The Directive Principles of State Policy (DPSPs), enshrined in Part IV (Articles 36–51) of the Indian Constitution, are guidelines meant to direct the State in law-making and governance. Inspired by the Irish Constitution, they aim to establish a just and equitable society by promoting social, economic, and political justice. Though non-justiciable in nature, they are fundamental to the governance of the country and act as a moral compass for the State. DPSPs reflect the aspirations of the Constitution’s framers to build a welfare state and serve as a bridge between fundamental rights and the goals of the Preamble.
CONCEPT EXPLANATION
Why are they called “directive”?
- They guide the State in making laws and policies.
- They help move India towards becoming a welfare state.
Where are they in the Constitution?
- Part IV of the Constitution (Articles 36 to 51)
- Inspired by the Irish Constitution
Are DPSPs enforceable in court?
- No, they are not justiciable — you cannot approach the court if they are not followed.
- But they act as a moral and political obligation for governments.
Types of Directive Principles of State Policy
The Constitution does not classify DPSPs officially, but for easier understanding, scholars have grouped them into three broad types:
1. Socialist Principles
These aim to create a society based on social and economic equality.
2. Gandhian Principles
These reflect Mahatma Gandhi’s ideals and focus on rural development, self-reliance, and upliftment of the poor.
3. Liberal-Intellectual Principles
These focus on individual rights, international peace, and legal reforms.
ARTICLES FOR THE DPSP
Article 36 – Definition of “State” in Part IV
For the purposes of Part IV (Directive Principles of State Policy), the term “State” carries the same meaning as assigned to it under Article 12 in Part III of the Constitution.
This means that:
- DPSPs apply to the same authorities (i.e., Government of India, Parliament, state governments, legislature, local authorities, and other instrumentalities of the State) as Fundamental Rights do.
- The scope of responsibility under DPSPs is wide and includes all arms and levels of government.
Article 37 – Application of the Directive Principles
- The Directive Principles of State Policy are not enforceable by any court of law.
- However, they are fundamental to the governance of the country.
- It is the duty of the State to apply these principles while making laws and policies.
Article 38 – Promotion of Welfare of the People
(Added through the 44th Amendment Act (AA) of 1978)
Clause (1):
The State shall strive to promote the welfare of the people by securing and protecting a social order based on justice — social, economic, and political — in all spheres of national life.
Clause (2):
The State shall make special efforts to:
- Minimise income inequalities, and
- Eliminate disparities in status, facilities, and opportunities — not just among individuals, but also among groups residing in different regions or engaged in different professions.
Article 39 – Certain Principles of Policy to be Followed by the State
The State shall direct its policy towards securing the following objectives:
- Equal right for men and women to an adequate means of livelihood.
- Material resources of the community should be distributed in a manner that serves the common good.
- The economic system should not lead to the concentration of wealth and means of production to the detriment of society.
- Equal pay for equal work for both men and women.
- Protection of the health and strength of workers, and of children from abuse and from being forced into unsuitable work.
- Children should be given the opportunity to develop in a healthy environment, with freedom and dignity, and must be protected from exploitation and neglect. (42nd AA of 1976)
Article 39A – Equal Justice and Free Legal Aid
(42nd AA of 1976)
The State shall ensure that the legal system promotes justice on the basis of equal opportunity.
To achieve this, the State shall:
- Provide free legal aid through laws, schemes, or other means.
- Ensure that no citizen is denied access to justice due to economic or other disabilities.
Article 40 – Organisation of Village Panchayats
The State shall take steps to:
- Organise village panchayats, and
- Empower them with the necessary powers and authority to enable them to function as units of self-government.
Article 41 – Right to Work, Education, and Public Assistance
The State shall, within the limits of its economic capacity and development, make effective provisions to secure:
- The right to work
- The right to education
- The right to public assistance in cases of:
- Unemployment
- Old age
- Sickness
- Disablement
- And other cases of undeserved want
Article 42 – Just and Humane Conditions of Work and Maternity Relief
The State shall make provision for:
- Ensuring just and humane conditions of work, and
- Providing maternity relief for working women.
Article 43 – Living Wage and Promotion of Cottage Industries
The State shall endeavour to secure, through laws, economic arrangements, or other means, the following for all workers — whether in agriculture, industry, or other sectors:
- Access to work and a living wage
- Decent working conditions
- A standard of life that ensures:
- Full enjoyment of leisure
- Social and cultural opportunities
Additionally, the State shall strive to:
- Promote cottage industries in rural areas, either individually or through cooperative efforts.
Article 43A – Participation of Workers in Management
(42nd AA of 1976)
The State shall take steps, by suitable laws or other means, to:
- Secure the participation of workers in the management of industries.
