Constitution 2 unit 4 notes
Directive Principles of State Policy: Meaning
The Directive Principles of State Policy (DPSP) has been taken from the Irish constitution and
enumerated in Part IV of the Indian Constitution.
The concept behind the DPSP is to create a ‘Welfare State’. In other words, the motive behind the
inclusion of DPSP is not establishing political democracy rather, it’s about establishing social and
economic democracy in the state.
These are some basic principles or instructions or guidelines for the government while formulating
laws/policies of the country and in executing them.
According to Dr B R Ambedkar, these principles are ‘novel features’ of the Constitution.
DPSP acts as a guideline for the state and should be taken into consideration while coming up with
some new policy or any law. But no one can compel the State to consider and follow all that which is
mentioned in DPSP, as DPSP is not justiciable.
Part IV of the Indian Constitution
Part 4 of the Indian Constitution consists of all the DPSP (Directive Principles of State Policy).
It covers the Articles from 36 to 51.
Article 36 defines the term “State” as the one, who has to keep in mind all the DPSP before
formulating any policy or law for the country. The definition of “State” in the part IV will be the same
as that of Part III, unless the context otherwise requires a change in it.
In Article 37 the nature of DPSP has been defined. DPSPs are non-justiciable.
Sources
The DPSP of the Indian Constitution was inspired by the Irish Constitution which took these
details from Spain.
Some Instruments of Instructions, which also became the immediate source of DPSP, have
been taken from the Government of India Act, 1935.
Another source was the Sapru Report, 1945 which gave us both Fundamental Rights
(justiciable) and DPSP(s) (non-justiciable).
Reflection of Preamble
The Preamble is a brief introduction to the constitution and it contains all the objectives which were
there in the mind of the drafters of the Indian Constitution.
According to some scholars, DPSP is ‘the kernel of the Indian Constitution’.
The Directive Principles of the State Policy (DPSP) are the guidelines for the state which it must
consider while formulating new laws and policies and it lay down all the objectives which the
Constitution seeks to achieve.
The expression “Justice – Social, economic and political” that is mentioned in the preamble is the
ultimate aim that has to be achieved through the formulation of the DPSP.
DPSP are enlisted to attain this ultimate aim as mentioned in the preamble i.e. Justice, Liberty,
Equality and fraternity are also known as the four pillars of the Indian Constitution. It also enlists the
idea of the welfare state which was absent under the colonial rule.
Features
DPSP are not enforceable in a court of law.
They were made non-justifiable considering that the State may not have enough resources to
implement all of them or it may even come up with some better and progressive laws.
It consists of all the ideals which the State should follow and keep in mind while formulating
policies and enacting laws for the country.
The DPSPs are like a collection of instructions and directions, which were issued under the
Government of India Act, 1935, to the Governors of the colonies of India.
It constitutes a very comprehensive economic, social and political guidelines or principles and
tips for a modern democratic State that aimed towards inculcating the ideals of justice,
liberty, equality and fraternity as given in the preamble. The Preamble consists of all the
objectives that needs to be achieved through the Constitution.
Adding DPSP was all about creating a “welfare state” which works for the individuals of the
country which was absent during the colonial era.
List of Directive Principles of State Policy
Article 36
Article 36 contains the definition of State.
Unless the context otherwise requires, the definition of “the State” is the same as it is given
in Part III which covers Fundamental Rights.
The definition given in Article 12 shall apply in this part as well which says that the State
includes:
o The Government of India
o The Parliament of India
o The Government of each of the States
o The Legislature of each of the States
o All the authorities whether local or any other which are the part of Indian
territory or under the control of the government.
Article 37
Article 37 mentions the two important characteristics of DPSP, and they are:
o It is not enforceable in any court of Law.
o And they are very basic and essential for the governance of the country.
The provisions mentioned in this part shall not be enforceable in any court and the principles laid
down in this part are fundamental for the governance of the country. The State must make laws
according to it because the ultimate aim of the State is the welfare of its citizens.
Socialist principles
These principles follow the ideology of “Socialism” and lay down the framework of India.
