Directive principle of State Policy

Fabian socialism	Gandhian Evolution Mixed economy Democratic socialism : role of state in socialism

DPSP	are the guidelines or principles given to the federal institutes governing the state of India, to be kept in citation while framing laws and policies
What	Origin Instrument of instruction GOI Act 1935 Irish constitution Socialist and Gandhian philosophy  Sapru committee report 1944 Nature: non-justiciable  non self-executory Fundamental principles essential for functioning of the country Liberalism, socialism, Gandhian Importance for Socio-economic democracy
Relationship with part 3	Champakam Dorai Rajan case: Part 3 shall prevail over 4 Doctrine of Harmonious construction: no inherent conflict between them. They supplement each other. Need to balance both. But at the same time FR will prevail if conflict cannot be resolved. Golaknath case 1967: Part 3 has a transcendental position 25th CA Act 1971: inserted article 31C  39B and 39C > 14, 19 and 31 No need for judicial review Kesavanand Bhariti, 1973 validated first and invalidated 2nd part 42nd amendment: DPSP> FR 44th amendment: repealed article 31 Minerva mill case (1980) invalidated 42nd 39 B and C > 14 and 19. Indian constitution: on the bed rock of both Harmony between the 2 is basic structure Goal set by the DPSP has to be achieved without disturbing the means laid down by the FR Supplementary and Complementary role Conscience of constitution
Importance of DPSP	Fundamental principles essential for the governance of the country Directives from Constitution makers to future governments Socio-economic democracy Instrument of general instruction Help identifying the constitutional validity of the law facilitate stability and continuity in the domestic and foreign policy create a favourable atmosphere for the enjoyment of the FR Accountability on the government Serve as the common political manifesto These are moral and political sanction Supplement and complement to FR
Classification	Gandhian: organization of village panchayat (40) Promotion of cooperative societies (43B) Promotion of Education & economic interest of SC, ST & other weaker section (46) 47: Prohibit consumption of intoxicant 48: Prohibit cow slaughter Liberal principles: 44: UCC 48A: environment, forest and wild life 49: heritage 50: separation of Judiciary and executive 51 : international peace 45: Early childhood care and education 48: Organize animal husbandry: modern scientific lines Socialistic: 38: Justice: Social, economic and political and reduce inequality 39b and c: equal distribution of wealth, prevention of concentration 39 A: Equal justice and free legal aid 41: work, education and public assistance 42: just working condition and maternity relief 43: Living wage 43A: Participation for workers in management of industries
Status	land reforms khadi village industries commission minimum wages Act Hindu marriage Act etc
critique	non-justiciable unsystematic enumeration lack of clarity Some principles are Reactionary  May lead to constitutional conflict president and CoM Judiciary and Parliament C-S

• Invalidated in indira Sawheny case
• 77th ca - a16 (4A) - for sc , st allowed
• Nagraj case , 2006 - validated for sc , st , 3 condition
• Empirical data of x represented
• Empirical data - socially & economic backward
• Not effect effeciency (a335 - same)
• Jarnail singh vs lachmi narain gupta case , 2018
• No need to collect quantifiable data to prove backwardness, other 2 condition same
• Examine possibility of introducing cremay layer

• Not a FR 16 (4), 16 (4A) only enabling provision
• Doesn’t ensure end of discrimination
• Hurt admin efficiency (a335)
• All benefit corned by select few caste
• Already adequate reservation


• Loss of efficiency false notion , not grounded in empirical study
• Skewed SC/ST representation at senior level (only 4 secretary rank in 2017)
• Large no of vacant post at higher level
• Data question doesn't arises

• 103rd CA- 10% EWS for general population
• A15 (6) - special provision for ews , a16(6)
• Income less than 8 lakh
• Agriculture land below 5 acre
• House below 1000 sq feet
• Residential area - 100 yards in municipal area & 200 in non -municipal area
•

• Against equality Norm - BR Ambedkar - reservation of such extend that it violates principle of equality
• No data to prove underrepresentation
• Same upper limit parity between OBC & general
• Broad definition covers almost whole population - logic of arriving at 10 %
• Economic criteria - difficult to implement - fluctuating
• Pandora box for demand - sub categorization
• Shrinking govt job, not fulfill aspiration
• Tool of populism , future demand to increse
• Sinho com - didn’t recommended ews reservation , rec ews in welfare
• M Nagraj case , equality is BS without 50 % it will breach , inadequate representation

• Need for new deprivation assessment criteria (caste & class weakening link )
• Ram singh case , 2015- caste is prominent but need to evolve new yardsticks
• G Rohni com - subcategorization of OBC - subko milega
• Class issue today - dominate political discourse
• WF- inst mech to grant reservation
• Verification to control misuse
• Introduce concept of creamy layer in sc / st
• Need to boost economy & job creation

• AP offers 75 % reservation to local in pvt jobs in factory, JV, industry or PPP, MP also announced similar legis.
• Promote inclusive development - germany model , transparent industrialisation , x corruption , implementation of labour laws,
• Reason- Poll plank, demand in s & e state (CSDS survey), agri distress - stagnant agri & rural wage growth , lack of job - unemployment 6.1 % at highest in ? y, Displacement of landowner - discrimination reason of unemployment of Dalit & Muslim (C for sustainable employment of Azim premji univ)

• May not pass legal scrutiny - A16 no discrimination
• Son of soil movement , x unity of nation , pandora box, concern of industry - unability to find locals, difficulty to attract investment , enforcement issue as with MH & KN govt

• Tackle core issue - job growth , eco growth , industrialization
• Policy uncertianity - Eco survey warn against it
• Promote labour intensive industry - 3F