Indian Polity Set 28: DPSP Amendments, Criticisms & Constitutional Conflicts
Test your knowledge of the Directive Principles of State Policy (DPSP) with this comprehensive quiz. Key highlights of this set include:
Key Amendments: Impacts of the 42nd, 44th, 86th, and 97th Constitutional Amendments.
Legal Sanctions: Understanding the non-justiciable nature of DPSPs.
Expert Criticisms: Insights from constitutional scholars on DPSP structural flaws.
Constitutional Conflicts: Landmark Supreme Court verdicts balancing Fundamental Rights and DPSPs.
Detailed Study Material
📌 Quick Summary & Mind Map
New Directive Principles (Amendments)
Explores the recent constitutional amendments that added new directive principles to establish a welfare state.
- 42nd Amendment Act: Added principles for free legal aid, worker participation, and environmental protection.
- 44th Amendment Act: Aimed to minimize inequalities in income, status, and opportunities.
- 86th Amendment Act: Shifted focus of Article 45 to early childhood care and education.
- 97th Amendment Act: Promoted the voluntary formation and democratic control of cooperative societies.
Sanction Behind Directive Principles
Discusses the legal enforceability and political backing of the Directive Principles of State Policy.
- Non-Justiciable: Article 37 makes these principles unenforceable by courts, yet fundamental in governance.
- Political Sanction: The true force behind implementation is public opinion and electoral accountability.
- B.N. Rau's Vision: Suggested splitting rights into justiciable (Fundamental) and non-justiciable (Directive) categories.
Criticism - No Legal Force
Highlights the criticisms from constitutional experts regarding the lack of judicial enforceability.
- K.T. Shah's Critique: Compared directives to a cheque payable only when bank resources permit.
- Dustbin of Sentiments: T.T. Krishnamachari mocked the principles as a dumping ground for idealistic demands.
- Pious Aspirations: Sir Ivor Jennings and others dismissed them as mere moral homilies lacking real teeth.
Criticism - Illogically Arranged
Examines the structural flaws and lack of consistent philosophy in the arrangement of the directives.
- Improper Classification: N. Srinivasan argued they mix vital economic issues with relatively unimportant ones.
- Incongruous Combination: The principles blend modern scientific reason with traditional and religious sentiments.
- No Consistent Philosophy: Sir Ivor Jennings noted the erratic jump between liberal, socialist, and conservative ideals.
Criticism - Conservative Nature
Focuses on the critique that the principles are rooted in outdated Western political philosophies.
- Fabian Socialism: Described as reformist language without true socialist restructuring.
- 19th-Century England: Anchored heavily in the moderate, conservative reformist ideals of the past.
- Danger of Obsolescence: Critics warned these specific directives would become outmoded in the 21st century.
Constitutional Conflict
Analyzes the potential institutional friction and legal clashes caused by the Directive Principles.
- Executive Clash: Conflicts could arise between the President/Prime Minister or Governor/Chief Minister over implementation.
- Centre vs. States: The Centre could weaponize directives to dismiss state governments under Article 365.
- Minerva Mills Verdict: Established the bedrock of balance and harmony between Fundamental Rights and Directive Principles.