower ceiling based on crop patterns, creating a family of five members for law purposes,
prioritising SCs & STs or landless peasants in land distribution, and replacing the Land
Acquisition Act with the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013. The government has also encouraged agricultural
labour by providing additional employment through the promotion of cottage and small-scale
industries in rural areas. The First Five Year Plan established All India Boards to assist and

68 D. Thorner & A. Thorner, Land and labour in India, 128 (1st ed., 1961).
advise in the development of these industries, while the Second Five Year Plan stressed the
need for worker participation management.69

In 2019, the Ministry of Labour introduced the Code on Wages, 2019 to regulate wage and
bonus payments in all employment. This code replaces several labour laws related to safety,
health, and working conditions, and establishes a National Occupational Safety and Health
Advisory Board. The government recognizes workers' rights to social security and welfare as
absolute rights, and any person falling under any labour law or policy also accrues these
rights. Workers have the right to ask for conditions that provide proper safeguards for life and
health.

3.2.2 Protection to Children and Women against Exploitation

A. Protection to Children

The Indian government recognises the importance of children's well-being for democracy
and has taken several steps to protect them under the constitution . The first policy for
children was the "National Policy for Children" in 1974, which outlined Ensuring full
physical, mental, and social development of children is the responsibility of the state, which
includes providing them with adequate resources before and after birth.. The "National Policy
on Education" in 1986 also emphasises early child care and education (ECCE) as an
important input in human resource development. 70 DWCD “was established in 1985 to
ensure the progress of women and children”. India became a signatory member of the
UNCRC in 1992.71

Various laws aimed at preventing child labour in India. “These laws prohibit the employment
of children under 14 years old in factories and require employers to obtain a certificate of
fitness from a certifying surgeon. CL(P&A) Act, 2016, prohibits employment of children
under 14 years old in 18 occupations and 65 processes”. “The government has” also taken
initiatives to address child labor, including establishing the "Platform for Effective
Enforcement for No Child Labour Portal (PENCIL Portal)" to ensure the implementation of

69 S. Chand, Workers’ Participation in Management (WPM) in India, available at

http://www.yourArt.library.com/management/workers-Participation-in-management-wpm-in-india/,

70 National Policy on Education, 1986: Program of Action (Ministry of Human Resource Development,
Government of India, 1986).

71 Shantha Sinha, “Infant Survival: A Political Change” 41 Economic and Political Weekly 3658
(2006).
the NCLP provisions. However, these laws are not applicable to small factories and the
unorganised sector, making it difficult to abolish child labour completely. The increasing
number of children without means to earn their bread, lack of health support,
malnourishment, and unavailability of safe living spaces contributes to the rising rate of child
labour in India.

B. Protection of Women

“The Indian constitution grants special provisions for women to enable them to exercise
their rights and participate in national development. The main objective is to create An
equitable society is one in which people are not biassed against one another because of their
ethnicity, religion, or gender. caste, or sex”. Five-year plans and legislation have been
implemented to raise women's position in society. The first five-year plan aimed to provide
welfare plans for poor women, establish the CSWB for community development, and
promote fair compensation for equal labour. “The second and third five-year plans” focused
on education and training women for higher job positions. “The fifth five-year plan”
recognized the need for women to earn livelihoods. The National Plan of Action (1976)
issued guidelines for women's rights and empowerment, focusing on family planning,
education, legislation, health, social welfare, employment, and nutrition. The seventh five-
year plan aimed to raise women's standard economically and socially, encourage participation
in national development, and promote socio-economic, political, and cultural activities. 72

The "Ninth Five Year Plan" aimed “to empower women by providing an encouraging”
environment at home, school, and work. The "Tenth Five Year Plan" adopted measures from
the "National Policy for Empowerment of Women, 2001" and ensured thesafeguarding
children’s survival and development. The "Eleventh Five Year Plan" aimed to increase the
sex ratio for children aged 0-6 years and ensure a safe childhood for all children.

Legislation on women's protection against exploitation includes the Maternity Benefit Act,
1961, ERA, MGNREGA,. These acts aim to improve women's contribution to work and
economic empowerment. However, issues like domestic violence, female foeticide, dowry,
and women trafficking still exist. To achieve women's empowerment, society should adopt a
liberal approach towards them in all aspects of life, including education and work.
72 “Minister of State for Youth Affairs, Sports and Women & Child Development, Government of
India, Report of the Core Group on National Perspective Plan for Women
1988-2000,file:///C:/Users/hp/Downloads/Plan-National%20Perspectives%20Plan%20for
%20Women_G1601.pdf”
3.2.3 “Free Legal Aid”

“The constitution recognizes Legal Aid as a basic right, ensuring.economic and social
equity, as well as status and opportunity parity The constitution also extends the
significance of Legal Aid by inserting provisions under Article 39-A of the DPSP. On Legal
Aid, and grants for Legal Aid are passed to the poor section of society”. Other statutory laws
with provisions regarding Legal Aid include the Crpc, NALSA, etc. However, the practical
scenario in India faces a significant hurdle i.e. lack of legal awareness among citizens,
leading to.abuse and the undermining of the poor’s rights and advantages73

3.2.4 Panchayat Raj and Community Development

Gandhiji envisioned Village Panchayats as a tool for rural socioeconomic and political
transformation. The Indian constitution introduced Art. 40 to facilitate rural development,
leading to the establishment of various committees. The The Ashok Mehta Committee
revitalised the system by proposing two tier systems: Zila Parishad at District level and
Mandal Panchayats with 10-15 villages. The GVK Rao Committee emphasised the
importance of Zila Parishad as the principal body for managing advancement programs and
created a DDC as the CEO. LM Singhvi Committee recommended constitution al
recognition for Panchayati Raj Institutions, “free and fair elections, and increased finances.
The constitution (Seventy Third) Amendment Act, 1992”, incorporated these changes,
enhancing the governance at the local level in India.74

PESA was enacted by the Indian Government to expand Part IX provisions to scheduled
areas, provide tribal self-rule, establish village governance with traditional practices, preserve
and safeguard tribal traditions, and empower Panchayats with powers beneficial for tribal
advancement. The PRIs were established by states on their own convenience and policies,
with Rajasthan being the first state to introduce the PRI. However, the 73rd Amendment in
the constitution was misunderstood by the government, leading to confusion and financial
devolution among the PRIs and other local bodies. The financial devolution varies between
states, with some devolving a significant proportion of the State budget to the PRIs, while
others have not yet done so. The reservation in Panchayats has resulted in the erosion of

73 Ministry of Law, Government of India, Fourteenth Report on Reform of Judicial Administration,

1958, http://lawcommissionofindia.nic.in/1-50/report14vol1.pdf,

74 A.K. Gupta, Women and Society, Development Perspective, 45(1st ed., 1986).
traditional gender, caste, class roles, and hierarchy. 75 The 73rd Amendment aims toestablish
practical and effective PRIs to support rural communities' efforts at self-governance, but
states must now adhere to the terms of the constitution or risk punishment from the federal
government.76

3.2.5 The Problem of Unemployment and Poverty

J.L. Nehru's speech on India's independence emphasised the dual issue of unemployment and
poverty, which has been a significant concern since India's independence. “The Indian
government has implemented various "five-year plans" and policies to address this problem.
The first five-year plan focused on agriculture and irrigation development”, while the second
focused on public sector advancement and industrialization. “The third plan was unsuccessful
due to the Indo-Pak War and Sino-Indian War, leading to the substitution of the Third Five
Year Plan with the Three Annual Plans from 1966-1968. The fourth five-year plan aimed to
increase national income by 5.5%, create economic stability, reduce income inequality, and
achieve social justice”.

“The fifth five-year plan focused on poverty alleviation, employment, and justice, with the
introduction of the MNP in 1974. The sixth five-year plan introduced IRDP, TRYSEM, and
NREP”.

“The seventh five-year plan aimed to establish growth in areas of increasing economic
productivity, food production, and employment through social justice. The eighth five-year
plan introduced fiscal and economic reforms, modernization of industries, and special action
plans to achieve these objectives. The government of India has implemented various
programmes to eradicate poverty and unemployment in rural areas”. These include the
MNP, IRDP, TRYSEM, NREP, RLEGP, IAY, JRY, EAS, PMRY, MWS, and SGSY.77

The MNP aims to nourish basic minimum needs and improve living standards for poor
people. The IRDP provides a package of interlinked programs, promoting horizontal, vertical,
spatial, and temporal integration. TRYSEM provides assistance to unemployed youth aged
18-35 for self-employment, with priority given to Scheduled Caste and Schedule Tribe

75 M.K.Wedge, Gender issue in Development, 12 Yojana 10, 12 (1992).

76 K. Chetana, A Better Deal for Women by 2000 AD, 62, 67 in Social and Economic Dimensions of
Women's Development (K. Chetana, 1st ed., 1992).

77 N. Desai & M. K. Raj, Women and Society in India, 44 (2nd ed., 1990).
members. NREP aims to produce more employment vacancies through manufacturing and
conserving community resources, especially during natural disasters. RLEGP aims to create
100 days of employment per year for landless workers. IAY provides free residential units to
SC, ST, and freed bonded labour, while JRY provides employment opportunities in backward
districts with chronic poverty and unemployment. EAS focuses on providing profitable
manual work during slack agricultural seasons and creating economic infrastructure for
sustained employment and development. PMRY is a self-employment scheme for
unemployed educated youth.78

3.2.6 UCC

Art. 44 of the constitution outlines the UCC, which governs “personal matters of all
citizens, regardless of their religion. Each religious community has its own system of
personal laws. Hindu personal law is codified” into four Acts, while Muslim personal law is
not codified but has its own recognized Acts.

A common civil code is needed to address religious or caste-based discrimination. The

Constituent Assembly recognized the importance of UCC and inserted it into the constitution
. However, courts cannot enforce UCC, and the SChas directed the Parliament to frame it.
“Article 25 of the constitution incorporates the freedom of conscience and free profession,
practice, and propagation of religion”, so UCC is not imposed forcefully. Personal laws and
UCC should be harmonised, and the JJA, is an attempt to implement UCC. The ban on triple
talaq is considered the first step towards UCC applicability in India. However, difficulties in
implementing Art. 44 include minorities assessing it as an encroachment on their religious
freedom and potentially decreasing the scope of "freedom of religion.”

3.2.7 Free and Compulsory Education

The Indian constitution emphasises the importance of education in “social, economic, and
political” transformation. Prior to 1976, states had sole responsibility for education. The 1976
constitution al Amendment introduced education into the Concurrent List, aiming to
reinforce national character, maintain quality teaching profession, and monitor educational
requirements. “The right to education is available within the state's economic capacity and
development”.

i) Kothari Commission (1964-1966)

78 A.T. Hingorani, Socialism of My Conception -M.K. Gandhi, 82 (1st ed., 1966).

The commission aimed to create a rational education policy for the country, aiming to
increase productivity, consolidate democracy, develop social unity, modernise the nation, and
enhance values. It emphasised “free and compulsory education for children” up to fourteen,
illiteracy elimination, adult education availability, language advancement, equal education
opportunities, and scientific education.

ii) NPE

The NPE was introduced by Rajiv Gandhi in 1986 to prepare India for the 21st century. The
policy aimed to increase educational standards and access, requiring government support
from the private sector. Although successful in achieving NPE 1968 standards, the policy
needed to address access and quality issues. The current government introduces “the New
Education Policy 2020” to advance the education system.

iii) Five Year Plans

The "Tenth Five Year Plan" emphasised the "Universalization of Elementary Education
(UEE)," encompassing universal access, achievement, enrollment, retention, and equity.

iv) Sarva Shiksha Abhiyan (SSA)

In 2001, India launched a large project for children aged six to fourteen to receive Universal
Education (UEE), partnering with state and local governments, later rebranded as Samagra
Shiksha Abhiyan.

v) MDM

It was instituted in 1995 with the goal to eradicate the “classroom hunger of children studying
in primary class and to increase the attendance and enrolment of children at schools”.

Apart from these, RTE in India introduced the right to education for every child aged six to
fourteen, with private schools obligated “to reserve 25% of seats for economically weak
families”. The Beti Bachao, Beti Padhao program aims to protect girls from female foeticide
and infanticide, and prevent sex-determination tests and discrimination. The Kasturba Gandhi
Balika Vidyalaya (KGBV) provides residential schools for girls from minority communities,
with reservations for 25% from BPL families and 75% for SC/ST, OBC, and other minority
communities.79 The Infrastructure Development in Minority Institutes (IDMI) aims to

79 P. Ramachandran, Food & Nutrition Security: Challenges in the New Millennium, 138 Indian
improve education quality in minority schools, with preference given to areas with a minority
population above 20%. However, the country still faces challenges such as financial
constraints, administrative inefficiency, lack of stakeholder interest, corruption, and
inadequate school conditions.

3.2.8 Upliftment of the “SCs, STs and OBCs”

“SCs, STs and OBCs have been the most exploited and neglected sections of Indian society
for centuries. Despite the constitution of India declaring the "abolition of untouchability"
under Article 17, discrimination against this section persists today. To address this
inequality, the government has taken several measures to improve the conditions of these
groups”.

1. Educational Empowerment: Scholarships are provided at every level of schools and

colleges for SCs & STs and OBCs, ensuring they do not deprive them of education
due to poor financial conditions.
2. NSFDC assists SCs through refinancing loans, Entrepreneurship Development
Programme, and skill training. It also finances income-producing activities of SC
beneficiaries who are also belonging to BPL.
3. “Tribal Sub Plan (TSP) and Scheduled Castes Sub-Plan (SCSP): Introduced in
1974 with the purpose of ensuring the adequate flow of plan resources for the
development of STs”.
4. Share Capital Contribution is “shared by the Central and State Governments” in
49:51 ratios.
5. Venture Capital Fund for SCs: Launched on 16/01/2015, it aims to endorse
entrepreneurship in SCs interested in innovation and growth technologies.
6. Offers young and start-up entrepreneurs credit guarantee facilities for encouraging
entrepreneurship.
7. . Social Empowerment: Various legislations have been enacted for “the development
of SCs and STs”.
8. Establishment of the “Ministry of Social Justice and Empowerment”: Works as
the "Nodal Ministry" to supervise the “interests of SCs, OBCs, and other weaker
sections of society”.
Journal of Medical Research 370, 373 (2013).
 9. Other Schemes: PMAGY, BJRCY, Upgradation of Merit of SC Students, and Babu
Jagjivan Ram National Foundation.
However, these efforts have not been enough to address the problem of "manual scavenging"
among the SCs and STs. The problem of untouchability still exists in Indian society, and
framing provisions for the upliftment of SCs and STs will have no meaning if they are
continuously exploited and harassed socially and economically.

