Enquire Now

Directive Principles of State Policy

About 

  • Directive Principles of State Policy (DPSP) are the guidelines and the principles laid down in Part IV (Articles 36–51) of the Constitution of India, they act as a framework for governments when formulating policies and enacting laws, aiming to establish a socio-economic equality and a welfare state.
  • They have been borrowed from the Irish Constitution. 
  • The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution.
  • Dr. B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution.
  • Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’.

Characteristics

  •  Non-Justiciable: Unlike Fundamental Rights, DPSPs are not legally enforceable by courts if the government fails to implement them.
  •  Fundamental to Governance: Article 37 explicitly states that these principles are fundamental in the governance of the country, and it is the duty of the State to apply them in making laws.
  •  Goal: To secure social, economic, and political justice, eliminating inequality in income, status, and opportunities.

Types of DPSP 

  • Art 36: Definition of States
  • Art 37: Application of the principles contained in this part

Although the Constitution does not explicitly group them, DPSPs are broadly categorized based on their ideological intent:

1.Socialistic Principles:

 Aimed at establishing a socialistic state to secure economic equality and public welfare.

  • Art. 38: Promote public welfare.
  • Art. 39: Equal pay for equal work.
  • Art. 39A: Free legal aid to the needy.
  • Art. 41: Right to work and education.
  • Art. 42: Provision for just and humane conditions of work and maternity relief.
  • Art. 43: Secure a living wage, a decent standard of life, and social and cultural opportunities for all workers.
  • Art. 43A: Participation of workers in the management of industries.
  • Art. 47: Raise the level of nutrition and standard of living of people and improve public health.

2.Gandhian Principles: 

Based on Mahatma Gandhi’s vision for rural development and grassroots governance.

  • Art. 40: Organize Village Panchayats and endow them with powers as units of self-government.
  • Art. 43: Promote cottage industries on an individual or co-operative basis in rural areas.
  • Art. 43B: Promote voluntary formation, autonomous functioning, and professional management of co-operative societies.
  • Art. 46: Promote the educational and economic interests of SCs, STs, and other weaker sections, protecting them from social injustice and exploitation.
  • Art. 47: Prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
  • Art. 48: Prohibit the slaughter of cows, calves, and other milch and draught cattle, and improve their breeds.

3.Liberal–Intellectual Principles: 

Focus on modern governance, environmental protection, and judicial independence.

  • Art. 44: Secure a Uniform Civil Code (UCC) for all citizens throughout the territory of India.
  • Art. 45: Provide early childhood care and education for all children until they complete the age of 6 years 
  • Art. 48: Organize agriculture and animal husbandry on modern and scientific lines.
  • Art. 48A: Protect and improve the environment and safeguard forests and wildlife.
  • Art. 49: Protect monuments, places, and objects of artistic or historic interest declared to be of national importance.
  • Art. 50: Separate the Judiciary from the Executive in the public services of the State.
  • Art. 51: Promote international peace and security, maintain just relations between nations, and foster respect for international law and arbitration.

Articles added through Amendments

  • The 42nd Amendment, 1976 added article 39,39A,43A,48A
  • The 44th Amendment added article 38
  • The 86th Amendment Act of 2002 changed the subject-matter of Article 45
  • The 97th Amendment Act of 2011 added 43B.
Apart from the Directives included in Part IV, there are some other Directives contained in other Parts of the ConstitutionArticle 335 in Part XVI:Claims of SCs and STs to ServicesArticle 350-A in Part XVII:Instruction in mother tongueArticle 351 in Part XVII:Development of the Hindi Language

The Fundamental Rights enjoy supremacy over the Directive Principles. Yet, this does not mean that the Directive Principles cannot be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.