Directive Principles of State Policy (DPSP) – Relevance to Private Security Industry (PSI)

Introduction

The Directive Principles of State Policy (DPSP) are a profoundly important part of the Indian Constitution but are often understated.

When the framers of our Constitution met to decide the foundation of a free India, they wanted a document which not only organizes the running of the Governments but also reflects the soul of the nation.

These principles are non-justiciable—which means they can’t be enforced by courts. However, they serve as moral and political guidelines for the government.

At the time of laying down Directive Principles of the constitution, the makers of the Constitution were influenced & inspired by following sources:

The Irish Constitution inspired the idea itself.
Gandhian philosophy emphasizing the upliftment of the poor and self-reliance – influenced the makers of the constitution.
Socialist ideas advocating the equitable distribution of resources also had an impact.
Liberal-Intellectual principles also provided inspiration to the makers of the constitution to lay down ideal requirements for equality, fraternity and justice.

Challenges

However, implementing these ideals is not easy. Economic constraints and inadequate finances in the Govt. exchequer, lukewarm political will and non-justiciable position of the Directive principles limit and restrict the adoption of Directive principles. But these are not the reasons to abandon these principles. On the other hand, there are abundant reasons to renew our commitment to the Directive principles.

Classification of Directive Principles of State Policy (DPSP)

These principles can be classified in 3 categories.

Socialist principles

Article 38 strives to promote social honour by ensuring social, economic & political justice. It also aims at eradicating the inequalities in income, status & opportunities.
These are meant to ensure adequate means of livelihood for all citizens and also for distribution of ownership & control of the resources available in the country for the common good of the people at large. This aims to ensure that concentration of wealth does not take place in the hands of the few. It emphasizes the health of the workers & ensures equal pay for equal work.
It also lays down that equal opportunities may be provided to all and no citizen is denied the opportunity due to reasons of economic and social disability.
Right to work & govt. Assistance to be provided in cases of unemployment & relief for old age sickness.
Article 43 lays down assurance of securing living wages to all and Article 43A strives to protect the right of participation of workers in the management of undertakings.

Gandhian Principles

The Gandhian principles are enshrined in the constitution to provide a role to organise village panchayats, promote cottage industries and democratic management of the public sector undertakings and Article 46 promotes the education & economic interests of weaker sections.
According to the Gandhian principle, the state has to strive and ensure to improve public health & prohibit consumption of intoxicants, etc.

Liberal-Intellectual principles

These directive principles emphasize on establishment of uniform civil code, Article 49 lays down protection of every monument, places of artistic origin, places of historical interest, etc. and Article 51 lays down that a state should try in establishing international peace & security.

Non-justiciable

Directive principles are Non-justiciable and cannot be legally enforced, while Fundamental Rights are enforceable in the courts of law.

Following points need to be understood –

Fundamental Rights (FRs) focus on individual freedom, while Directive Principles of State Policy (DPSPs) focus on state duties. For Example: Article 39(b) and (c) favor socialist policies, which may violate the right to private property (Article 300A)

Areas of Conflict

Property Rights vs. Land Reforms: Abolition of the Zamindari system and land reform laws, implemented to promote equality, clashed with the right to property, leading to several constitutional amendments.
Reservation vs. Equality: Often face criticism for allegedly infringing upon the right to equality and meritocracy.

Directive Principles of State Policy and Fundamental Rights together ensure a just and fair society

The directive principles have influenced policy-making & enactment of special laws in consonance with these principles have also been made. In some cases amendments in the prevailing laws have been undertaken keeping in view the Directive principles.

A few examples are given below –

To provide free legal aid and to ensure participation of workers in the management of industries and to minimize inequality in income and facilitate opportunities for the poor, amendments have been issued.
Another amendment introduced in 2011, pertains to the concept of cooperative societies.
Right to Education Act (2009), MGNREGA (2005) aligns with Article 41 (Right to work).
Environmental laws like the Wildlife Protection Act (1972) have been inspired by Directive Principles.
Laws have also been enunciated to provide minimum wages & stipulation of conditions for welfare of the worker under the Minimum Wages Act.