3.2.9 Nutrition, Public Health and Prohibition of Intoxicating Drinks and Drugs

India has has prioritised the “improvement of the population’s health and nutritional status,
acknowledging the significance of human resources as the driving force behind national
success. Provisions pertaining to diet, health, and the prohibition of intoxicating drinks and
drugs are outlined in the constitution of India”. In an effort to achieve these goals. Nutrition
is a significant issue in India, particularly among agriculture labourers, BPL groups, slum
dwellers, tribal areas, and those affected by rapid natural disasters. Pregnant women, nursing
mothers, and pre-school children, particularly those aged 0-3, are particularly vulnerable. To
control the spread of transmissible diseases like tuberculosis, malaria, leprosy, and filarial,
new programs have been launched.

ANP was introduced in 1963 in Orissa and expanded to all states in 1973. It aimed to provide
nutritional education to rural communities through demonstrations and demonstrations.
However, this scheme failed due to shortages of irrigation facilities, suitable land, and less
financial investment. “Special Nutrition Programme” (SNP) was launched in 1970-71 to
provide supplementary feeding to preschool children and expecting and nursing mothers for
six days a week. MDM was initiated in 1962-63 in primary schools to provide education and
nutritional needs to hungry and ill children. These programs were later added to the Fifth Five
Year Plan as part of the "Minimum Needs Program." 80 ICDS Scheme is a welfare program
for children under six years and their mothers for allocating preschool education, food, and
primary healthcare. It focuses on enhancing the health and nutritional status of children (0-6
years old), reducing mortality, malnutrition, morbidity, and school dropout rates, and
increasing mother competence through health and nutrition education. The National Nutrition
Policy (NNP) was adopted in 1993, identifying major actions in areas impacting nutrition.

80 Report of the Prohibition Enquiry Committee at 85 (Planning Commission of India, Govt. of India,
New Delhi, 1955).
Other significant programs adopted by the governments to overcome malnutrition include
the Wheat Based Supplementary Nutrition Programme (WNP), World Food Programme
(WFP), National Nutritional Anaemia Prophylaxis Programme, and Balwadi Nutrition
Programme. However, the objective of providing at least minimum nutritional values to the
vulnerable sector of society remains unachieved. Civil society plays a crucial role in the
successful execution of these policies, helping the government shape and deliver the required
results for fighting against under and malnutrition.

India has faced numerous challenges in improving public health since its independence,
including major health issues such as tuberculosis (TB), malaria, high maternal and child
mortality rates, HIV, and leprosy. The government launched various programs to decrease
mortality rates and control birth rates, based on recommendations from committees. The
Bhore Committee's report on primary health care units remains the centre point of the public
health system, while the Mudaliar Committee's program-based attitude focuses on controlling
major communicable diseases.

National and State Health Policies have been formulated under different Five Year Plans, and
India signed various declarations to improve healthcare conditions. The First National Health
Policy, 1983 (NHP) aimed to generate universal and “comprehensive primary health
services, with a preference for maternal and child health care (MCH) for undeserved
sections of society. The National Population Policy, 2000 (NPP) was launched to frame
policy for family planning and child health goals, objectives, and strategies”.

The Millennium Development Goals, 2000 (MDG) were agreed upon by all 183 member
countries of the “United Nations and the International Organisations to achieve the goals of
MDG by 2015. These goals include reducing child mortality, eradicating extreme poverty”,
developing global partnerships for development, and fighting diseases epidemics like AIDS.

The Second National Health Policy, 2002, recorded significant success in health care after the
execution of the First NHP, including the removal of small pox and guinea worm, fewer
cases of polio, and progress towards eradication of leprosy and neonatal tetanus. NRHM was
introduced by former P.M. Dr. Manmohan Singh in 2005, emphasising the importance of
health care in social and economic advancement and enhancing the quality of lives of Indian
citizens, especially in rural areas.
“The National Health Policy, 2015 aims to promote preventive and promotive health by
addressing the social and environmental determinants of health. The Ministry of Health and
Family Welfare has directed a plan of action for coordinated policy initiatives and practical
actions across all sectors, aligning with the international 'Health in All' approach.NAM is a
centrally sponsored scheme by the Government of India, aimed at promoting cost-effective
medical services, strengthening educational systems, and facilitating quality control of
Ayurveda, Siddha, Unani and Homeopathy (ASUandH) drugs”. However, these programmes
face challenges such as high medical treatment costs, poor healthcare environments, and
limited awareness among the poor and needy sections of society.81

“The Prohibition of Intoxicating Drinks and Drugs was proposed by the Planning
Commission in 1954. The Committee proposed incorporating the prohibition of intoxicating
drinks and drugs” into India's development scheme, as they are closely connected to people's
living standards. The Lok Sabha accepted this proposal, leading to the inclusion of the
prohibition in the Second Five Year Plan. State governments have implemented their own
programs to address liquor prohibition, discontinuing advertisements and public inducements
related to liquor use and banning consuming liquor in public places.

Some states have passed comprehensive legislation for the prohibition on consumption of
liquor and intoxicating drugs, with some imposing complete bans and others partial bans.
However, seven decades have passed since independence, and state governments have failed
to achieve success in implementing the prohibition policy. The sale of liquor plays an
important role in revenue generation for the state, and few states have eliminated the
provision of "Dry Days."To address these issues, the Central Government should take the
lead from the states and enact strict legislation for the prohibition of intoxicating drinks and
drugs, ensuring the welfare of the citizens of India.

3.2.10 Modernisation of the Agriculture and the Animal Husbandry and Preservation of
the Cattle Wealth

The State of India has an obligation to modernise “agriculture and animal husbandry
according to scientific and modern techniques, taking appropriate measures for improving
and conserving breeds and prohibiting the slaughter of cows, calves, and other milk and
draught cattle under Art. 48 of the constitution of India”. Over the last seven decades,
remarkable development in the field of animal husbandry, agriculture, and livestock welfare
81 Ibid at 45
has been noticed The Government has adopted numerous measures “to organise agriculture
and animal husbandry”, such as the Soil Health Card Scheme, PMFBY, Neem Coated Urea
(NCU),), Parampragat Krishi Vikas Yojana, Minimum Support Price (MSP), and the Animal
Husbandry Startup Grand Challenge. “The Government has introduced several programs and
schemes to” improve agriculture production, soil-conservation, irrigation facilities, and other
aspects. These include the Soil Health Card Scheme, PMFBY, Neem Coated Urea (NCU), ),
Parampragat Krishi Vikas Yojana, Minimum Support Price (MSP), and the Rashtriya Gokul
Mission. These programs aim to increase milk and fodder production and enhance cattle
wealth.

The National Livestock Mission (NLM) was designed in 2014-15 “to ensure qualitative and
quantitative improvement in livestock production systems, focusing on sustainable
development and improving availability of quality feed and fodder. The National Animal
Disease Control Programme was launched in 2019 to control and eliminate Foot and Mouth
Disease (FMD) and Brucellosis in livestock. The Rashtriya Gokul Mission was established in
2014 to develop and conserve indigenous breeds of bovine population”, while the National
Artificial Insemination Programme (NAIP) was presented in September 2019 by Prime
Minister Narender Modi. NPCBB was instituted in 2000 to genetically upgrade important
indigenous breeds on a priority basis with a focus on development and conservation. The
Animal Husbandry Startup Grand Challenge was introduced in September 2019, requiring
startups from all over the country to find solutions to six problems affecting the dairy and
animal husbandry sector. However, these sectors do not receive the policy and financial
attention they deserve, despite their highest contribution to the GDP among other sectors of
the country. As the "Animal Husbandry" comes under the State List, the aim of protecting
cattle against slaughter should be accomplished through appropriate State Legislations.

3.2.11 Conservation of the Wildlife, Forest and Protection of Environment

The Indian Government has taken significant steps to protect wildlife, forests, and the
environment while addressing human encroachment. The Forest Policy, which was amended
in 1952 and 1988, focuses on the protection, conservation, and development of forests. WPA
prohibits the trade of rare and endangered species. Several conservation initiatives have been
launched by the government to maintain the nation's rich wildlife. Project Tiger, initiated in
1972, has made significant contributions to tiger conservation and ecosystem improvement.
Project Elephant, inaugurated in 1992, aims to conserve elephants and their habitats through
advanced scientific and planned management measures. The Crocodile Conservation Project
aims to save crocodile species from extinction through sanctuaries and local involvement.
The United Nations Development Programme (UNDP) Sea Turtle Project, implemented in
1999, protects Olive Ridley Turtles through guidelines and satellite telemetry.

International Treaties governing wildlife, such as the Convention on Migratory Species

(CMS), are useful tools for enhancing wildlife conservation. The National Environment
Policy (NEP) aims to mainstream environmental concerns into all developmental activities,
emphasising resource conservation and ensuring livelihoods for people dependent on
resources. Government programmes, such as Swachh Bharat Mission, Namami Gange
Programme, Green Skill Development Programme, Snow Leopard Project, Vulture
Conservation, and India Rhino Vision 2020, are welcomed steps in wildlife and environment
protection. These initiatives demonstrate the concern of the nation regarding the preservation
of wildlife and the environment.

3.2.12 Protection of Monuments and Places and Objects of National Importance

The Indian constitution , under Art. 49, outlines the importance of heritage conservation and
the responsibility of the Ministry of Culture to preserve, conserve, promote, and disseminate
all types of culture and art in India. The Ministry collaborates with the Archaeological Survey
of India (ASI) to protect centrally protected monuments and historical sites. The custom of
heritage identification and preservation began in the mid-19th century. The Ministry has
several offices and autonomous bodies, including the ASI, which is the supreme institution
for preserving monuments and protected sites. Other institutions under its control include the
National Culture Fund (NCF), the National Monument Authority (NMA), and several central
museums..The constitution also states that it is the duty of every citizen of India to value and
preserve the rich heritage of their composite culture. Post-independence, the constitution
segregated jurisdiction over archaeological sites and monuments between the Union, State,
and Concurrent list.

Pre-Independence Enactments include the Indian Treasure Trove Act, 1878, and the Ancient
Monuments Preservation Act, 1904. Post-Independence Enactments include AMSAR the
Antiquities and Art Treasures (AAT) Act, 1972, and the ARA. UNESCO emphasises the
importance of heritage conservation for social, economic, and environmental development.
However, the authorities established under these Acts do not manage cultural heritage
efficiently, and no special courts are established for cases. India has an obligation to make
people conscious about the importance of cultural heritage and their preservation and
protection, as per Art. 49 and 51 A (f).

3.2.13 Separation of Judiciary

Art. 50 of the constitution provides a that requires the State to separate the judiciary from
the executive in the public service of the State. This principle is a derivative of the "Doctrine
of Separation of Powers" and includes two notions: a Judge or Magistrate who tries a case
must not be in any way associated or interested in the prosecution and must not be in direct
administrator subordination to anybody related with the prosecution.82

The aim of the implementation of the Art. 50 is to make the judiciary independent from the
executive and legislative branches of government, so that it would not be influenced by them
during the pronouncements of the judgement. The "Independence of judiciary" denotes a fair
and neutral judicial system of a country, which can afford to take its decisions without
interference from the legislative and executive branch of government. The Indian constitution
has adopted the "parliamentary form of government", with the Head of the State being the
executive organ of the Government and having control over all government matters. If the
Executive misused its power in judicial matters, the justice in its purest form would not be
delivered. The SCof India held that the constitution al scheme aims at securing an
independent judiciary which is the bulwark of democracy. However, there are certain
limitations on this freedom of judiciary in India, such as Parliament having power to take
decisions on salaries, allowances, privileges, and other similar things related to judges and
also has power to raise the number of judges in a Court. 83 In S.K. Gupta v. President of
India84, F. Ali, J. stated that "Independence of judiciary is a basic structure of the constitution
, but the said concept of independence has to be confined within the four corners of the
constitution ."

82 M.P. Jain, Indian constitution al Law, 1393 (7th ed., 2014).

83 A.C. Thalwal v. High Court of Himachal Pradesh, (2000) 7 SCC 1.

84 AIR 1982 SC 149.

To achieve the objectives of the "India's Foreign Policy", the Art. 51 is enshrined under the
constitution. For promoting international peace and security, India obeys the principles
described below:

1. The Panchsheel: J.L. Nehru embraced "India's foreign policy" with the establishment
of "World Peace" as he knew that war only causes destruction. He wanted India to
maintain peaceful and friendly relations with all countries, especially big powers
nations and its neighbouring countries. The "Panchsheel" is a peace agreement with
five guiding principles for maintaining peace, signed on 28th April 1954 with China.
2. The Policy of Non-Alignment: India has played a significant role in publicising and
amalgamating the "Non-Aligned Movement (NAM)," convening the Asian Relations
Conference in 1947 and the Bandung Conference in 1955. India's persistent belief in
the settlement of disputes in peaceful manners, even major issues like border conflict
with neighbouring nations and Kashmir issue with Pakistan, gives hope for protecting
the world from imminent nuclear and environmental devastation.
3.3. POLICIES FOR IMPLEMENTATION OF DPSP85

MGNREGA: MGNREGA ensures job opportunities for rural households in India. It

guarantees them with employment opportunities. Workers receive their wages directly into
their bank accounts, promoting transparency and reducing corruption. MGNREGA has been
instrumental in empowering rural communities, reducing poverty, and boosting economic
growth by creating assets like roads, ponds, and wells in rural areas.

: Getting it's authority from Article 39(g) which deals with protection of children,
CL(P&A)A, aims to protect children from exploitation and ensure their right to education and
a childhood free from work that interferes with their development. It prohibits the
employment of children below 14 years in specified hazardous occupations and processes.
Children aged 14 to 18 can work, but only in non-hazardous occupations and with certain
conditions, such as limited working hours and proper safety measures. The Act also
establishes penalties for employers who violate its provisions. Its goal is to eradicate child
labour and promote the well-being and education of all children in India.

Laws prohibiting the slaughter of cows and bullocks derive their legitimacy from Article 48
of the Indian constitution. calves and other milch and draught cattle. The aim is to improve

85 Implementation of DPSPs, INSIGHTS IAS, https://www.insightsonindia.com/polity/indian-constitution

/significant-provisions/dpsps/implementation-of-dpsps/.
animal husbandry practices, increase milk production, and preserve valuable cattle breeds.
These laws are implemented by various states across India to protect these animals, which
hold cultural and religious significance in many communities.

IRDP, ITDP, and Ayushman Bharat reflect the key goals outlined in Article 47 of the Indian
constitution . Article 47 emphasises the state's duty to raise the standard of living and
improve public health. These policies aim to uplift rural and tribal communities by providing
them with basic amenities and healthcare facilities. IRDP focuses on comprehensive rural
development by providing employment opportunities, improving infrastructure, and
promoting self-employment through various schemes. Similarly, the ITDP aims to address
the specific needs of tribal communities by ensuring their socio-economic development and
preserving their cultural heritage.

