The Directive Principles of State Policy (DPSP)

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Author: Anish, BALLB (3rd Year), (PUSSGRC, Hoshiarpur) (Panjab University)

The Directive Principles of State Policy (DPSP)

Article 41 of Indian Constitution

INTRODUCTION

The Constitution of India is a mixture of many constitutions because we brought many things into the constitution from many countries. For example, we take Directive Principle of State Policy (DPSP) from the “Irish Constitution.” The Constitution of India contains many articles for the welfare of the citizen, and it is supreme. DPSP tells the state about the duties towards the citizens. The DPSP principles guides the government to do work that ensures social and economic justice and promotes the well-being of all citizens. The Constitution of India reflects a democratic state and the protection of fundamental rights of the citizens. The constitution of India deals with the directive principles of state policy under Articles 36 to 51. It also gives the state the responsibility to enact laws and policies that ensure social justice and economic justice. It is important to note that Article 37 clarifies their importance because they are not enforceable, but they are capable of affecting the purpose of the statute. The courts challenged the integration of Part III (the Fundamental Rights) with Part IV (DPSP) and said that it must be done in a way that does not disturb the balance of the Constitution. The Supreme Court of India confirmed this balance in decisions like “Kesavananda Bharati” and “Minerva Mills.” The articles referred to in this section of Parts III and IV do not exist as simply a legal justice articulation but to establish substantive justice in the form of health, education, equity, and participatory democracy for all people.

Table 1 defines all the Articles related to The Directive Principles of State Policy (DPSP) under the Constitution of India. (The Constitution of India)

Directive Principles of State Policy

Article 36: Definition

Article 37: Application of the principles contained in this Part

Article 38: State to secure a social order for the promotion of welfare of the people

Article 39: Certain principles of policy to be followed by the State

Article 39A: Equal justice and free legal aid

Article 40: Organization of village panchayats

Article 41: Right to work, to education and to public assistance in certain cases

Article 42: Provision for just and humane conditions of work and maternity relief

Article 43: Living wage, etc., for workers

Article 43A: Participation of workers in management of industries

Article 43B: Promotion of co-operative societies

Article 44: Uniform civil code for the citizens

Article 45: Provision for early childhood care and education to children below the age of six years

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

Article 48: Organization of agriculture and animal husbandry

Article 48A: Protection and improvement of environment and safeguarding of forests and wild life

Article 49: Protection of monuments and places and objects of national importance

Article 50: Separation of judiciary from executive

Article 51: Promotion of international peace and security

BACKGROUND

The Directive Principles of State Policy (DPSP) was the result of the struggle for freedom during British colonial rule. The framers of the Indian Constitution state that political democracy could never truly exist without social and economic justice. The Directive Principles of State Policy (DPSP) are dealt with under Part IV of the “Indian Constitution” (Articles 36 to 51). It was brought from the “Irish Constitution” in India. They were adopted as guidelines to make a just and equitable society. As stated above, the principles are based on the philosophy of “constitutional socialism.” The Directive Principles of State Policy were introduced in India to inform the state’s policy-making and legislative roles as much as possible for the betterment of the society. These laws are “non-justiciable” (courts cannot enforce them), but they are functional obligations for the state. The Directive Principles of State Policy were made with objectives like securing a living wage, promoting education and health, protecting the environment, establishing village panchayats, and promoting international peace and cooperation.

CLASSIFICATION

The Directive Principles of State Policy (DPSP), deals under Part IV of the Indian Constitution (Articles 36 to 51) which provide constitutional guidelines to the State. It also gives the State the responsibility to enact laws and policies that ensure social justice and economic justice. The Directive Principles of State Policy can be divided into three classifications.

These classifications are:

Socialist principles includes that principles which deals in equality like equal pay for equal work and labor protection. (Articles 38 to 43A)
Gandhian principles includes that principles which promote the village panchayat and protect the interest and the rights of indigenous people. (Articles 40 to 48)
Liberal principles includes that principles which promote a uniform civil code and promote the international peace. (Articles 44 to 51).

GANDHIAN PRINCIPLE

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

It is a guideline provided under Article 47 of the Indian Constitution to the government and the state. It directs them about their actions and laws. It essentially states the important obligations of the state with respect to the welfare of its citizens. Act as a major guide of the government on “how to maintain good health for its citizens and basic well-being and quality of life.”

RELEVANCE OF ARTICLE 47

Duties of the State: According to this article the state has three primary duties which are as follows

Raising Nutrition Level: This article talks about the duty of the government to provide proper malnourishment, healthy food and focus on the hunger of the citizens. There are many institutions which deals with the hunger in India.

For example: The Public Distribution System (PDS) that provide subsidies on food grains to the low-income groups or government schools providing children with a mid-day meal. These are the initiatives of the State/government towards to ensure adequate food to keep them functioning as a productive citizen of the country.

