Directive Principles of State Policy (DPSP) – UPSC Notes
The Directive Principles of State Policy (DPSP) are guidelines given to the government to establish a just society and achieve soc
1. Historical Background and Sources
- Borrowed from the Irish Constitution (1937), which was inspired by the Spanish Constitution (1931).
- Influenced by Gandhian principles and the Directive Principles of Social Policy in the Government of India Act, 1935.
2. Classification of DPSP
(A) Socialistic Principles - Aim at socio-economic justice.
- Article 39(b) & (c): Equitable distribution of material resources & prevention of wealth concentration.
- Article 41: Right to work, education, and public assistance.
- Article 42: Just and humane conditions of work & maternity relief.
- Article 43: Living wage for workers.
- Article 47: Duty of the State to raise nutrition levels & improve public health.
(B) Gandhian Principles - Inspired by Gandhian philosophy.
- Article 40: Organization of Gram Panchayats.
- Article 43: Promotion of cottage industries.
- Article 46: Promotion of educational and economic interests of SCs, STs, and weaker sections.
- Article 47: Prohibition of intoxicating drinks and drugs.
- Article 48: Promotion of animal husbandry and prevention of cow slaughter.
(C) Liberal-Intellectual Principles - Inspired by liberal and Western thinking.
- Article 44: Uniform Civil Code (UCC) for citizens.
- Article 45: Free and compulsory education for children (Now under Article 21A).
- Article 48: Organization of agriculture & animal husbandry.
- Article 49: Protection of monuments & historical sites.
- Article 50: Separation of judiciary from the executive.
- Article 51: Promotion of international peace & security.
3. Difference Between Fundamental Rights & DPSP
- Fundamental Rights are justiciable; DPSP is non-justiciable.
- Fundamental Rights focus on political and civil rights; DPSP focuses on socio-economic rights.
4. Implementation and Significance of DPSP
- Land Reforms (Article 39b) - Abolition of Zamindari System.
- Nationalization of banks (Article 39c).
- MGNREGA (Article 41) - Right to work.
- Right to Education Act (Article 45).
- Mid-Day Meal Scheme (Article 47).
5. Amendments and DPSP
- 42nd Amendment (1976): Added Articles 39A (Free legal aid), 43A (Worker participation), 48A (Environmental protection).
- 44th Amendment (1978): Gave primacy to Fundamental Rights over DPSPs.
- 86th Amendment (2002): Moved Right to Education from Article 45 to Article 21A.
6. Landmark Supreme Court Judgments on DPSP
- Kesavananda Bharati (1973): Harmony between Fundamental Rights & DPSPs.
- Minerva Mills (1980): Balance between FRs and DPSPs is part of the Basic Structure.
- Unnikrishnan Case (1993): Right to education derived from DPSP.
7. Criticism of DPSP
- Non-justiciable, vague, sometimes contradictory (e.g., UCC vs. minority rights).
8. Relevance of DPSP in the 21st Century
- Basis for pro-poor policies (MGNREGA, PDS).
- Supports gender equality laws.
- Helps achieve UN Sustainable Development Goals (SDGs).
Conclusion:
DPSPs serve as moral and constitutional obligations for governments to establish a welfare state. While non-justiciable, they shap