PMGSY aims to connect rural areas with all-weather roads, enhancing access to markets,
education, and healthcare services. This infrastructure development initiative plays a crucial
role in improving the standard of living in rural areas. Ayushman Bharat, India's flagship
healthcare scheme, seeks to provide financial protection to families against catastrophic
health expenditures and improve access to quality healthcare services. It includes initiatives
like the PMJAY, which offers health insurance coverage to vulnerable families, and the
establishment of health and wellness centres to deliver comprehensive primary healthcare
services. These policies align with Article 47's objectives by addressing socio-economic
disparities, enhancing living conditions, and ensuring access to essential services like
education and healthcare. By implementing these initiatives, the government strives to uplift
marginalised communities, improve public health outcomes, and promote overall well-being
across the nation.

The government's reforms in land laws aim to address historical inequalities stemming from
British colonial times. These reforms are in line with the principles outlined in Article 43 of
the Indian constitution , which seeks to ensure that all workers, whether in agriculture,
industry, or other sectors, receive a living wage and decent working conditions. During
British rule, land laws were often discriminatory, leading to widespread inequality and
exploitation of agricultural workers. The government's efforts to reform these laws aim to
rectify past injustices and promote equitable access to land and resources.

By implementing land reforms, the government intends to redistribute land to landless

farmers and ensure fair compensation for agricultural labour. This helps in reducing
disparities in land ownership and empowers marginalised communities, particularly in rural
areas. Furthermore, the reforms focus on improving the conditions of agricultural workers by
providing them with better wages, access to social security schemes, and enhanced working
conditions. This is essential for ensuring a decent standard of living for workers and their
families.

In addition to land reforms, the government is also committed to enacting suitable legislation
and implementing economic policies that promote the welfare of workers across various
sectors. This includes measures to regulate working hours, provide job security, and
safeguard workers' rights. Overall, the government's initiatives to reform land laws and
improve working conditions are aimed at fulfilling the objectives of Article 43 by ensuring
that all workers have access to a living wage and decent living standards. These efforts
contribute to fostering social justice, reducing poverty, and promoting inclusive economic
growth across the country.

States have implemented various initiatives to promote the educational and economic
interests of marginalised communities, in accordance with Article 46 of the Indian
constitution . This article emphasises the state's responsibility to uplift the weaker sections of
society by promoting their educational and economic advancement. One such initiative is the
institution of scholarship programs aimed at providing financial assistance to students from
economically disadvantaged backgrounds. These scholarships help cover the cost of
education, including tuition fees, books, and other expenses, thereby enabling students to
pursue their academic goals without financial constraints.

Additionally, states have introduced subsidies for minority-run educational institutions to

support their efforts in providing quality education to students belonging to minority
communities. These subsidies help these institutions maintain infrastructure, hire qualified
faculty, and offer scholarships to deserving students from minority backgrounds.
Furthermore, the enactment of the RTE Act in 2006 has been a significant step towards
promoting educational equity and access for all children, especially those from marginalised
communities. The RTE Act prohibits discrimination in schools based on social or economic
status.

Through these measures, states aim to bridge the educational gap and empower
disadvantaged communities by providing them with equal opportunities for education and
skill development. By investing in education, states not only enhance the employability and
economic prospects of individuals but also contribute to the overall development of society.
Overall, these initiatives align with the objectives of Article 46 by prioritising the educational
and economic interests of the weaker sections of society. By promoting inclusive and
equitable access to education, states pave the way for greater social mobility, empowerment,
and economic prosperity for all segments of the population.

Other policies:

This commitment is evident through various organisations and agreements like NAM, the
International Solar Alliance, and India's participation in contention. These efforts align with
Article 51 of the Indian constitution , which advocates for a foreign policy guided by just and
humane values. Another significant achievement in implementing the DPSP(DPSP) has been
the establishment of local self-government institutions at the village and district levels. This
initiative, in line with Article 40 of the constitution , aims to organise village panchayats,
empowering grassroots democracy and promoting local governance.

At both the central and state levels, numerous programs have been launched to ensure
adequate livelihood means and promote women's health, such as the Janani Suraksha Yojana.
These initiatives are in line with Article 39 of the constitution. These laws, inspired by
Article 48A of the constitution , aim to protect and improve the environment and safeguard
the country's forests and wildlife for future generations.

The recently unveiled National Education Policy (NEP) places emphasis aligning with
Article 45 of the constitution . This article seeks to , recognize the importance of a strong
foundation for lifelong learning and development. Overall, these initiatives and policies
reflect India's commitment to realising the principles outlined in the DPSP, which serve as
guiding principles for the government to work towards creating a just, humane, and equitable
society. Through these efforts, India strives to achieve socio-economic development,
environmental sustainability, and the well-being of its citizens.
 CHAPTER- 4
SOCIO-ECONOMIC JUSTICE IN INDIA: ROLE OF JUDICIARY

4.1. INTRODUCTION

As a first step towards a "socio-economic revolution," the executive and legislative branches
must protect policies that aim to make sure that the poorest people in society have equal
access to economic opportunities. 86

The constitution is a document that frees society. It tells all of its parts part of the
government—to change the current situation into a new one where social, political, and
economic equality rules all national institutions and everyone has the same chances and
standing. In the important case "S.P. Gupta v. Union of India,"87 The SCexplained the "role
of Judiciary" and the "principles of constitution al Interpretation." They eventually said that
the court has a dual duty that includes both creative and socio-economic functions. Glanville
Austin says it needs to be a part of the socioeconomic change and work towards social justice
for everyone. In addition to being a judge, it is very important for it to work for social and
economic justice. A narrow view wouldn't work, the Court said, "in a society teeming with
demands for gender justice, gender inequality, justice for minorities, justice for marginalized
groups, and equal justice for persistently unequal individuals." The Court said that the
judiciary's job was too narrow and restricted. A lack of creative and aggressive thinking on
the part of judges could hurt the social justice process in a big way. While Article 37 says that
the (DPSP) are "non-enforceable," there are times when the court may consider them when
making decisions. The people who wrote the constitution made it clear what the Court's goal
was in working with the DPSP.88

86 S.N. Jain, Judicial System and Legal Remedies, 2 Indian Law Institute 133, 140 (1995).
87 AIR 1982 SC 149.
88 K.P. Shetty, Fundamental Rights and Socio-Economic Justice in the Indian constitution , 16 (1st ed., 1969).
Judges' views on the DPSP were looked at. It was decided by the researchers that in order for
the court to protect basic rights, it must take into account "the DPSP" instead of ignoring
them completely. Because "the State" and "lawmaking" are used in Articles 36 and 37, the
Court follows them. This gives it the power to look into the DPSP. If you look at Article 12,
it defines "The State," and Article 37 says that the State has to follow these rules when
making laws. The State also has to do the things that are listed in Part IV. A judge named
Mathew J. said that the rules in the constitution give courts a good reason to say that they
have to follow the DPSP when they make decisions. This is in addition to the idea that the
court system shows what the government is doing.

Dhawan, J. in "Balwant Rai v. UOI",89 Article 37 says that the State's judiciary must uphold
these principles throughout the legislative process, even when faced with two possible
interpretations or given the chance to "make law" in the courtroom. The SCsaid that it is the
court's job to read the constitution in a way that makes sure the Directives are carried out
and makes sure that individual rights are in line with the Directives' main goals for society.
The main people who are affected by Article 39A are the legislative and executive bodies. It
is important to remember, though, that the court of justice has limits as well. It can only make
laws that are in line with the constitution or any act that is brought to it for interpretation.
So, what we've been talking about so far shows that the fact that the DPSP is "non-
enforceable" doesn't stop the Court from looking for direction or using the established parts
of Part IV when making decisions. An endeavour has been made to thoroughly examine the
Judiciary's stance on the DPSP.

4.2. JUDICIAL INTERPRETATION WITH REFERENCE TO ARTICLES

Article 37: Utilising the ideas presented in this section The concepts outlined in this Part are
essential to the nation's government, even though the clauses within are unenforceable in
court. The State is obligated to incorporate these principles into its legislative process. The
court held in Minerva Mills v. UOI90that Article 37 contains a positive mandate for states to
use these guidelines when drafting legislation. Since India is a welfare state, the Charu
Khurana v. UOI91 The ruling established that the DPSP represent the essence of the
constitution . They offer direction for interpreting both statutory and fundamental rights of

89 AIR 1968 All. 14.

90 AIR 1980 SC 1789
91 AIR 2015 SC 839
citizens. The court concluded in S. Sellasamy v. Dstt. Collector92 that it is the state's
responsibility to uphold the DPSP, and that this can be done by harmoniously interpreting the
provisions included within. Furthermore, only by reading parts III and IV of the constitution
together can good administration be accomplished.

Article 38: The state shall ensure a social order to further the welfare of the populace (1) The
State will work to further the welfare of the populace by preserving and defending, to the best
of its ability, a social order in which political, social, and economic fairness will guide all
national institution. SCof India v. United Labour Union
93
Social justice is a dynamic system designed to lessen the suffering of the underprivileged,
weak, Dalit, tribal, and destitute segments of society and bring them up to the equality level
so they can lead fulfilling lives with human dignity

Article 39: A few policy tenets that the State shall adhere to . The State will specifically
focus its policy on ensuring that: (a) every citizen, regardless of gender, every person has the
right to adequate means of subsistence; (b) the community’s material resources are shared
fairly and owned by all; (c) the economic system does not cause wealth and production to be
concentrated at the expense of the general public; (d) men and women are paid equally for
equal work; € workers’ and citizens’ health and strength are not exploited, especially at
young ages; (f) children are provided with opportunities and supports to grow and develop;

Article 39(a): The case of State of Karnataka v. Ranganatha94 established that the
nationalisation of community material resources, owned by individuals, must be widely
dispersed to support the common benefit.
Abu Kavirbai v. State of Tamil Nadu95The court recognised nationalisation of transport
services as an action taken in accordance with Article 39(b) and (c) of the constitution .
In Minerva Mills v. UOI the court affirmed as a law that took control of a sick business in
accordance with Article 31-C . It was established in Mahavir Metal Works v. UOI96.
According to Article 39(b) , it is legal for the state to take action against a person who has
utilised property to avoid paying taxes or conceal their income, even if doing so harms the
interests of the community.
92 Judgememt dated 11 May 2017.
93 AIR 1997 SC 645

94 AIR 1978 SC 215

95 AIR 1978 SC 516
96 AIR 1977 Del 13
Article 39(d): Indian SCand the equal pay for equal effort principle. Article 39(d) of the
constitution enshrines the idea of equal compensation for equal effort.
This idea was taken into consideration for the first time in the 1962 case of Kishori
Mohanlal Bakshi v. Union of India 97.The SCsubsequently declared that it could not be
upheld in a court of law. The Apex court reversed course and held that the preamble and
Articles 14, 16, and 39(d) of the constitution could be used to derive the principle of "equal
pay for equal work," which meant equal pay for all workers regardless of gender. Equal pay
for equal labor was determined to be relevant in situations where there are uneven pay scales
due to classification or unreasonable classification, even when both groups of employees—
those hired on a temporary and regular basis, respectively—perform the same tasks and
responsibilities. The SCfurther ruled that, even if it is not a fundamental right, equal pay for
equal work is unquestionably a constitution al goal that can be upheld by constitution al
remedies under Article 32 .

Bhagwan v. State of Haryana98 Court held that Article 39(d) applies to temporary employees
also provided their duties are identical.

In State of Haryana v. Charanjit Singh99 The Court held that, Equal post and equal pay
structure being complex matters are to be generally left to executive and expert bodies like
pay commission.

Article39(f) CHILD LABOUR Child Labour Act

In People Union for Democratic Right v. Union of India 100, phrase “hazardous
employment” was examined by SC to determine its scope and meaning. The issue before the
Supreme Court in this case was, among other things, whether or not the hiring of minors for
construction jobs constituted child labour and so violated the law.. The SCanswered in
affirmative.

In Salal Hydro Project v. State of Jammu and Kashmir and others, 101 Given the inherent
dangers of the job, Justice Bhagwati ruled that the Central Government must ensure that no
one under the age of fourteen is employed in the construction industry in accordance with

97 AIR 1962 SC 1139

98 AIR 1987 SC 2049
99 AIR 2006 SC 161
100 AIR 1982 SC 1473.
101 AIR 1984 SC 177.
Article 24 of the Code of Indian Rules. In addition, the Supreme Court recommended that the
federal government ensure that children residing at or near a construction site have access to
educational facilities whenever the federal government launches a long-term building project.

102
In Bandhu Mukti Morcha v. Union of India In this particular case, the court has
issued a number of welfare directives, including a complete ban as well as a mandate for the
respondent to provide these children with access to necessary services such as education,
healthcare, sanitation, and nutritious food. Additionally, the court has ordered the government
to establish a committee to investigate the working conditions of these children in the carpet
industry within the state of Uttar Pradesh.

Article 39A : Equal justice and free legal aid

In this instance, the court cited Article 39-A, which stated that access to affordable legal
representation is an inherent component of a “reasonable, fair, and just” process, and Article
21, which guaranteed the right to free legal representation.