Standard of living: This is different from the dietary needs of a person which is just one part of life. The quality of life is made up of many factors that also contribute to an informed conscious consumer. “The quality of life means overall development”. By improving some of the factors like Water, sanitation, housing and education etc. A person can improve its quality of life. This article talks about the duty of the government or the state towards common people and creating an environment where people should be able to live comfortably and with dignity.

For example: The governments programs for affordable housing or any government rural electrification or any of the different schemes. They promote to contribute to financial inclusion help contribute to a common good and raise the quality of life available to everyone.

Better Health Facilities: This article talks about the duty of the government to ensure better health facilities to the citizens. So, that the citizen can live healthy life and they have access to good healthcare facilities. It encompasses a variety of public health, programs or initiatives like building hospitals and health clinics; immunizing people; controlling diseases; hygiene promotion; access to medicines; The government’s function here is to create a resilient healthcare system that is accessible and affordable for everyone.

Special Prohibition on some items: There are certain items on which the state put prohibition which are injuries to health under Article 47 of the Indian Constitution:

Intoxicating Drinks (alcohol): This article deals with the alcoholic drinks. The article states that the State should try to prohibit or limit the use of alcohol, except for medicinal purposes. The reasoning behind this is that it has many impacts of your health, alcohol also put impact on the society. When people do heavy consumption of alcohol that leads to problem not only for society but also for the family members and communities. That’s why several Indian states have banned alcohol completely or partially, following government guidelines.
Drugs that are injurious to health: This includes illicit drugs or drugs/substances that are harmful to human beings. The State has a responsibility to control and prohibit the use of drugs, other than used in limited medicinal circumstances in which they may be used under strict medical supervision (such as certain pain medications made from opium). This provides the basis for legislation prohibiting the trafficking and abuse of drugs.

IMPORTANCE OF ARTICLE 47

Health as a Human Right: Everyone deserves to live a healthy life with dignity, and Article 21 of the Constitution give protection to the life and personal liberty. Article 47 talks about the government duty to focus on improving people’s health and nutrition. When people are healthy, they can live more and happily. Schemes like Ayushman Bharat offer free healthcare to help poor families. This government approach guarantees that everyone receives medical care, not just the wealthy, but those who live in poverty as well when they need it. The future responsibility of the government is to ensure that health is regarded as an entitlement or a basic right, not as a posh or exotic experience.
Preventive and Inclusive Governance: The Government should not just treat diseases, but preventing diseases should become their priority. That means educating, and promoting, common behaviors that can kill you. Drinking water should be clean which will help in making people healthy. The government should tell the people about the health and appreciate the importance of hygiene, and provide nutritious food. Campaigns and initiatives such as Swachh Bharat will help teach the importance of cleanliness, POSHAN Abhiyaan will take care of improving nutrition for especially mothers and children. These are all preventive health initiatives that prevent health issues. Article 47 encourages the Government to prevent less fortunate social determinants of health in advance so there can be some assurance that it is fair for everybody; and There should be a fair chance of health and health potential to everyone. Our Goal is for future generations.
Boosting Economic Growth: When people are healthy, they are able to be more productive, earn more money, and help the country grow. If fewer people are sick, families will spend less on medicine and hospitals, and the government can spend less on public health insurance costs. The money saved can be redistributed to schools, roads, and other public interests. Healthy children will learn better, and healthy workers will generate better businesses. Improving public health is good for people, but it is also good economics. Article 47 reminds leaders that health allows the economy to progress.
Advancing Social Justice: Where health systems fail, poor and vulnerable groups are more likely to suffer. They are often in areas where there are no doctors, with no access to clean water, or with no access to proper food. The provisions of article 47 asks the government to consider these inconsistencies and ensure equity in access to health services. Article 47 also discusses regulating harmful substances, like alcohol or drugs, which affect so many families. If families are able to intervene in the lives of individuals suffering from substance use, they then have an opportunity to rebuild their family life. Ultimately, it is about ensuring protection of all families, but more importantly their most vulnerable members.

CASE LAWS RELATED TO ARTICLE 47

In Ratlam Municipal Council v. Vardichand (1980)

Citizens of Ratlam city were living in conditions of poor sanitation, open drains and bad smells and therefore made a complaint under the provisions of Section 133 of the Code of Criminal Procedure. The municipality said that it could not fix the issue because it had no funds. The Supreme Court did not accept the defence of the municipality. Justice V.R. Krishna Iyer said that problem arising from poverty may not suspend effectively the duty to take practical measures which would not create a real danger to public health. It was important that civic authorities perform their statutory duty especially when there is public health risk. The ruling also affirmed the duties of the State pursuant to Article 47 – obligations to raise and promote proper nourishment, standard of living, sanitation etc.

In Vincent Panikur langara v. Union of India (1987)

The petitioner has adopted a public interest litigation in urging the government to ban harmful drugs and enhance quality standards for health care. The Supreme Court emphasized that public health is a constitutional priority in Article 47, and the State is required to proactively make essential medicine accessible to all citizens. The Supreme Court has further emphasized that health is not merely the absence of illness but a complete state of wellbeing. The right to health is absolutely a component of the right to life as defined in Article 21. The Supreme Court’s decision in this case accentuated the recognition of health as a fundamental right and was pivotal in setting the framework for a public health policy.