Article 43B – Promotion of Co-operative Societies
(97th AA of 2011)
The State shall endeavour to:
- Promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies.
Article 44 – Uniform Civil Code for the Citizens
The State shall endeavour to:
- Secure for all citizens a Uniform Civil Code (UCC) throughout the territory of India.
Article 45 – Early Childhood Care and Education
(86th AA of 2002)
The State shall endeavour to:
- Provide early childhood care and education for all children below the age of six years.
Article 46 – Promotion of Educational and Economic Interests of Weaker Sections
The State shall promote:
- The educational and economic interests of the Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of society.
- Protection of these groups from social injustice and all forms of exploitation.
Article 47 – Duty of the State to Raise the Level of Nutrition and Standard of Living and to Improve Public Health
The State shall regard the following as among its primary duties:
- Raising the level of nutrition
- Improving the standard of living
- Improving public health
In particular, the State shall endeavour to:
- Prohibit the consumption (except for medicinal purposes) of intoxicating drinks and drugs which are injurious to health.
Article 48 – Organisation of Agriculture and Animal Husbandry
The State shall endeavour to:
- Modernise agriculture and animal husbandry using scientific methods.
- Take steps for preserving and improving breeds, particularly cattle.
- Prohibit the slaughter of cows, calves, and other milch and draught cattle.
Article 48A – Protection and Improvement of Environment and Safeguarding of Forests and Wildlife
The State shall endeavour to:
- Protect and improve the environment, and
- Safeguard the forests and wildlife of the country.
Article 49 – Protection of Monuments and Places of National Importance
The State shall:
- Protect every monument or place or object of artistic or historic interest,
- Which is declared by law to be of national importance, and
- Prevent their disfigurement, destruction, removal, or misuse.
Article 50 – Separation of Judiciary from the Executive
The State shall take steps to:
- Separate the judiciary from the executive in the public services of the State.
Article 51 – Promotion of International Peace and Security
The State shall endeavour to:
- Promote international peace and security
- Maintain just and honourable relations between nations
- Foster respect for international law and treaty obligations
- Encourage settlement of international disputes by arbitration
| OTHER CONSTITUTIONAL PROVISIONS REFLECTING DPSP VALUES (Outside Part IV) 1. Article 335 – Claims of SCs and STs in Public ServicesWhile maintaining administrative efficiency, the State shall consider the claims of Scheduled Castes and Scheduled Tribes in appointments to public services and posts under the Union and the States.Part of: Part XVI – Special Provisions Relating to Certain Classes 2. Article 350A – Instruction in the Mother TongueThe State and local authorities shall make efforts to provide primary education in the mother tongue for children belonging to linguistic minority groups.Part of: Part XVII – Official Language 3. Article 351 – Promotion of HindiThe Union shall work to promote the spread and development of Hindi as a medium of expression for India’s composite culture, without hurting the interests of other languages.Part of: Part XVII – Official Language |
CONFLICT BETWEEN FUNDAMENTAL RIGHTS & DIRECTIVE PRINCIPLES OF STATE POLICY
The Indian Constitution aims to balance individual rights (FRs) with the socio-economic goals (DPSPs) of the State. However, over time, their interpretation has led to legal and constitutional conflicts. Here’s how the debate evolved:
1. Champakam Dorairajan Case (1951)
- Issue: Reservation in educational institutions.
- Judgment: Fundamental Rights prevail over DPSPs.
- Impact: Parliament cannot violate FRs (especially Article 15) to implement DPSPs.
- Result: Led to the First Constitutional Amendment.
2. Golaknath Case (1967)
- Judgment: Parliament cannot amend Fundamental Rights, even to implement DPSPs.
- Impact: FRs were treated as sacrosanct and unamendable.
3. 25th Constitutional Amendment Act (1971)
- Introduced Article 31C:
i) Laws made to implement DPSP Articles 39(b) & (c) cannot be challenged even if they violate FRs under Articles 14, 19, or 31.
ii) Courts cannot review such laws.
4. Kesavananda Bharati Case (1973)
- Judgment: Parliament can amend FRs but cannot destroy the Basic Structure.
Result: Second part of Article 31C (judicial review bar) was struck down.
5. 42nd Constitutional Amendment Act (1976)
- Expanded Article 31C to apply to all DPSPs, not just 39(b) & (c).
- DPSPs were given precedence over FRs under Articles 14, 19, and 31.
6. Minerva Mills Case (1980)
- Judgment: Struck down the expanded Article 31C.
- Reaffirmed that:
- FRs and DPSPs must be balanced.
- Only Articles 39(b) & (c) can override Articles 14 and 19.
- Judicial review is part of the Basic Structure.