The right to free legal help for impoverished or needy accused who cannot afford counsel
was addressed two years later in the case of Khatri v. State of Bihar. The court ruled that the
state must provide such assistance not only during the trial but also upon initial presentation
to the magistrate or remand, and that legitimate reasons such as lack of funds, administrative
incompetence, or the lack of an explicit request from the accused cannot be used to deny this
right. Notifying the accused of these rights is a mandatory duty of magistrates and session
judges. An integral part of a reasonable, fair, and just process for an accused person is the
right to free legal services. This right should be seen as implicit in the guarantee of Article
21, and the state should be obligated to provide a lawyer to an accused person if the case
merits it and justice demands it.This duty cannot be evaded by the state on the grounds of
administrative or budgetary incapacity or on the grounds that the wronged inmates did not
seek legal assistance. The importance of raising poor people's awareness of their legal rights
was highlighted. The judge noted that the majority of rural Indians are illiterate and thus
unaware of the protections afforded to them by the law. People who can read and write still
have no idea what their legal protections are. Because of this naiveté about the law, they are
avoiding seeking the advice of an attorney. The case of Manubhai Pragaji Vashi v. State of
Maharashtra If a defendant is not given free, state-funded legal representation unless the
defendant specifically declines, the trial will be null and void, according to the Supreme
102 AIR 1997 SC 2218.
Court. Chapter 40: How Village Panchayats Are Organised State of U.P. v. Bhanumati The
elimination of the “Pramukh” or “Pradhan” position would allow for executive meddling, in
contrast to the “Up-pramukh” or “up-Pradhan” who might have taken over in the event of
their dismissal or disqualification from running the administration before the modification.
Part IX does not contain a no-confidence motion provision, so the argument goes, adding
this principle is against the spirit of the Panchayati Raj system. The amendments to part IX of
the constitution weaken the principle of stability and continuity, which are the main purposes
of the resolutions, by replacing the phrase “not less than two thirds” with “more than half,”
meaning that a simple majority is now required to carry out a no-confidence resolution
instead of two-thirds, and by shortening the time it takes to bring a no-confidence motion
from two years to one. The SC rejected the appeal and ruled that a constitution need not
disclose every aspect of the rules. The authority to enact legislation to carry out the
constitution al requirement is granted to the state legislature in several articles, such as 243A,
243C(1),,(5), 243D(4), 243X(6), 243F(1),(6), 243G, 243H, 243I(2), (4). Additionally,
considering the “constitution doctrine of Silence,” the petitioner’s arguments are not valid.
Article 42 Guaranteeing fair working conditions and maternity leave The Supreme Court
provided comprehensive rules to provide a safe workplace for women, which addressed the
issue of sexual harassment in the workplace. Part 46: Assisting economically and
educationally disadvantaged groups, including Scheduled Castes and Scheduled Tribes It is
the responsibility of the state to safeguard the economically and socially disadvantaged,
especially those belonging to the SCs&STs from social injustice and exploitation, and to
prioritise their educational and economic advancement. . Under Articles 15(4) and 16(4) of
the constitution , it is not permissible to use the idea of a socially backward class of citizens
or even the view of the “advanced classes” regarding the social status of the “less fortunate”
as a measure of backwardness. Similarly, mathematical formulas that have developed by
factoring in social, economic, and educational indicators cannot be used to determine
backwardness anymore. The SC/ST Atrocities Act of 1989 was revised in 2015 to provide
stricter measures to prevent crimes committed against scheduled castes. Medical Professional
Subhash Kashi Nath v. Maharashtra State Given the known misuse of the Atrocities Act’s
arrest provisions, the Court ruled that, in order to arrest a public servant, the appointing
authority must give their approval, and in the case of a non-public servant, the S.S.P. must
grant their approval, which may be granted in appropriate cases for documented reasons. The
Magistrate must carefully consider these considerations before granting additional detention.
In order to ensure that no innocent person is unjustly implicated, the relevant DSP may
undertake an initial investigation to determine if there is sufficient evidence to establish a
case under the Atrocities Act and if the accusations are not baseless or motivated. Article 47:
It is the responsibility of the state to improve public health, raise living standards, and
improve nutrition. In particular, the state should work towards the prohibition of improving
public health is one of the state’s primary responsibilities, along with citizens.

Consumer Education and Research Centre v. Union of India

“There can be no second opinion that preservation of human life is of paramount importance.
That is so on account of the fact that once life is lost, the status quo ante cannot be restored as
resurrection is beyond the capacity of man. Article 21 of the constitution casts the obligation
on the State to preserve life. A doctor at the Government hospital positioned to meet this
State obligation is, therefore, duty bound to extend medical assistance for preserving life.
Every doctor whether at a Government hospital or otherwise has the professional obligation
to extend his services with due expertise for protecting life. No law or State action can
intervene to avoid/delay the discharge of the paramount obligation cast upon members of the
medical profession. The obligation being total, absolute and paramount, laws of procedure
whether in statutes or otherwise which would interfere with the discharge of this obligation
cannot be sustained and must, therefore, give way.”

The Court concluded that the right to health is a fundamental right under Article 21.

LIQUOR BAN

103
State Of Tamil Nadu v. K. Balu & Anr

The apex court in this case prohibited the sale of liquor within 500 meters of national and
state highways. Further The immediate issuance of liquor sales licences along state and
federal highways is hereby prohibited in all states and territories.

Article 48: The Administration of Livestock and Farming In an effort to modernise and
scientifically organise agriculture and animal husbandry, the state must take measures to
protect and improve breeds, including a ban on the slaughter of cows and calves as well as
other types of milch and draught cattle.

COW SLAUGHTER

103 Civil Appeal Nos .12164-12166 OF 2016 on 15 December, 2016 (T.S. Thakur, D.Y. Chandrachud, L.
Nageswara Rao)
 104
A five-judge bench of the SC in Mohd Hanif Quareshi partly supported the
constitutionality of the statutes prohibiting the killing of calf and cow. On the other hand, it
ruled that the statutes were null and void since they forbade the killing of working bullocks
and breeding bulls without establishing any criteria for their age or productivity. It ruled that
basic rights could not be infringed upon by laws passed to uphold a Directive Principle
clause.

105
In Mirzapur Moti Kureshi Kassab On October 26, 2005, the seven-judge bench by six to
one majority said, “ Regarding the slaughter of one specific breed of cattle, the restriction is
absolute. The prohibition does not apply to all butchering activities; people who comply with
the (Gujarat) Act are permitted to kill any cattle they choose.

“They can slaughter animals other than cow progeny and carry on their business activity … it
is not necessary that the animal must be slaughtered to avail these things (hides, skins, etc).
The animal, whose slaughter has been prohibited, would die a natural death even otherwise
and in that case their hides, skins and other parts of body would be available for trade and
industrial activity”.

Environmental preservation, improvement, and the protection of natural habitats and species
is the focus of Article 48A. The nation’s woods and wildlife are precious resources, and the
state must do all in its power to preserve and enhance them.

PROTECTION OF ENVIRONMENT

Virtually every country’s constitution upholds the fundamental right to life. In an effort to
safeguard the environment, national courts in a number of nations have reinterpreted the
right-to-life guarantee in recent years. When it comes to this matter, Indian courts have been
the most influential. A person cannot be “deprived of his life or personnel liberty except
according to procedures established by law,” as stated in Article 21 . Justice K.N. Singh
made a more striking observation saying, “Right to live…includes the right to enjoyment of
pollution free water and air for full enjoyment of life.” More and more rulings reflect the
function of the Supreme Court as ultimate arbiter. The highest court in India has recognised
environmental issues as a matter of paramount importance, marking a major milestone in
modern Indian law. It provides the foundation for progress. Uncomplicated events give birth
to the case. There was a specific area in Ratlam where the municipal council did nothing to
104 AIR 1958 SC731
105 State of Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat & Ors. 2005(8) SCC 534
keep the roads clean and safe. The municipal board’s lack of funding to maintain the road
was their only justification. It is critical to pay attention to the common man, said Krishna
Iyer J. “The recognition of this urgent need reflects a fundamental change in the concept of
“procedural justice”…” Iyer J. quoted from a well-known work in his analysis of access to
justice. What characterised as “a dramatic shift in the hierarchy of values served by civil
procedure” is mirrored in the new perspective on procedural justice. “Social justice,” or the
search for policies that help regular people’s rights be pursued and protected, is becoming an
increasingly pressing issue. After more than seven years of pending, the court finally decided
to hear the case. “Where DPSP have found statutory expression in do’s and don’ts the court
will not sit idly by and allow municipal government to become a statutory mockery,” it
remarked, reading the scenario as a constitution command for the court. When victims of
wrongdoing demand redress, the law will be strictly enforced, and excuses about financial
difficulties will be discredited. Case law from The matter at hand pertained to the shutdown
of specific limestone quarries situated in and around Mussoorie town. It was the first lawsuit
of its type in the nation addressing concerns about ecological balance and the environment;
the court acknowledged that the topics being considered were of great moment and
importance. Conflicts between development and conservation were also highlighted by the
court. The importance of bringing the two sides together for the greater good of the nation
was highlighted. Nevertheless, the court refrained from delving into the origins of the right to
a healthy environment or its relationship to the protection of personal liberty. In the brief one
sentence that does mention the “need of safeguarding the right of the people to live in a
healthy environment with minimal disturbance of ecological balance and without hazard to
them or their cattle, homes and agricultural land and undue affection of air, water
environment," it is hardly enough to make a point. The court followed the same pattern of
reasoning to sidestep the necessity of justifying the right to a healthy environment as one of
the basic rights.This decision also dealt with the subject of whether or not the Supreme Court
can award damages in a petition filed under Article 32 of India alleging a breach of the right
to an environmentally healthy environment. There was not a single word devoted to a
proclamation including the right to a healthy environment within the guarantee of life and
personal liberty while addressing at length the court’s competence to develop procedure
adequate for the implementation of a basic right. After some time had passed, Saghir Ahmad
J. made the following observations: Protecting “life,” “environment,” and “air, water, and
soil” from pollution is a top priority for this Court, which has upheld residents’ and
individuals’ rights under Article 21 l via its multiple rulings. In its interpretation of the
constitution al sections pertaining to the right to life and the remedies under Art. 32 for
violation of fundamental rights, the Court in the Shriram Gas Leak Case developed the notion
of absolute duty of compensation. The conclusion is based on the obvious and unquestionable
right to a healthy and clean environment. A person's right to live includes the right to seek
redress for harms caused by pollution. When a business opens for business without the proper
permits and then continues to operate in flagrant violation of the law, endangering the lives
and freedoms of nearby residents, SC has ruled that it has the authority and responsibility to
step in and protect the right to life of the people. No. 49-A: Preservation of historical sites,
landmarks, and artefacts of national significance It is the responsibility of the state to prevent
the spoliation, disfigurement, destruction, removal, disposal, or export of any monument,
location, or object of artistic or historic interest that has been proclaimed to be of national
importance by or under a legislation issued by Parliament132. Act of 1951 Establishing the
National Importance of Preserving and Preserving Artefacts from Antiquity, History, and
Archaeology In 1984, M C Mehta sought to shield the Taj Mahal from nearby industry in a
PIL he filed in the Supreme Court; the court handed down its ruling in 1996. The government
of Uttar Pradesh authorised the Taj Heritage Corridor Project in 2007, but M C Mehta
opposed it in a separate PIL. This PIL was the reason the project was halted.Within the
context of the Subhas Datta vs. UOI& Ors. Case The preservation of artefacts from the
country’s rich history, housed in museums and other institutions, was the subject of a PIL
filed in the Supreme Court by an individual. He begged the Supreme Court to order effective
security measures, investigate the theft and damage of several historical artefacts, and
compile an inventory of all available items for future reference. An advocate for the
preservation of Chandigarh’s heritage property in its original form and design material, Ajay
Jagga, recently filed a PIL in the High Court of Punjab and Haryana. Chandigarh
Administration was served with a notice by the HC. The development of an inventory of the
Chandigarh Administration’s gathered antiques, furniture artefacts, etc. was also emphasised
by the petitioner. To try to get the Kohinoor diamond returned from the UK, Heritage Bengal
filed a PIL requesting a directive to the central government. Section 50: Judicial and
executive branch separation (Chandra Mohan v. State of U.P.). The separation of powers
between the government and the judiciary was the stated goal of the article. A smaller bench
headed by Chief Justice Ranganath Misra cast doubt on the validity of the S.P. Gupta
decision in Subhash Sharma vs. UOIin 1991, stating: “The view that the four learned judges
shared in SP Gupta’s case, in our opinion, does not recognise the special and pivotal position
of the Chief Justice of India.” This was in reference to the word “consultation” in Articles
217 and 224 (2) of the constitution . The case was subsequently referred to a larger bench for
further consideration. We need a bigger Bench to reevaluate the merits of the majority’s
decision in S.P. Gupta’s case, which concerns the Chief Justice of India’s position and the
extent to which the judge’s power cannot be challenged in court. The result was a bench of
nine judges who, on 6-10-1993, declared that “the opinion given by the Chief Justice in the
consultation process has to be formed, taking into account the views of the two senior most
judges of the Supreme Court,” in SCAdvocates-on-Record Association v. UOI, also known
as the 2nd Judges case. Additionally, it is customary for the Chief Justice of India to consult
with the seniormost judge on the Supreme Court, whose judgement is likely to have a major
impact on the candidate’s eligibility assessment (whether because of their shared background
from the High Court or not). According to Article 124 (2), it is necessary to ascertain the
opinions of other Supreme Court judges. This accomplishes the goal of 124 (2) since the
Chief Justice of India uses their opinions as a basis for his own. The Chief Justice of India is
required to consider the opinions of those on the Supreme Court who are familiar with the
workings of the relevant High Court, or of a senior judge from that court, when making
appointments to those courts. His decision should not be made until he has heard from the
two senior judges from each court. This process persisted until Sri K.R. Narayanan’s
administration had questions about the appointment procedure in Special Reference 1 of
1998, also known as the 3rd Judges case, Special Reference No. 1 of 1998, and sought
clarification from the Supreme Court under Article 143 of the Constitution of India. A bench
of nine judges, presided over by Justice S.P. Bharucha, was formed after the president
referred nine questions. Although an advisory opinion issued under Article 143 is not
ordinarily required to be binding, the Attorney General stated before the Court that the
government will adhere to the Court’s conclusion. Each of the nine judges on the bench
agreed with the advice that the Chief Justice of India should confer with the four senior-most
Supreme Court judges before recommending the appointment of a new judge to the Supreme
Court or the transfer of an existing Chief Justice or judge from a lower court. The two senior-
most justices of the Supreme Court must be consulted when making a recommendation for an
appointment to the High Court. Court of Chief Justice of India v. UOIA National Judicial
Appointments Commission, as established by the 121 st Amendment Bill of 2014, was
challenged in this instance. The Bill outlined the duties and membership of the National
Judicial Appointments Commission that was to be established. The appointment of judges to
the Supreme Court and High Courts was to be made easier under the new law, which allowed
members of the government branch, the judiciary, and prominent citizens to all have a say in
the process. The Act and the challenged Amendment were invalidated for being conflict of
interest (constitution ), and the previous system for appointing judges was reinstated. The
fundamental framework of constitution is the separation of powers and the independence of
the judiciary, which have been upheld.

4.2 JUDICIAL INTERPRETATION OF THE DPSP

One of the key goals enumerated in the constitution is the attainment of "social and
economic justice." The determination of constitution al law interpretation holds importance.
As per the Supreme Court, the objectives of "social and economic justice" involve
safeguarding the rights of marginalized social groups, promoting economic equality, and
ensuring a satisfactory quality of life for everyone.

Therefore, the basic objectives of a "Welfare State" should encompass both social and
economic aspects. The constitution designates the State with the duty of ensuring social and
economic stability, as stated in the Preamble, which serves as a guiding light for the State to
106
create a Sovereign, Socialist, Secular, and Democratic Republic. Let's study the process of
achieving "socio-economic justice" by interpreting the DPSP through the judiciary.

