Is it time to drop Directive Principles from Constitution?
The Indian Constitution turned 65 this year and by any estimate, these many years are enough to review it, or at least a part of it. Part IV of the Constitution deals with Directive Principles of State Policy (DPSP) and is discussed from Articles 36 to 51. Article 37 says, “The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.”
But most of the provisions dealt with under DPSP have mere ornamental value. There has been no headway in implementing these provisions. It is time DPSP was scrapped from Constitution. The DPSP has clearly failed in its objective, be it Article 38 which states that “…the State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations”, or Article 39 according to which “the citizens, men and women equally, have the right to an adequate means of livelihood”, or even Article 43 as per which “the State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities…”
Instead of promoting or working towards achieving the objective, some provisions are being flouted with impunity. The State is promoting just the opposite of what has been enshrined in DPSP. There are at least three more provisions which go to prove that it is time DPSP should be dropped from our Constitution.
1. Uniform civil code
Article 44 states that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
On October 12, Supreme Court rightly observed that there was “total confusion” due to personal laws governing different religious practices. It has asked whether it is willing to implement Uniform Civil Code in the country. It has sought a reply within three weeks.
So far, Uniform Civil Code, aimed at applying the same yardsticks for all religions in matters of law pertaining to marriage, divorce, inheritance, adoption and maintenance, has evaded the country. It has acquired a political and religious dimension with the BJP and fringe Hindu organisations like the Vishwa Hindu Parishad supporting it. The BJP has always included Uniform Civil Code, along with building of Ram temple in Ayodhya and abrogation of Article 370 of Constitution dealing with special status to Kashmir in its election manifesto.
On the other hand, the minorities, particularly Muslims, and the Left-liberals have vehemently opposed its implementation. Under unprecedented opposition from them, Parliament reversed a ruling of Supreme Court in Shah Bano case. Any move from the government to implement it will always encounter countrywide outrage. Hence, retaining this provision in Constitution is making a mockery of the most sacred book of the country.
2. Prohibition
Article 47 states that it is the “the State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health”.
Of the 29 states, only four - Gujarat, Manipur, Mizoram and Nagaland - and the Union territory of Lakshadweep follow a prohibition policy, while Kerala is moving in that direction. The provision is influenced by Mahatma Gandhi’s principle.
In any case, even though prohibition at least in the BJP-ruled Gujarat is a sham. Liquor is freely available to those who want to have it. Bootleggers are available throughout the state to slip bottles in your car or even deliver them to your home for free. Truckloads of liquor crates enter from neighbouring Maharashtra and Rajasthan after the palms of road transport, excise, police and other government officials are greased. Hence, this prohibition too has lost its purpose and there is no remote chances either of it being implemented in toto at pan-India level.
Would not it be more judicious to do away with prohibition if the government is promoting liquor consumption instead of adopting the Gandhian value?
3. Cow slaughter
Article 48 says: “The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.”
This provision too is influenced by Gandhian principle. Respecting Gandhi and forming Article 48 as their basis, an overwhelming 25 of the 29 states have banned cow slaughter. Only Kerala, West Bengal and two Northeastern states - Nagaland and Meghalaya – do not have any law banning cow slaughter.
Despite the legal sanctity and the religious sentiments of the Hindus, incidents of cows slaughter are still taking place and law is being violated with impunity. While the Left-liberal class invokes Gandhi on non-violence and secularism, here they seem to forget the Father of the Nation. For them, “freedom to eat beef” takes precedence over Gandhian teachings and even law.
As the nation has convincingly failed in implementing DPSP, is it not time to scrap it totally?