In State of Punjab v. Ram Lubhaya Bagga (1998)

The Supreme Court found that the State may change its medical reimbursement policy for its employees. The Court reiterated that the expression of ‘the right to health’ is part of the right to life, under Article 21 and that Article 47 recognizes the State’s obligation to promote public health. The Court determined that a change in policy is acceptable if the policy serves a larger public purpose which was not arbitrary. This case confirmed the government’s ability to formulate a health scheme and still fulfill the governments obligations under the Constitution.

In Ugar Sugar Works Ltd. v. Delhi Administration (2001)

In a challenge against a government notice that imposed stricter licensing conditions for the sale of Indian-made foreign liquor in Delhi, the Supreme Court held that the State’s power to regulate alcohol is valid and does not violate a fundamental right to deal with intoxicants. The Court also found that the regulation was in accordance with Article 47 of the Constitution, which encourages the State to take steps to minimize consumption of any intoxicant for public good. The Court viewed the policy as proper and related to health and morality.

In State of Tamil Nadu v. K. Balu (2017)

The Supreme Court directed every state and union territory to cease issuing licenses to liquor stores along national and state highways. The Court relied upon startling facts related to drunk driving, road accidents, and deaths due to motor vehicle accidents. The Court relied upon Article 47, which mandates that The State must take steps to protect public health and discourage the consumption of intoxicating drinks. The ruling hearkened back to a clear reminder to government, that public safety must always trump profit through economic activity.

RELATIONSHIP WITH FUNDAMENTAL RIGHTS

Article 21 (Right to Life): Health is an important factor in order to live a dignified life, and Article 47 makes it clear that the State should take proactive steps to ensure that citizens are afforded at least some minimum levels of nutritional, sanitary, and medical care.
Article 15 (Non-discrimination): Marginalized communities usually experience the worse health outcomes. Article 47 also provides for similar channels for a proactive stance in addressing inequities in relation to lower income communities’ access to health services.
Article 19 (Freedom of Trade): While trade is a right, it cannot be argued that the State is unwarranted in its regulation of intoxicants based on public health and welfare. It is the balance of commerce and welfare.
Article 25 (Freedom of Religion): While prohibition must be balanced with cultural traditions that are entrenched in the lives of its participants, especially in tribal areas, the mantra of public health policy. Article 47, serves as the overarching element in health.

CHALLENGES AND CRITICISM

Economic trade-offs: There are a lot of money generated in alcohol tax to various states including federal government taxes and banning alcohol can impact government budgets and services.
City versus rural participation: Most cities have better hospitals and health recognition, while villages have less access including doctors, limited health information, and limited health services.
Cultural Sensitivities: Some tribal and local communities may have cultural or spiritual connection to alcohol, and the sudden ban of alcohol could cause stress and friction.
Gaps in Regulation: Even if the laws oppose alcohol or drugs, and they create a prohibition; a number of black markets provide the goods without regard to illegal distribution or consumption of alcohol. Laws exist but are not effective, and there are numerous gaps in enforcing those laws due to corruption and a lack of enforcement.

SUGGESTED CHANGES AND WAY FORWARD

- Community-Based Health Programs: Municipalities and village councils should spearhead health initiatives, due to their possession, of the best understanding of what their area needs. They can coordinate the provision of clean drinking water, the construction of pit toilets, and the distribution of food. This establishes social accountability and confidence in community action.
- Substance Regulation: The government should not outlaw alcohol and drugs, instead they should involve the community by educating them on the harms of alcohol and drugs and provide them with support through rehabilitation centers, and allow them to only use alcohol or drugs when absolutely necessary.
- Public-Private Partnerships: The government should be able to co-operate with private hospitals and companies to deliver health care and services. This helps the government reach a lot more citizens faster through the strengths of both systems.
- Legal Literacy and Awareness: Citizens should be educated about their health rights and government scheme use. There are many ways to educate people through Schools, media and community programs about cleanliness, nutrition and maintaining health.

Targeted Nutrition Schemes: Schemes such as POSHAN Abhiyaan, need to reach every area especially in rural and poor populations. These schemes should target food delivery, vitamins and health information for mothers, children and senior citizens to combat malnutrition.

CONCLUSION

The Directive Principles of State Policy (DPSP) and Article 47 outlines the objectives of the Indian State to better the lives of people through health, nutrition and standards of living. In law, the State is not bound to implement the DPSP. However, in principle, they give meaning to laws and policies which are binding; and, provide contexts for developing fair and equitable programs like Ayushman Bharat and POSHAN Abhiyaan. The Indian State understands that focusing on the broader context of public health, minimizing harms, and fair and equitable access to care offers the basis for promoting democracy and social justice. Article 47 is a reminder of the frames of reference to promote better lives and emphasizes the value of public health and a healthier population as an avenue for strengthening the nation, where every person has the opportunity to live with dignity.

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