4.2.1 NATURE AND SCOPE OF DPSPJUDICIAL VIEW

Due to its lack of enforceability, the judiciary originally displayed limited consideration
towards DPSP. The DPSP have been perceived by the courts as being of lesser importance
compared to the Fundamental Rights due to their exemption from judicial review. The court's
ruling stipulated that the implementation of a directive necessitates legislative action, and
neither the State nor an individual can infringe upon any preexisting law or legal entitlement
by ostensibly adhering to a directive, provided that no legislation is in place to enforce the
policy delineated in the directive. In the case of Deepchand v. State of U.P.107, the Court
found that the order itself does not confer or deprive the relevant legislature of legislative
power. The information regarding legislative competence can be found in the 7th Schedule of
the constitution , which can be obtained through the Legislative List. The unconstitution
ality of a law cannot be determined by a court simply based on its violation of one or more
DPSP. The stance of the judiciary regarding the DPSP has undergone change throughout
time. The significance of these principles in expanding societal opportunities and under the
Indian constitution was recognised. In the case of Secretary to the Government P.W.
106 V.R. Iyer, Justice and Beyond, 63 (1st ed., 1980).
107 AIR 1969 SC 648 (664).
Department v. Adonil Ginning Factories,108 The Andhra Pradesh High Court ruled that the
DPSP outlined in Part IV of the constitution require states to implement policies aimed at
improving the standard of living and fostering an environment conducive to the pursuit of
happiness and the development of human personality. This court ruling highlights the
inclusion of the "socio-economic objective" within the DPSP. In the case of "M/s Pratap
RandT Factory v. State," the Punjab High Court issued a verdict affirming that the
aforementioned principles are not merely mere words meant for decorative purposes, but
rather form an essential component of our constitution .

These principles are specifically designed to align with and subordinate to the basic rights
enshrined in the constitution . In the case of Golak Nath v. State of Punjab, 109The SCgave a
decision affirming that Part III and IV of the constitution provide a cohesive framework that
possesses the capacity to adapt to the evolving demands of society. The SCasserted that the
DPSP encapsulate the purpose and goal of the Welfare State as outlined in the Republican
constitution , emphasising that it is not merely a police state but rather a Welfare-State. The
Court also recognised the significance of the DPSP(DPSP) in shaping society.

In light of the rulings made by Justices Hegde and Mukharjee in the aforementioned case,
Part IV of the constitution endeavours to implement the transformative and societal reforms
that were neglected subsequent to the attainment of freedom. The main objective of the
constitution is to ensure certain freedoms for all individuals, rather than a limited group.
According to the constitution , every individual possesses the entitlement to use their rights
while considering the requirements of our larger society.110

Disregarding Part IV is tantamount to disregarding the essential principles and aspirations

that the constitution offers to the country. The realisation of the Welfare-State envisioned by
our constitution is contingent upon the rigorous obedience to the DPSP. According to
Justice Mathew, the constitution was created by the people with the objectives of achieving
social justice, economic liberty, and equality. The attainment of these goals is described in
Parts III and IV of the constitution . Sections III and IV list certain moral entitlements. In the
case of Fateh Chand v. State of Maharashtra,111 The SCruled that the DPSP was created
through the integration of DPSP. This entails a significant responsibility on the State to

108 AIR 1959 A.P. 538.

109 AIR 1967 SC 1643
110 Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.
111 AIR 1977 SC 1825.
actively pursue the advancement of the populace by ensuring and safeguarding a social order
that upholds justice in all aspects of national life, including social, economic, and political
areas. The Court stressed that the DPSP should not be regarded as mere rhetoric, but rather as
a directive that is put into action.

It is important to remember that the constitution mandates the State to protect the well-being
and welfare of workers and women, ensure a satisfactory quality of life for its inhabitants,
and ban both ethical and material exploitation, even if it poses a threat to our safety.
Therefore, the DPSP has facilitated the creation of a "Welfare State" in relation to the
judiciary. The primary goal of the DPSP is to facilitate a "social and economic revolution."

They enforced a "positive obligation" on the State to carry out its duties while taking into
account the well-being of the Indian people. Consequently, the Indian judiciary made
recognition of the DPSP's recognition of the idea of a "Welfare State". "It is crucial to
highlight that Part IV, despite its provisions being explicitly made unenforceable, does not
alter its fundamental nature," stated Mathew J. In his comments, Chandrachud J. argues that
the importance of a country's governance cannot be overstated, just as the importance of an
individual's life cannot be overstated. Hence, the judiciary asserts that the DPSP is "essential
in the administration of the nation" and holds equal importance to the basic Rights, despite its
lack of enforceability.

4.2.2 EFFECTIVENESS OF THE DPSPFOR JUDICIARY

As evidenced in the preceding pages, the judicial arm of the government accorded limited
significance to the conclusions of the DPSP due to their absence of an enforceable element.
However, the judiciary's viewpoint on the DPSP has undergone a transformation throughout
the course of time. The significance of the DPSP in initiating the "social and economic
resolution" process has been acknowledged by the judiciary. The concepts in question are
perceived by the judiciary as the embodiment of a Welfare State. The concept of the "Judicial
Process" can be likened to the actions undertaken by the government, whereas the "Doctrine
of Precedence" confers legal significance upon verdicts issued by the highest court.
Consequently, we shall examine the significance of the DPSP in the court's decision by
referencing the following examples.
A. Interpretation of constitution
In the case of Mohd. Hamif Qureshi v. State of Bihar, the SCemphasized that while the
DPSP do not possess the authority to supersede the Fundamental Rights in terms of defining
the extent and objectives of the Fundamental Rights, they are not permitted to disregard the
Principle of Harmonious Construction in order to maximise the implementation of both
principles. According to the finding in "A.B.S.K. Sangh v. Union of India," the Court has
the authority to consider the DPSP while interpreting a Fundamental Right. In such cases,
the Court may choose to adopt the interrelation that establishes the right as a directive
principle, rather than outright rejecting it.

Based on the aforementioned rulings, it can be deduced that the Court has not hesitated to
seek the assistance of the DPSP in interpreting certain sections of the Indian constitution .
The judiciary exercises its authority to restrict the scope and scope of the Fundamental
Rights through the use of the "Doctrine of Harmonious Construction," so allowing for the
inclusion of the DPSP in the process. In the case of "Orient Weaving Mills v. Union of
India112," the SCof India argued that a classification of an object that is deemed favorable
and promoted by the DPSP should be considered a reasonable classification when assessing
the reasonableness of the classification under Article 14. Consequently, the Court
acknowledged the applicability of the DPSP in assessing the permissibility of classification
within the framework of Article 14. Furthermore, the SChas ruled that when interpreting the
scope of Article 19 and the "reasonableness of restriction" imposed on it, restrictions
imposed on the exercise of Fundamental Rights for the purpose of securing the objectives
enjoined by and of the Directives would be considered as reasonable restrictions within the
meaning of Clause 2 to 6 of Article 19. This assertion has been reiterated by the court on
multiple occasions. As previously indicated, both the Preamble and the DPSP's requirements
are taken into account when reading Part III.

B. Interpretation of Statutes
While Article 37 does not explicitly mandate the Court to adhere to the DPSP, it does not
preclude the Court from utilising them as a framework for interpreting any legislation. In the
case of "Mumbai Kamgar Sabha v. Abdulbhai Faizalabhai,"113 The SCstated that when
there are two different interpretations of a statute, the court shall give preference to the
interpretation that aligns with the instructions, such as those outlined in Article 39 or 43. The

112 AIR 1963 SC 98

113 AIR 1976 SC 1455.
Supreme Court, in the case "Workman of Williamson on Manager and Co. v. Williamson
Monger and Co. Ltd," decided that when there are two potential interpretations of Industrial
legislation, the one that is more beneficial to labor should be accepted in accordance with
Part IV of the constitution .

4.2.3 JUDICIAL ATTITUDE TOWARDS DPSP

i) Welfare of People
The welfare of individuals Article 38 requires the State to reduce economic inequalities and
strive to eliminate differences in status, opportunity, and access to resources among persons
or groups residing in various areas or pursuing different professions. These actions aim to
enhance the well-being of individuals by upholding and safeguarding the societal structure
that all national establishments need to be guided by principles of social, economic, and
political equity. The Supreme Court, in the case of Ratlam Municipal Council v.
Vardichand114, upheld its ruling on the interpretation of municipal laws. The Court
emphasized the importance of issuing a definitive and obligatory order to the municipality,
instructing them to promptly address the public nuisance, regardless of the municipality's
financial capabilities. The purpose of this action is to advance social equity and enhance the
well-being of the general public, as outlined in Article 38 of the directive. In the case of
115
Harjinder Singh v. Punjab State Warehousing Corp., The SCdetermined that Article 38
of the constitution mandates the State, including the court, to uphold social order in order to
promote the well-being of the population.

ii) Fair Distribution of Ownership and Control of Material Resources

Article 39(b) of the Directive Principle pertains to the concept of "economic justice." This
essay underscores the significance of achieving a "fair distribution of ownership and control
of material resources'' as a means to achieve this objective. The term "material resources'' has
acquired a more expansive connotation. In the case of State of Tamil Nadu v. Abukavar Bai,
the SCestablished that the scope of the term "material resources' ' encompasses not just
natural or physical resources, but also includes both transportable and immovable property.
In the case of "State of Karnataka v. Ranaganatha Reddy,"116 The court clarified that the

114 AIR 1980 SC 1622.

115 2010) 3 SCC 192.
116 AIR 1978 SC 215.
term "material resources" encompasses both private and public sources that might be used to
address material requirements, rather than just public possessions.

Moreover, the case of "Tinsukhia Electricity Supply Co. v. State of Assam 117" established
that the provision of electric energy by a private entity is considered a valuable asset for the
society. According to the court's ruling in the case of "Jilubahi Nanbhai Khachar v. State
of Gujarat,"118 mines, minerals, and quarries are considered material resources that belong to
the community and are intended for public use and distribution. The SChas determined that a
court can fully and comprehensively implement the legislative objective stated in Article 39
(b) by interpreting the term 'distribution' in Article 39 (b) in a broad manner. The article's
intended purpose may be compromised or hindered by a limited interpretation. According to
Fazal Ali J., it is apparent that the concepts of apportionment, allotment, allocation, and
categorization are encompassed within the comprehensive definition of "distribution." It is
evident that considering the extensive array of transactions associated with the term
'distribution', it would be inaccurate to interpret it solely in a literal manner, limiting it to a
certain type of division or allocation to specific individuals. Consequently, the description of
"distribution" in Article 39(b) will encompass a wide range of data, attributes, techniques,
and terminology related to a shared notion of distribution.

In alternative terms, the concept of "distribution" extends beyond the mere act of
appropriating and transferring property to individuals. Instances of this phenomenon
encompass several urban and rural Ceiling Acts, including land reforms that entail the
transfer of affluent landowners' properties to landless laborers. This distribution model is
among several available options, although it is not the exclusive one. The nationalization of
transportation has facilitated the accessibility of even the most geographically isolated
regions inside the state through the use of automobiles. The distribution in question would
surely fall within the purview of Article 39(b) in relation to the overall well-being of the
populace. According to the definition provided in Article 39(b), the term "distribution"
encompasses the act of allocating, classifying, or spreading products or services within a
society. Prioritising the well-being of the majority is crucial in this form of distribution, and
it should be implemented for the collective advantage of all individuals.

117 AIR 1990 SC 123

118 AIR 1995 SC 142.
Iii) Equal Pay for Equal Work
According to Article 39(d), the principle is embraced, which indicates that the State should
focus its policy on ensuring pay equality among individuals of the same gender. The SChas
adopted a liberal interpretation of this provision, which mandates the State to eliminate sex-
based wage disparities. The decision rendered in the case of "Hindustan Antibiotics v.
Workman" established that the State would undoubtedly contravene the constitution al
provision outlined in Article 39 (d) and 43 if it were to differentiate between a particular
group of workers based on the fact that some are employed by a company funded by the
State, while others are employed by companies established by private entrepreneurs. The
Court additionally asserted that the provisions outlined in Articles 39(d) and 43 do not
provide any basis for differentiating between industries operating within the public and
private sectors. The Supreme Court, in the case of Randhir Singh v. Union of India,119
established that the constitution al objective of "equal pay for equal work" must influence
the interpretation of Articles 14 and 16 in order to attain the status of a fundamental right.
The denial of this right must lead to an illogical categorization. In addition, the SCreaffirmed
in "Employee Welfare Association v. Union of India" the fact that "even though the concept
of 'equal pay for equal work' does not come within Article 14 as an abstract doctrine,' if any
classification is made relating to the pay scales and such classification is unreasonable and/or
if unequal pay are based on no classification, then Article 14 will at once be attracted and
equal pay may be attracted and such classification set at naught and equal pay may be
directed to be given for equal work where unequal pay has caused a discrimination within
the meaning of Article 14; it will be a case of 'equal pay for equal work' as envisaged by
Article 14."

Consequently, the judges regarded "equal pay for equal work" as the "constitution al
objective." However, the judiciary also believes that other variables, such as the type and
quality of job, experience, reliability, etc., should be taken into account while implementing
this concept. The court in the case of Garhwal Jal Sansthan Karmchari Union v. State of
120
U.P. ruled that the concept of equal pay for equal work does not apply when there is a
clear difference in qualitative functions and responsibilities, despite some similarities in
duties and obligations. In the legal matter of "State of Andhra Pradesh v. V.G. Sreenivas
Rao121," the SCupheld the ruling, affirming that it is permissible to establish varying levels of

119 AIR 1982 SC 879.

120 AIR 1997 2143.
121 (1989) 2 SCC 290.
compensation for individuals within the same occupational category who perform
comparable tasks, provided that there exists a distinction in terms of reliability,
responsibility, and the nature of the work performed. In addition, the Court determined that
providing a greater salary to a lower-ranking employee within the same hierarchy is not
unlawful and in violation of Article 14, 16, and 39(d) if there is a valid justification for it.
Therefore, it is clear from the previous analysis that the principle of "equal pay for equal
work" safeguards employees from unfair treatment rooted in illogical or unwarranted
reasons. This provision rectifies the illogical and puzzling nature of the payment disparity,
which may be perceived as "prejudice against an employee or a specific group of
employees."

iv) Welfare of Women and Children

According to Articles 39(e), (f), and 42, the State is obligated to execute its responsibilities
in a manner that demonstrates due regard for the welfare of women and children.According
to the Supreme Court's ruling in "Bandhua Mukti Morcha v. Union of India," the right to
live with human dignity free from exploitation, as outlined in Article 21, is derived from the
Directive Principle of State Policy found in Articles 39(e),(f), 41, and 42. This principle
encompasses various aspects, including safeguarding the health of workers, both men and
women, as well as protecting the vulnerable age of children from abuse.

Additionally, it entails providing opportunities and resources for children to develop in a

healthy manner, while ensuring their freedom of dignity. Furthermore, it encompasses
educational facilities, fair and humane working conditions, and maternity relief for women.
To effectively execute these proposals, it is imperative for the State to enact labor and social
welfare legislation, which should be rigorously enforced by the judiciary against the
administration. In the legal matter of "M.C. Mehta v. State of Tamil Nadu," the SCrendered
a verdict affirming that Article 39 of the Indian Penal Code forbids the employment of
individuals under the age of majority in match factories engaged in the direct manufacturing
of matches and pyrotechnics, owing to the inherent risks associated with such activity.