Significance

These directive principles give guidelines to facilitate the Govt. for the smooth functioning of a welfare state.

Though non enforceable by Law, these principles provide important guidelines for promoting social justice in India and lays down the framework for a social welfare policies to be adopted by the Govt.

Challenges in Implementing Directive Principles of State Policy (DPSP)

Lack of legal enforcement makes implementation slow.
Financial constraints limit welfare measures.
Political will varies across governments.
Non-uniform implementation leads to policy gaps.

Should we make the Directive Principles legally enforceable to ensure the implementation of socialistic, gandhian & intellectual principles as provided in the constitution?

Harmonization

It should be realized that instead of making Directive Principles of State Policy fully justiciable, a balanced approach should be adopted to harmonize Directive Principles of State Policy, Fundamental Rights & other legal laws.
Gandhi ji’s focus on rural self-sufficiency and decentralized governance has influenced policies like the National Rural Employment Guarantee Act (NREGA) and various agricultural reforms aimed at empowering rural communities.
Gandhi ji’s advocacy for self-reliance and promoting indigenous industries has influenced economic policies like Make in India initiatives and support for MSMEs (Micro, Small & Medium Enterprises).
Gandhian ideals of upliftment of weaker sections of society have led to laws protecting the rights of women, children, Dalits, and other marginalized groups.
Governments should make some Directive Principles of State Policy mandatory by enacting separate legislations. Some Directive Principles of State Policy, like Education, Health and Equal pay can be made justiciable and legally enforceable.
The Supreme Court in its judgements has emphasized that Fundamental Rights and Directive Principles of State Policy must be read harmoniously to uphold the Constitution’s basic structure. The doctrine of the Harmonious Constitution is important.
The Directive Principles of State Policy (DPSP) have also evolved relevance over the years through judicial interpretation, socio-economic reforms, and legislative initiatives.

Way Forward

Their influence is likely to continue shaping India’s future in meaningful ways for Socio-Economic Reforms, Environmental Sustainability, Protection of Marginalized Sections, Strengthening of Social Justice & providing basic services like healthcare, education, etc.

How to ensure implementation of Directive Principles of State Policy (DPSP)?

Progressive Interpretation: Courts should adopt a dynamic interpretation to align individual rights with broader societal goals.
Legislative Prudence: Parliament should ensure that socio-economic policies inspired by Directive Principles of State Policy do not disproportionately infringe upon Fundamental Rights.
Judicial Review: Courts can use the principle of proportionality to assess whether state actions strike a fair balance between individual freedoms and socio-economic goals.
PILs can be filed to demand policies based on Directive Principles of State Policy (DPSPs).
Awareness and Public Pressure – Media, NGOs, and civil society can push for welfare-oriented policies.

Relevance to Private Security Industry (PSI)

The owners of the private security industry should have the knowledge of Directive Principles of State Policy and try to apply the stipulations of Directive Principles of State Policy in the management of their security groups.

The Directive Principles of State Policy (Article 38) provides for the promotion of Welfare of the People. The private security industry players should keep in view the need of providing good working conditions and fair wages to the private security guards.
The Directive Principles of State Policy (Article 39) emphasizes the good health and adequate strength of workers. The private security owners should ensure that their security staff are not overworked and adequate safety standards are adhered.
It should be ensured that every private agency contributes to the skill development of their employees.
The need for rest breaks and leave benefits should be kept in view.
The Directive Principles of State Policy (Article 43) emphasizes provision of adequate wages, decent Standard of Life to the workers.
The Private security industry should ultimately aim to go even beyond the laid down statutory requirement so as to provide better working & living conditions to their employees in consonance with the Directive Principles of State Policy.

Conclusion

Let us end with the words of “Dr. B.R. Ambedkar”, the principal architect of our Constitution. He said:

“If we wish to maintain democracy not merely in form but also in fact, what must we do? The answer is: we must hold fast to constitutional methods… we must abandon the bloody methods of revolution. We must hold fast to the principles of liberty, equality, and fraternity.”

The Directive Principles are the dream of India, cast in the language of law and hope. Let’s honor them—not just in words and speeches—but in Action.

C Pal Singh