Introduction
The Directive Principles of State Policy (DPSP) are a set of guidelines mentioned in Part IV of the Indian Constitution. They aim to establish a just society by directing the government to ensure social and economic welfare. Though they are not legally enforceable, they form the moral foundation of governance in India. This answer explores whether the provisions in the DPSPs are adequate in addressing human rights concerns in India.
Understanding DPSPs and Human Rights
Human Rights include civil, political, social, economic, and cultural rights. DPSPs, though not enforceable like Fundamental Rights, aim to ensure these rights are protected and promoted by the state through policies and laws.
Provisions in DPSPs Related to Human Rights
- Article 38: Promotes social order based on justice—economic, political, and social.
- Article 39: Ensures equal pay for equal work, protection of children and workers.
- Article 41: Right to work, education, and public assistance in case of unemployment, old age, etc.
- Article 42: Humane conditions of work and maternity relief.
- Article 46: Promotes educational and economic interests of SCs, STs, and weaker sections.
- Article 47: Duty of the State to raise the level of nutrition and public health.
Arguments in Favour of Adequacy
- Comprehensive Coverage: DPSPs cover a wide range of human rights like education, health, work, and justice.
- Guiding Principles: Though not enforceable, they influence government policies and laws (e.g., Right to Education Act).
- Socio-Economic Focus: Emphasize economic and social rights that are often neglected in civil and political rights frameworks.
Limitations and Gaps
- Non-Justiciable: DPSPs are not enforceable by courts, making them weak tools for citizens seeking rights protection.
- Implementation Depends on Political Will: Governments may ignore them due to lack of legal pressure.
- Slow Progress: Despite good intentions, progress in fulfilling these principles has been uneven and slow.
- Inadequate Protection for Civil Liberties: DPSPs do not fully address rights like freedom of expression, association, or privacy.
Examples of DPSP-Based Legislation
- Right to Education Act, 2009 – Linked to Article 45 (early childhood care and education).
- MGNREGA, 2005 – Ensures right to work as per Article 41.
- National Food Security Act, 2013 – Related to Article 47 (nutrition and public health).
Conclusion
While the Directive Principles provide a strong foundation for realizing human rights, their non-enforceable nature limits their effectiveness. To fully ensure human rights in India, there must be greater commitment to converting these principles into actionable, legally binding rights. Strengthening the connection between DPSPs and enforceable rights is essential for a more inclusive and just society.