A legal ruling prohibits individuals under the age of majority from engaging in hazardous
occupations within manufacturing facilities that produce firefighting gear and match boxes.
To ensure the safety and improve the overall quality of life for these children, the Court has
underscored the significance of implementing preventive steps. Each employed child is
required to possess insurance coverage of up to Rs. 5000/-, with the employer covering the
costs of premiums. The Indian SCupheld its prior decision and issued instructions regarding
the "eradication of child labour and protection of child welfare." The Supreme Court's ruling
in the case of "Gaurav Jain v. Union of India" established that offspring of those engaged in
prostitution possess the right to receive care, respect, equal chances, and rehabilitation.
Individuals should not be granted any special privileges based on their financial
circumstances; instead, they should be acknowledged as fellow human beings and
assimilated into the broader social framework. The Public Interest Litigation in "Vikram
Deo Singh Tomar v. State of Bihar" notified the SCthat the female inmates at "Core Home
Patna" were residing in abhorrent living circumstances. The available facilities were deemed
inadequate, and the quality and quantity of the dinner were subpar. They were completely
deprived of medical care. The SChas affirmed the principle that it is the responsibility of the
State to ensure the provision of fundamental standards of human dignity in shelters
designated for impoverished women and remand observation houses for children. In the case
of "National Campaign Committee for Central Legislation on Construction Labour v.
UOIand Others," the SCrendered a verdict indicating that social justice legislation was
enacted while taking into account the DPSP.

Specifically, Article 39 of the constitution stipulates that the State is required to create
legislation in order to protect the physical welfare of workers, while Article 42 of the
constitution pertains to the establishment of equitable and empathetic working
environments. The recognition of the importance of Article 21 of the constitution is of
utmost importance. Every individual, including those employed in the construction industry,
has the inherent right to a life characterised by dignity. It is crucial to understand and
appreciate the two principles of welfare and beneficence from this perspective.

v) Free Legal Aid

As per the provisions outlined in Article 39-A, it is incumbent upon the State to uphold the
principles of justice by guaranteeing equity and providing pro bono legal aid through suitable
legislation, initiatives, or alternative mechanisms. The purpose of this pledge is to guarantee
that every citizen will have equal access to justice, regardless of limited resources or other
factors. The judiciary acknowledged the validity of Article 39-A and implemented principles
to facilitate the effective dispensation of justice while interpreting the scope and scope of
Article 21. According to one of these principles, if the accused is impoverished or
experiences comparable circumstances and is unable to afford legal representation, the trial
should be dismissed until the State offers free legal assistance to their defence, allowing the
accused to choose their own attorney. The Supreme Court, in the case of "Suk Das v. Union
Territory of Arunachal Pradesh,"122 contended that the trial would be deemed
unconstitution al unless the accused specifically declined to undertake the provision of free
legal representation at the State's cost. No application is necessary for him. Every individual
possesses an inherent entitlement to unimpeded legal aid funded by the government,
irrespective of whether they are facing criminal charges. This right is derived from the
requirement of Article 21, which requires a legal system that is unbiased, reasonable, and
fair. Since he did not submit an application, he is entitled to this right, which he cannot be
deprived of. The Magistrate is obligated to provide the accused with information regarding
their legal entitlements and inquire about their preference for State-funded legal
representation, unless they have explicitly opted not to avail themselves of this alternative.
According to the Supreme Court's decision in the case of "Sheela Barse v. State of
Maharashtra,"123 It is mandated by the constitution that the State must provide legal
representation to an individual who is indigent or destitute and is being detained, perhaps at
risk of losing their life or personal liberty.

Articles 14 and 21 of the constitution , along with Article 39-A, require this commitment. In
the legal matter of "State of Maharashtra v. Manu Bhai Pragaji Vashi,"124 The Court
rendered a decision affirming that Article 21 serves as a protective measure for the
fundamental rights pertaining to free legal aid and a timely trial. The principles of "equal
justice" and "free legal aid" are delineated in Article 39-A, which aims to ensure fairness and
compliance with legal requirements. Within the context of a democratic approach
distinguished by the principle of the rule of law, it is imperative for the State to place utmost
importance on the establishment of a resilient legal framework. It is crucial to guarantee that
every individual is able to pursue justice regardless of their financial or other disadvantages
by providing free legal aid through suitable legislation, initiatives, or alternative methods.

The key terms are those explicitly mentioned in Article 39-A. In order to guarantee the
provision of free legal aid and expeditious trials, it is imperative for the State to possess a
significant quantity of individuals who possess legal competence. Legal aid plays a crucial
role in offering assistance and facilitating the resolution of conflicts through the involvement

122 AIR 1986 SC 991.

123 AIR 1983 SC 378.
124 (1995) 5 SCC 730.
of courts, tribunals, or other regulatory bodies. It is acknowledged in various manifestations
and in various phases. The proportions of the object are numerous. In order to proficiently
navigate the escalating intricacy of legal obstacles, it is crucial to maintain a continuous and
meticulously structured legal education in light of the prevailing patterns inside the global
system. The legal education system should be able to meet the growing demands of society.
Due to this necessity, a considerable proportion of dedicated workers across various legal
occupations are obligated to undergo annual training. In order to achieve this objective, it is
imperative to build an adequate quantity of competent legal institutions.

In the case of "Rajoo alias Ramakant v. State of Madhya Pradesh," 125 The SCcontended
that the LSA and the constitution do not distinguish between a trial and an appeal in terms
of providing free legal assistance to those who are accused or in detention. The appellant had
the responsibility to inquire with the High Court regarding their need for legal aid, and if
necessary, the State should have assumed the financial burden of providing such assistance.
Based on the findings of the study, it has been observed that the judiciary has acknowledged
the inclusion of free legal assistance within the scope of Article 39-A, similar to its
interpretation of fundamental rights. Indeed, the incorporation of complimentary legal aid
has broadened the scope of Article 21. The Indian constitution 's Article 21 not only
guarantees the provision of "free legal aid," but also defends the fundamental freedom of the
"right to a speedy trial."

vi) Right to Work

According to Article 41, the State is obligated to protect the right to work by enacting
appropriate rules that are within its economic growth limits. In the case of "Jacob M.
Puthuparambil v. Kerala Water Authority126 The Court established that both the Legislature
and the Courts are obligated to adhere to Article 41. Consequently, the Court will interpret a
statute or other subordinate legislation in a manner that advances the goals of Article 41,
provided that the language allows for such interpretation. Despite the lack of enforceability,
the judiciary has repeatedly assigned considerable importance to the "Right to Work," as
established by Article 37, in issues pertaining to services and employment. In the case of
"Central Inland Water Supply Corporation Ltd. v. Brojo Nath Ganguly 127," the SCruled
that regulations allowing a State-owned corporation to terminate a permanent employee's

125 AIR 2012 SC 3034;

126 AIR 1990 SC 2228.
127 AIR 1986 SC 1571
employment without providing notice or offering compensation in lieu of a notice period are
prohibited by Article 14, the DPSP of Article 14, and the public policies of Articles 39-A
and 41. In "Daily Casual Labour Employed under P&T Department v. Union of India,128"
the SCargued that job stability is an essential element of the "Right to Work" when seen
through the lens of socio-economic justice theory. As a result, the Court decided to issue an
order that officially recognised the employment of those who were previously categorised as
"casual employees" but had their jobs terminated in the past. The Supreme Court, in the case
of "Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan 129, advised
policymakers to formulate instructions and plans to provide a steady stream of employment
in rural regions. Consequently, there would be a decrease in the number of people moving
from rural to urban regions, leading to a reduction in the expansion and invasion of slums.

vii) Uniform Civil Code

Personal law is diverse, hence it is occasionally subject to discriminatory injustices. This
could lead to communalism and secession, jeopardising the unity of the nation. As a result,
the courts have weighed in on the issue, making rulings that underscore how crucial the
Uniform Civil Code is to the general welfare of the people. Chief Justice of India Y.V.
Chandrachud lamented that Article 44 of the constitution had become a useless document in
the case of "Mohd. Ahmad Khan v. Shah Bano Begum”. There is no evidence that the
national civil code was drafted through an official procedure.

There seems to be an increasing amount of agreement that the Muslim community ought to
lead the charge in changing their own legal system. The rationalisation of loyalty to
competing legal systems would end with the establishment of a single civil code, fostering
national cohesion. It is unlikely for any society to succeed in seeking to pacify its opponents
by making unnecessary concessions on the issue. It is evidently within the legislative domain
of the State to ensure that all citizens of the country have access to a common civil code.
Speaking almost audibly, a representative representing the parties involved in the case stated
that while they recognised the difficulties in uniting people from different backgrounds, it is
quite another to have the political courage to use legislative competence.

However, the meaning of the constitution must begin somewhere. Unfairness will
eventually become too evident to be disregarded, forcing courts to adopt a reforming role.

128 AIR 1987 SC 2342.

129 AIR 1997 SC 152.
However, a unified civil code cannot be replaced by judges' haphazard attempts to harmonise
diverse personal rules. The purpose of Article 44, according to the Supreme Court's ruling in
"Jorden Deigdeh v. S.S. Chopra"63, is to unite all groups on matters that are now covered by
different personal laws but do not fundamentally relate to any one faith.

These issues include divorce, for instance. It is far more satisfying to give justice to each
individual than to treat everyone equally. The 1964 case "Sarla Mudgal v. Union of India"130
is considered historic on this page. "Article 44 is that religion and personal law in a civilised
society do not necessarily have to be connected," the court stated. The Court has also directed
the Indian Government to work towards developing a "Uniform Civil Code" that would be
enforceable throughout the nation and to reevaluate Article 44 in light of contemporary
circumstances. The judges, Kuldip Singh and P.M. Sahai observed that the Government was
unable to impose Article 44. It has been proposed that the Law Commission and Minorities
Commission should be tasked with rationalising the private laws of minorities in order to
promote religious and cultural harmony." "The Government of India to file an affidavit
indicating the steps taken and efforts made to have a fresh look at Article 44 by August
1995," the SCordered. In the end, the Court deemed this directive to be "obiter dicta."

In its ruling in "Lily Thomas v. Union of India131," the SCunequivocally stated that "the
court had not issued any direction for codification of a common civil code" 65. The SCdid
express its displeasure that the "Uniform Civil Code" had not been passed in "John
Vallamatton v. Union of India," nevertheless.In the case of "Noor Saba Khatoon v. Mohd.
Quasim," the SCcorrectly observed, "We have chosen a secular republic; secularism under
the law means that the State does not owe loyalty to any particular religion and there is no
State religion.". The constitution guarantees the equality of freedom for all religions, and
every individual is free to practice and propagate their own faith. Nonetheless, the state's
socioeconomic laws are unaffected by a person's or a group's religious convictions. Religion
is prohibited from interfering with people's secular rights or the state's ability to regulate
socioeconomic transactions by the constitution ally guaranteed right to religious freedom.
The concept of "talaq-e-biddat" or "triple talaq" was abolished by the Indian SCin the 2017
decision "Shayara Bano v. Union of India.132" With this, the "Uniform Civil Code" official
implementation got underway. In the ruling in "Jose Paulo Coutinho v. Maria Luzia

130 AIR 1995 SC 1531.

131 AIR 2000 SC 1650.
132 AIR 1985 SC 945.
Valentina Pereira,133" the SCunderlined the significance of the "Uniform Civil Code.".
Despite the fact that the founders of the constitution hoped and expected that the State
would endeavor to ensure that all Indian citizens had access to a Uniform Civil Code (Art. 44,
Part IV, DPSP), the judges Deepak Gupta and Annirudha Bose, J.J., who sit on the bench,
stated that nothing has been done in this regard up to this point. No attempt has been taken to
construct a Uniform Civil Code that would apply to all citizens of the country, despite the
fact that Hindu laws were codified in 1956 and this Court's exhortations in the instances of
Mohd. Ahmed Khan v. Shah Bano and Sarla Mudgal and Others v. UOIand Others. 134The
communities' opposition to the "Uniform Civil Code," which they say would violate their
right to freedom of religion, is noteworthy. That is false, though, as the "Criminal Procedure
Code, 1973" outlines the laws that apply to everyone in India. This illustrates why, especially
in secular democracies, there should be no overlap between religion and civil and criminal
law. It was thus that the "Uniform Civil Code," which defines rights and obligations for
"socio-economic matters," was introduced.

viii) Promotion of Educational and Economic Interest of Weaker Sections

Both Article 15(4) and Article 46 of the constitution apply to this clause. When enacting
legislation concerning the welfare of SCs, STs, and other socially disadvantaged groups, the
Court takes these Articles into account. The SCargued in "Lingappa Pachanna Appelwar v.
State of Maharashtra''135 that the Article embodies the idea of "distributive justice," which
includes eliminating economic disparities and redressing injustices arising from interactions
or transactions between socially unequal members of society. The state can achieve this by
enacting laws that specifically regulate contracts, outlawing certain transactions, providing
debt relief for property held by one or more people who are impoverished, or lowering
inequality by imposing various taxes on various groups of people. In Panchayat Varga
Sharmjivi Samudaik Sahakari Khedut Co-operative Society v. Haribhai Mevabhai,136 The
court argued that it is the state's responsibility to provide SCs and STs with opportunities for
economic empowerment. Furthermore, in "Indra Sawhney v. Union of India 137", the
SCupheld the Central Government Services' seat reservation policy for "Other Backward
Classes" by citing Article 46. However, the Honourable Court said unequivocally that the
interests of the remaining people must always come first when creating a reservation.
133 Civil Appeal No. 7378 of 2010 (Supreme Court, 13/10/2019).
134 AIR 1985 SC 945.
135 AIR 1985 SC 389
136 AIR 1996 SC 2578.
137 AIR 1993 SC 477.
The SCruled that "the State cannot ignore the fundamental right of the rest of the citizens in
making reservations for socially and educationally backward classes, the Scheduled Castes
and Scheduled Tribes." Sincerity is required in the consideration of all relevant variables, and
the logic must hold up to critical examination.

ix) Improvement of Public Health

According to Article 47, the state must improve public health, lower the general population's
standard of living, and discourage the use of alcohol and other narcotics. In Ratlam
Municipal Council v. Vardichand,138 The SCdecided that the State's primary duty under
Article 47 is to enhance public health. Therefore, the court should impose this requirement on
the concerned local government, regardless of its financial means, by threatening to impose a
penalty stated in the constitution . The Food Corporation of India, as an agency of the State,
must abide by the letter and spirit of Article 47 to improve public health, according to the
ruling in "Tapan Kumar Sadhukhan v. Food Corporation of India.139" It also stated that it
should only release substandard rice to dealers after upgrading it for human consumption and
not otherwise. The State may prohibit the use of alcohol and other narcotics that are
detrimental to one's health under Article 47. The SCexamined the meaning of this word in the
F.N. Balsara case in order to uphold the validity of the Bombay Prohibition Act. In actuality,
the Court used Article 47 to construe the ban on the sale of alcoholic beverages as a
justifiable restriction on the right outlined in Article 19(1)(g). The judiciary has extended the
definition of "life and personal liberty" by establishing the "Right to Health and medical
assistance" within the aegis of Article 21, even though the State's commitment "to improve
public health" is fundamentally unenforceable as the DPSP. The SCgranted the petition "for
maintenance of approved standard for drug in general and for the banning of import
manufacture, sale, and distribution of injurious and harmful drugs is maintainable" with
regard to "Vincent Panikurlangara v. Union of India.140" The foundation of all human
endeavor is physical health. The rumour is "Sariramadhyam Khalu Dharma Sandhanam".

In a welfare state, it is the responsibility of the State to create and maintain environments that
promote health. Furthermore, the Supreme Court's historic ruling in "Consumer Education
and Research Centre v. Union of India 141" affirmed the "Right to Health" and helped
establish it as a Fundamental Right by citing the concepts in Art. 39(e) and 47. In addition,
138 AIR 1980 SC 1622
139 (1996) 6 SCC 101
140 AIR 1987 SC 990.
141 (1995) 3 SCC 42.
the Court ruled that "all such action which will promote health, strength and vigour of the
workman during period of employment and leisure and health, and also after retirement, is
enjoined to talk about by the State, be it Union or State Government or an industry public or
private." Consequently, the SChas recognised the significance of public health in several
decisions, instructing the government to implement the required measures to enhance the
well-being of its populace and imposing a ban on excessive alcohol and drug consumption.

x) Organisation of Agriculture and Animal Husbandry

Article 48 mandates that the State modernise agriculture and animal husbandry, save and
improve breeds, and make it illegal to slaughter cows, calves, and other milch and draught
142
livestock. In the case of Raghunath Pandey v. State of Bihar, The Patna High Court ruled
that "bringing suburbs within the limits of Municipal Corporation with a view to organising
agriculture on modern lines" does not infringe Article 48. The Indian SCheld in the case of
"M.H. Qureshi v. State of Bihar"143 that the prohibition against slaughtering any of the
cattle species mentioned in the latter part of the Article is quite specific and cannot be
deemed to be an unreasonable restriction on the right granted by Article 19 (1) (g). This is
true regardless of the cattle species' utility from an agricultural or animal husbandry
perspective." In the same instance, the Court further decided that the protection suggested by
this provision of the Directive is restricted to cows and calves, together with any other
animals that are capable of giving milk in the future or serving as drought cattle. Cattle that
were formerly draught cattle but are no longer so are not covered by it. Recently, the
Honourable SCevaluated the connection between Art. 48 and 51-A (g). "Articles 48 and 51-A
(g) of the constitution were read together and this Court expressed that these provisions have
to be kept in mind while interpreting statutory provisions," the court wrote in "State of West
Bengal and Ors. v. Sujit Kumara Rana.144" Within the legal matter of "Alim v. State of
Uttarakhand and Ors145." The High Court expounded upon the meaning of "milch and
draught cattles."A cow is no longer considered "milch" by the Court at a certain age. Though
they are no longer regarded as "milch," cows are recognised to have a right to be spared from
slaughter. The position outlined in the constitution is well-founded. Calves are also covered
by this. Although calves are too young to be called "draught cattle," they are nonetheless

142 AIR 1982 Part 1.

143 AIR 1958 SC 731.
144 2004 (1) SCR 870.
145 W.P. (P.I.L.) 112/2017 (Uttarakhand High Court, 10/08/2018).
protected. It's possible that the term "calves and other milch and draught cattle" has also been
used to describe a species instead of a specific age based on the same vocabulary.

Therefore, regardless of whether animals belong to that species or not, the descriptors "milk
and draught" only allow the classification or characterization of cattle based on their features.
Cattle are classified according to their intrinsic capacity to execute particular tasks, not
according to their age-related ongoing fitness for those jobs. To distinguish them from other
cattle that are neither milk nor draught, these animals are referred to as "milk and draught
cattle" under Article 48 of the constitution . If this expression is understood in any other way,
it will probably stop making sense. A milch cow goes through periods in its life cycle when it
is milch and periods when it is dry. It is not implied by this that a milch cow that experiences
a brief period of inactivity due to a part of its life cycle is no longer protected by Article 48
and may be executed. Slaughtered animals can get sick or have mishaps that render them
unfit for work, rendering them useless for labor. This would not mean, however, that a
draught cow suffering from a transient disease or injury is no longer a "draught cattle" and is
not entitled to the benefits of Article 48. Since farming and raising animals are matters of
state, it is the duty of each state to grow these economic sectors. But in order to progress
these areas, the judiciary has also been essential in interpreting the terms of other Articles of
the constitution , including this one.

xi) Protection and Improvement of Environment

Articles 14 and 21 of the Indian constitution make the Directive Principle of a "pollution-
free environment" a matter of law. This shows that the Indian court understands how
important it is. It is written in Article 48-A of the Indian constitution that the State must
"protect and improve the environment and to safeguards the forests and wild life of the
146
country." The court said in Subhash Kumar v. State of Bihar that neither Article 48-A nor
Article 51-A are legally binding on their own. Instead, they become legally binding through
the ongoing interpretation of Article 21. The SCfurther declared that "every citizen as well as
the State is entitled to protect and enhance the nation's environment and natural resources."
The Michigan Court of Appeals in Mehta v. Union of India, the SCreaffirmed that enjoying
clean air and water is part of exercising one's right to life, as guaranteed by Article 21." In
"Virendra Gaur v. State of Haryana,147" The SCupheld that Article 48-A in Part IV of the
constitution (42nd Amendment) Act, 1976 requires the State to make every effort to

146 AIR 1991 SC 420.

147 (1995) 2 SCC 577.
preserve the improvement of public health is the State's principal duty, as articulated in
Article 48. The Indian constitution , in Article 51-A (g), mandates that all Indian citizens
"have compassion for all living creatures" and work to preserve and enhance the natural
environment, which encompasses lakes, forests, wildlife, and sacred sites. The term
"environment" encompasses a wide range of concepts, including ecological balance and a
clean atmosphere. As a result, everyone has a responsibility to preserve environmental
hygiene—not just the state.

In this regard, the State has a particular obligation to abdicate its open, unchecked sovereign
power and to enact rules that safeguard the environment's ecological balance and hygienic
conditions. The right to life is protected by Article 21 of the constitution and is regarded as a
fundamental right. In order to achieve and enjoy life, including the realisation of their right to
a dignified life, it is required to preserve the environment, maintain an ecological balance free
from air and water pollution, and ensure hygienic conditions—all necessities for life. Article
21 should be broken by any actions or infractions that cause the environment, ecology, air,
water, or other resources to become contaminated.

Thus, maintaining a clean and healthy environment is essential to having a healthy life, and it
can be difficult to live in a dignified manner without one. These days, protecting the
environment is crucial to ensuring human survival. Encouraging environmental conservation
entails protecting the environment in its entirety, which includes both natural and man-made
environments. Therefore, the constitution requires the State Government and the
municipalities to set up appropriate policies for the advancement, preservation, and
enhancement of the built and natural environments. Lately in M.C. The Hon'ble Court
restated the claim made in the aforementioned case in Mehta v. Union of India"148 "Article
48-A of the constitution mandates that the State shall seek to maintain and promote the
environment and to safeguard the forests and wildlife of the country."

One of the primary responsibilities outlined in Article 51-A (g) is to safeguard and enhance
the natural environment, which includes lakes, forests, wetlands, and wildlife, as well as to
show compassion for all living things. When looking at these two articles, Article 21 of the
constitution must be taken into account. This article says that no one can be deprived of
their life or personal rights unless it is done in a way that is legal. As per Article 21 of the
constitution , it is harmful to life to mess with the three things that make up the basic

148 AIR 2000 SC 1997.

environment: land, water, and air. "Whenever an ecology-related matter is brought before the
court, the court must keep in mind Article 48-A of the constitution , DPSP, which mandate
that the State work to preserve and improve the environment and to protect the nation's
forests and wild life, and Article 51-A (g), which declares that it is every Indian citizen's
fundamental duty "to protect and improve the natural environment including forests, lakes,
rivers, and wild-life and to have compassion for living creatures." This was the ruling of the
SCin the case of Sachidanand Pandey v. State of West Bengal.149 The court does not back
down from its stance that priorities are matters of policy and should be left in the hands of
those who formulate policy when it comes to preserving the directive principle and
fundamental responsibility.

Assessing whether significant problems are taken into account and unnecessary details are
eliminated is the absolute least the court can do. The Court may go further when it is
appropriate, but the specifics of each case must determine how far the Court goes. The Court
may always provide the required guidance. The SCruled in T.N. Godavarman Thirumulpad
v. Union of India150 holds that the constitution 's Articles 48-A and 51-A (g) together create
the framework for laws pertaining to environmental preservation. The judiciary believes that
the State's obligation "to protect and improve the environment" is essential in relation to
Articles 48-A, 51-A (g), and 21 of the constitution . This is because of prior legal decisions
that have established that both the people and the State have an essential obligation to
preserve the environment—which includes forests, lakes, rivers, and wildlife—and to treat all
living things with kindness. The judiciary has the authority to instruct the State on how to
carry out its obligations.

xii) Protection of Monument

In the case of M.C., the SCmade a decision because of worries about pollution in the area.
Article 49 says that the State must protect "any monument, place, or object of artistic or
historic interest, declared by or under a law of Parliament to be of national importance from
spoliation, disfigurement, destruction, removal, disposal, or export, as the case may be." This
means that the Taj Mahal should be kept as a historically important site.

149 AIR 1987 SC 1980

150 (2002) 10 SCC 606.
xiii) Separation of Judiciary from Executive
The State is required under Art. 50 of the constitution to uphold the division of the judicial
and executive branches so that each can carry out its mandate independently of the other. In
Ravichandran Iyer v. Justice A.M. Bhattacharjee, the SCruled that "the Judiciary must be free
not only from executive pressure but also from any other pressure," demonstrating how the
framers of the constitution intended to protect the judiciary from all forms of interference
and control. The Honourable SCheld in the case of High Court of Judicature at Bombay v.
Shirish Kumar Rangarao Patil that "the concept of 'judicial independence' is wider concept
which implies independence from any pressure or prejudice and fearlessness from any power
of centre." The Court also noted in the 1993 case of UOIv. Sankalchand Himatlal Seth151
that Article 50 reflects the social philosophy of the constitution and serves as its
"conscience." The Indian constitution really recognises the idea of equality between the
three branches of government in India: the legislative, executive, and judicial. The
SCaffirmed that "the independence of the judiciary is a basic feature of the constitution " in
one of its seminal decisions, SCAdvocate on Record Association v. UOI.152

Since it interferes with the state's judicial authority, any state executive order or legislative
act that modifies the adjudication or decision-making process by any tribunal or court would
be beyond the bounds of the constitution . Article 50 provides clarification on the deeply
ingrained notion of judicial independence in our constitution .

xiv) Promotion of International Peace

The executive power of the Government of India to enter into International Treaties does not
mean that International Law, ipso facto, is enforceable upon ratification," the SCruled in the
case of "Jolly George Varghese v. Bank of Cochin"153 . The Court also observed that
"international treaties do not automatically form part of international law, unless incorporated
into the legal system by a legislation made by the Parliament." The National Court will only
recognise international law where it does not conflict with domestic law, as the Honourable
Court stated in Gramophone Company of India Ltd. v. Birendra Bahadur Pandey 154. This is
because the Indian constitution upholds the "dualistic doctrine" with regard to international
law. National law will prevail if a dispute cannot be avoided, but "the national court cannot
say 'yes' if Parliament says no with respect to any principle of international law."
151 AIR 1977 SC 2328.
152 AIR 1994 SC 268.
153 AIR 1980 SC 470.
154 AIR 1984 SC 667.
The SCstated in Vishaka v. State of Rajasthan,155 supra, that "it is now an accepted rule of
judicial construction that regard must have to international convention and norms for
construing domestic law when there is no inconsistency between them and there is a void in
the domestic law." The provisions of international agreements and norms must be carefully
taken into account while interpreting the constitution 's implicit protections against sexual
harassment as well as the guarantees of gender equality, the right to labour with human
dignity, and Articles 14, 15, 19(1)(g), and 21. In the lack of domestic legislation in the field,
these conventions and norms are necessary to build effective measures to stop the evil of
sexual harassment of working women at all places of employment.

As long as any international treaty respects the spirit of the basic rights and does not clash
with them, these provisions will be interpreted to further the goals of the constitution al
guarantees and to expand their meaning and content. If there is a conflict between municipal
and international law, international law will be enforced in the absence of local legislation.
This is implied by Article 51(C) and Article 253, when read in conjunction with the
constitution 's Seventh Schedule entry 14 of the Union List, which grants Parliament the
power to enact legislation implementing international treaties and standards. Despite the fact
that the DPSP principles are nonjusticiable and nonenforceable, it is clear from the
description above that the Indian judiciary periodically applies them through various opinions
in order to achieve the "socio-economic objective" as stated in the constitution . 156

4.3 CHANGING DIMENSIONS OF THE DPSP

The statement that Mahendra Pt. The framers of the constitution believed that people
should and ought to have these rights, and they did not express any misgivings about it. Their
only question was whether the courts were the appropriate forum to implement them, as
Singh's article 103 notes, "...doubts regarding the possibility of people having positive or
social rights existed, which still persist today, in the discourse of rights prior to and around
the time of the constitution ." As such, they identify some of them as DPSP that are
unenforceable and the rest as rights that are enforceable under basic law. The founders of the
constitution never intended for their unenforceability to be interpreted as a reflection of their
superiority over enforceable rights. Despite early opposition, the Equal Status of the DPSP
and the Fundamental Rights has been established in Indian constitution al Law. It's probable

155 AIR 1997 SC 3011.

156 M.P. Singh, The Static and the Dynamic of the Fundamental Rights and the DPSP, 5 SCCases 5, 7 (2003).
that the inability of the latter to be upheld in court is the reason they aren't accorded the same
weight as the former. Therefore, either by judicial interpretation or by referring to the
Fundamental Rights chapter, the DPSP that need to be addressed right away or that a person
with the means to do so can bring up in court are being added to the current set of
Fundamental Rights. These illustrations demonstrate how human rights can be equally
protected by the Fundamental Rights and the DPSP. Actually, Prof. Singh's evaluation is
accurate. The State is subject to "positive duty" under the DPSP. This type of operation
requires a lot of resources, such as manpower, cash, and supplies.

For this reason, it is likely unlikely that the framers of the constitution intended for the
DPSP to be maintained in court. DPSP were nevertheless viewed as less important than
Fundamental Rights despite their "non-enforceable" nature. The judiciary adopted a similar
stance about the DPSP's standing with regard to Fundamental Rights, which negatively
impacted the organization's principles as they were seen as endorsing the latter. This
inflexible viewpoint on the judiciary was not valued, and as a result, it could not be
implemented. The judiciary's perspective on the DPSP was significantly altered after the
"Dorairajan's Case," suggesting that the judiciary was also persuaded by this point of view.

Seeta Ram Reddy suggested, "It may not be forgotten that the canon of construction must be
purposive and not pedantic while expanding the constitution , in particular the principle
enshrined in Part IV." It started to recognise how important these ideas were in creating the
"socio-economic structure" of the community and resolved disputes about the extent and
boundaries of fundamental rights in accordance with the DPSP. Present-day courts maintain
that the DPSP and the Fundamental Rights are "supplementary and complimentary" to one
another, meaning that each must be taken into account while interpreting the other. 157

The people who wrote the Indian constitution included the DPSP to try to ease the long-term
suffering of the Indian people. These principles can't be enforced or tried in court because the
country doesn't have sufficient economic resources . However, since India became
independent, the federal and state governments have worked hard to carry out the DPSP. The
DPSP uses the Hon'ble SCas a way of achieving its goals.

157 A.S. Reddy, DPSP: A new Approach, 94, 96 in Directive Principle Jurisprudence (Paras Diwan, 1st ed.,
1982).
 CHAPTER- V
CONCLUSION AND SUGGESTIONS
5.1 CONCLUSION

It was believed that India would one day have a flourishing tree of genuine liberty, which is
why the DPSP were included in our constitution , according to Granville Austin. 158 The
State has a positive responsibility to safeguard individual rights from societal encroachment,
in addition to complying with the constitution 's negative injunctions not to infringe on
particular liberties of the people. He goes on to say that the Constituent Assembly members
made it the responsibility of future Indian governments to strike a balance between individual
liberty and the public good by establishing these positive obligations of the state, and that the
DPSP seek to make the Indian masses free in the real sense. The constitution establishes
liberty, justice, equality, and fraternity as the highest ideals that must be upheld to bring about
a political, economic, and social democracy that is fair to everyone 159. "Nevertheless
fundamental in the governance of the country and it shall be the duty of the state to apply
these principles in making laws"—the phrase that describes the DPSP, even though they
160
cannot be challenged in court. In the pursuit of establishing a society characterised by
equality, the founding fathers of India expressed dissatisfaction with the pursuit of political
justice alone. Their objective was to integrate political integrity with economic and social
equity. The evolution of these Principles has a lengthy historical background. The majority of
modern researchers attribute them to the Indian independence movement.. The Preamble of
the Indian constitution promises "socio-economic justice" to all its citizens the constitution
maker added Part III and Part IV to fulfil this socio-economics promise. In 1946, the
Constituent Assembly was formed to fulfil the commitments and promises of the pre-
independence period. The Assembly adopted the "Objective Resolution" for the well-being of
all citizens by enumerating socio-economic rights. The Assembly separated the Fundamental
Rights as justiciable and the DPSP as non-justiciable rights due to the dependence of socio-
economic rights on the country's resources. However, to retain the significance of these
principles, they were made "fundamental in the governance of the country" and the State was
obligated to apply these principles in making laws. The State has a strong and positive
responsibility to prioritise the well-being of its inhabitants and the state cannot move away
from its promises. Pledges and promises of the constitution of India are to be represented by
the DPSP. In the seven decades of independence, to achieve “social economic justice” and
158 Granville Austin, The Indian constitution : Cornerstone of a Nation, p. 50 (Oxford: Clarendon Press,
1966).

159 Ibid

160 Article 37 of the constitution of India, 1950

“to promote the welfare of citizens of India”, an important role is played by DPSP. The
“Five Year Plans” have been proved to be the main tool to secure “socio- economic justice”.
The main achievement of the “Five Year Plans” is that now, India is competent to fight
against the evil of illiteracy, starvation and any disease. 161 After analysing all the measures,
plans and programmes initiated for the social welfare by the Government of India, it can be
said that generous advancement has been made to improve the condition of a lay man. India
has successfully raised the standard of living of its citizens through the availability of new
opportunities, decreasing the inequalities in income and special attention is given to the
upliftment of the lower class of the society.

Although a lot has been done, a lot still needs to be done. For this we need that the
Government’s plans, policies and programmes should be implemented more effectively so
that the poorest person of India is proficient to join the mainstream economic activity.

India has made significant strides in aligning its policies and initiatives with the principles
outlined in the DPSP(DPSP) of the Indian constitution . From ensuring adequate means of
livelihood and protecting the rights of children to promoting education, women's welfare,
environmental conservation, and international cooperation, the government has demonstrated
its commitment to building a just, humane, and equitable society. These efforts not only
contribute to the overall development and well-being of the citizens but also uphold the core
values of democracy, social justice, and sustainability. Moving forward, continued focus on
implementing these principles will be essential for fostering inclusive growth, reducing
disparities, and advancing the collective welfare of all segments of society in India.

The DPSP is the most significant and innovative part of the Indian constitution . These
principles are based on rights, obligations, and duties, with the term "endeavour" indicating
the commanding nature of these principles, while "primary duty" indicates the binding duty
of the State. The DPSP is considered more important than the Fundamental Rights, as they
are fundamental to the individual and their governance. For eg; you have nothing to do with
rights and liberty until and unless you have the governance power to govern yourself. The
objectives of DPSP were brought before the constituent assembly before the inclusion of the
concept of Fundamental rights. The DPSP represents the aims of an egalitarian social order

161 Ramachandran, Food & Nutrition Security: Challenges in the New Millennium, 138 Indian
Journal of Medical Research 370, 373 (2013
required by the State to achieve. The justiciable nature of the Fundamental Rights and the
non-justiciable nature of the DPSP have caused conflict between the SCof India and
Parliament. However, both parts of the constitution have flourished as a common demand,
products of national and social revolutions, and the character of Indian politics. The founding
father treated both of them as “complementary and supplementary to each other”. According
to them there is no antithesis aimed the two.

The DPSP plays an important role in achieving social and economic justice and promoting
the welfare of citizens in India over the seven decades of independence. The Five Year Plans
have been instrumental in securing socio-economic justice, with India now capable of
fighting against illiteracy, starvation, and diseases.

India has successfully raised the standard of living for its citizens through new opportunities,
decreasing income inequalities, and focusing on the upliftment of the lower class. The
judiciary has made remarkable contributions to achieving social and economic justice in the
DPSP, interpreting the law, and settling disputes among parties. It also acts as a guardian of
the Indian constitution by protecting Fundamental Rights and interpreting the DPSP when
necessary for the welfare of the people.

The perception of social and economic justice in India today is largely due to the efforts of
the Indian Judiciary in upholding constitution al aims. The SChas played a crucial role in
assisting the poor, weaker sections, and needy people in living with dignity.

The State has not made significant progress in achieving objectives such as full employment,
public assistance during old age, and prohibition on intoxication drugs. Despite passing
agrarian laws to create employment opportunities, these measures are insufficient and should
be improved to address the increasing population. The lack of political will also contribute to
ineffective implementation of policies. Despite various laws and regulations to address
poverty, beggars and child labor continue to increase. Various constitution al provisions,
programs, and plans are not adequate to address the issues of the downtrodden citizens of
Indian society. Ineffective administration and machinery result in the benefit of these policies
not being received by those truly needing them, and the well-established mass of society
benefiting from these policies with the cooperation of administrators. Proper implementation
of these principles is needed to fully benefit from the ideals enshrined in them.
5.2. SUGGESTIONS

The DPSP, regarded as the "Rajdharm" of the Ancient Indian Polity, serve as a guiding
principle for the Government to construct a "welfare State" by Indian constitution al
doctrine.

The suggestions offered below are:-

1. The expeditious enactment of a "Uniform Civil Code" by the parliament is

imperative, as it aligns with the socio-economic principles delineated in the
constitution . In order to enhance public knowledge on its advantages, it is advisable
to arrange legal aid camps, disseminate complimentary literature, and promote the
favourable consequences of SCrulings such as "Shah Bano's Case" through radio and
television broadcasts. This measure will guarantee the continued efficacy of the
current personal laws in India.
2. It is recommended that the government systematically enforce the principles of "equal
pay for equal work" throughout all departments at both the Centre and State levels. In
the event of a department's non-compliance, the department leader shall bear personal
responsibility. The implementation of the same provision in the private sectors should
likewise be pursued by the government. This is crucial to guarantee equitable
compensation for comparable labor.
3. The Indian Government has initiated a range of scholarships and initiatives aimed at
enhancing educational opportunities for socioeconomically disadvantaged segments
of the population. Nevertheless, these groups have a deficiency in consciousness. In
order to tackle this issue, it is imperative to disseminate widespread knowledge
through the implementation of camps and programs, emphasizing the significance of
education and the accessibility of scholarships for students. In order to mitigate
parental reluctance in sending their children to schools, it is imperative to provide
parents with comprehensive information regarding mid-day meals, complimentary
uniforms, and books. The provision of skill-based training to students is vital in order
to facilitate their post-graduation earning potential and contribute to the mitigation of
unemployment. This will aid in mitigating the economic strain on these
demographics.
4. The idea proposes that if the circumstances of individuals who benefit from the
reservation policy improve, they should be denied preferential status under the
 constitution al clause. This measure would guarantee equitable distribution of the
reservation policy's advantages across all segments of the socioeconomically
disadvantaged population, rather than exclusively benefiting the highest echelons. The
plan additionally advocates for a periodic reassessment of these regulations at five-
year intervals.
5. It is strongly recommended that professional colleges refrain from modifying the
minimum qualifying marks when granting preferential treatment to students from
reserved classes. This phenomenon leads to a decline in academic standards and has a
negative impact on student efficiency.
6. The successful implementation of the "prohibition of intoxicating drinks and drugs"
can be achieved by the effective dissemination of information to susceptible youth via
mass media platforms. Prompt measures should be implemented to identify, treat, and
rehabilitate those struggling with drug addiction. In regions where alcohol and drug
usage is seen as a social culture, it is advisable to implement preventive measures
such as education, moderation, and temperance. Prohibition of alcohol in restaurants
and hotels, as well as limitations on the consumption of liquor and drugs in films and
television programs, is necessary. Regularly scheduled awareness camps should be
conducted in schools and universities to teach students about the repercussions of
consuming intoxicating beverages and substances.
7. The successful implementation of environmental law can be achieved through the
provision of complimentary legal assistance to those who bring environmental
protection issues to the attention of the court. Social media serves as a medium for
disseminating information and promoting awareness, particularly among the younger
generation. In regions lacking internet connectivity, it is possible to arrange camps
and mass media platforms. Tree planting should be prioritized in industrial regions to
mitigate the release of harmful gasses and pollutants. State governments have the
capacity to arrange yearly allocation of prizes to industries who implement strategies
aimed at safeguarding the environment and mitigating pollution. This will incentivize
industrialists to foster environmental conservation and actively contribute to the
promotion of a cleaner environment. This initiative aims to enhance public
consciousness and foster the preservation of the environment in India.
8. In a country such as India, where challenges such as poverty, illiteracy, and
underdevelopment are prevalent, the promotion of legal literacy and the cultivation of
legal awareness have greater importance than the provision of legal aid. This is crucial
 in order to ensure that Indian citizens possess a comprehensive understanding of their
legal rights and responsibilities. Hence, it is imperative to incorporate legal aid as a
mandatory subject in high schools, colleges, and universities. In remote locations, it is
possible to implement a legal awareness program in the local and regional language.
The realization of the constitution al provision of Article 39 A can only be achieved
if individuals acquire knowledge of their legal rights and obligations.
9. Efforts might be undertaken to actualize the notion pertaining to the "Village
Panchayats" as outlined in Article 40 of the Indian constitution . Though the female
representatives represent officially on paper, in the real world they are not allowed to
look into the matters male representatives are always present on behalf of the to look
into the matters. Therefore to tackle it, it is necessary to make sure the female
representation off papers also. Despite the inclusion of the "Eleventh Schedule of the
constitution of India," the "Village Panchayats" are often regarded as subordinate
entities under the control of the Government and administration, leading to a lack of
accessibility for villagers to pay their dues. The "Village Panchayats" should be
granted the autonomy to develop the village and improve the character of the
residents.
10. Since gaining independence, the government has been diligently striving to enhance
the health conditions of its population. However, the expansion of medical colleges
has not resulted in any significant improvement in rural care. A significant proportion
of medical graduates express a lack of interest in practising in rural regions. In order
to tackle this issue, graduation degrees should incorporate provisions that require
doctors and paramedical staff to dedicate set amounts of time to serving in rural areas,
along with supplementary incentives for willing rural medical workers.
11. One of the primary factors contributing to the failure to execute the DPSP is the
persistent rise in population rates, which hinders the equitable distribution of benefits
from Government Policies to all those in need within society. If the population growth
rate is not well managed, it becomes unfeasible to achieve socio-economic progress.
Hence, to ensure population control, it is imperative to rejuvenate the notion of
"Family Planning" and incorporate it as a component of the DPSP.
12. Legislative awareness alone is insufficient to guarantee the effective execution of
several enactments about DPSP. It is recommended that additional endeavours be
undertaken to enhance the political and social awareness among individuals to
effectively execute the DPSP. If the authorities face social and political pressure to
 implement these principles, the legal enactment can be executed without any instances
of corruption. The selection of unemployed youth can be undertaken with the
objective of contributing to the betterment of the nation.
13. The current imperative lies in the cultivation of self-control among individuals and
their commitment to upholding the principles stated in the constitution of India. The
present moment necessitates a transition in focus from rights to duties. Individuals
must maintain a sense of duty throughout their lives. The inclusion of Article 51A,
which addresses the "Fundamental Duties" of the Indian populace, represents an
initial stride towards achieving this objective. When citizens develop a sense of
responsibility consciousness, the State can assume a more proactive role in effectively
implementing DPSP to provide socio-economic justice for the millions of
impoverished individuals in India.
The intersection between law and justice necessitates a significant transformation. The
Preamble to the constitution and the DPSP have contributed to the gradual establishment of
the "new orientation of judicial and social justice" in our country, reflecting the changing
circumstances. The law must adapt to evolving social norms and notions. In order for the law
to effectively serve the societal demands, it is imperative that it remains aligned with the
evolving dynamics of society and the desires and aspirations of its people.

BIBLIOGRAPHY

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DEBATE

1. Constituent Assembly Debates, Vols. I- IX, Govt. of India Press, New Delhi.

FIVE YEAR PLANS

1. First Five Year Plan (1951-56)

2. Second Five Year Plan (1956-61)

3. Third Five Year Plan (1961-66)

4. Fourth Five Year Plan (1869-74)

5. Fifth Five Year Plan (1974-78)

6. Sixth Five Year Plan (1980-05)

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8. Eighth Five Year Plan (1992-97)

9. Ninth Five Year Plan (1997-2002)

10. Tenth Five Year Plan (2002- 2007)

11. Eleventh Five Year Plan (2007-2012)

12. Twelfth Five Year Plan (2012-2017)

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8. The constitution of India, 1950.

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1. Balwant Rai Mehta Committee Report, 1958.

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