Its ultimate aim is to provide social and economic justice to all its citizens so that the state
can fulfil the criteria required for a welfare state.
The articles in DPSP which follows the socialist principles are – Article 38, Article 39, Article
39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47.
Article 38
Article 38 talks about Social, Political and Economic Justice.
It directs that the State should secure a social order which provides social, political and
economic justice to all its citizens.
Article 38(2) says that state shall reduce the inequalities faced by the people on the grounds
like income, status, facilities, opportunities, etc.
Article 39
Article 39 mentions all the Principles of policy which must be followed by the State.
The State shall make its policies towards securing the following objectives—
All the men, women and citizens should have the right to an adequate means of livelihood
The ownership and control of the people over any material resources under the community
should be distributed as it is for the common good of the public;
The functioning of the economic system should be such that the concentration of wealth and
the means of production don’t result in a loss common to all or which causes detriment to
the citizens;
There shall be no gender discrimination, both men and women should get equal pay for
equal work.
The health and strength possessed by any worker, men and women, and the tender age of
children should not be abused and the citizens should not be forced to enter and indulge
into any occupation or profession which is not suitable for their age or strength, not even
out of any financial necessity or economic backwardness
Children must be given enough opportunities and facilities so that they develop in a healthy
manner and in such conditions where their freedom and dignity, including the fact that
their childhood and youth remain protected, against any form of exploitation and against
any sort of moral and material abandonment
Article 39A
Article 39A talks about Free Legal aid.
It says that the State shall promote justice with the aim of administering Justice on the basis
of equal opportunity, and shall provide free legal aid through any suitable legislation or
schemes which State may think fit ,or, in any other way, so that it could ensure that the
opportunities for securing justice are not denied to any citizen because of economic
backwardness or any other kind of disabilities
Article 41
Article 41 talks about Welfare Government.
It says that state shall make some effective provisions for securing the right to work, etc. and
in cases of unemployment, old age, disablement or any other cases acting in its economic
capacity & development it shall provide public assistance. This article is employed as a
tenet for numerous social sector schemes like social assistance program, right to food
security, old-age pension scheme, MGNREGA, etc.
Article 42
Article 42 talks about Securing just and humane work and maternity relief.
It says that state shall create some provisions so that the citizens get easy, just and humane
conditions for working. It shall also provide maternity relief for the women.
Article 43
Article 43 talks about Fair wages and a decent standard of life.
It says that the state can endeavor to secure by appropriate legislation or economic
organization to all the workers employed in agricultural, industrial or otherwise, work, a
living wage, conditions of work, ensuring a decent standard of life and enjoyment of
leisure and social-cultural opportunities and promote cottage industries on an individual
or cooperative basis in rural and remote areas of the country.
Article 47
Article 47 talks about Nutrition, Standard of living and public health.
It says that the State shall look into the matter of raising the level of nutrition and the
standard of living of its people and it is the duty of the State to keep a check on the
improvement of public health. The State shall also endeavor to prohibit the consumption
of intoxicating drinks and drugs which are injurious for health, except for medicinal
purposes. There are many social development programmes such as National Health
Mission, Mid Day Meal Scheme, etc. which target the marginalized sections of the society
i.e. women, children, weaker sections etc. are inspired by this DPSP.
Gandhian Principles
These principles reflect the programme of reconstruction ideology propagated by Gandhi
throughout the national movement. In order to fulfil his dreams, some of his concepts
have been included in the form of DPSP.
They direct the State through these articles – Article 40, Article 43, Article 43 B, Article 46,
Article 47 and Article 48.
Article 40
Article 40 deals with the Organization of Panchayats.
It says that the state shall organize Panchayat system and should grant them such powers
which would be necessary for the functioning as units of the self-government system.
The 73rd and 74th amendments of the constitution which are related to Panchayati Raj and
Municipal Corporations respectively, later ended up as the constitutionally backed
framework for the principle mentioned in Part IV.
Article 43
Article 43 talks about Fair wages and a decent standard of life.
It says that the state can endeavor to secure, by appropriate legislation or economic
organization, to all the workers employed in agricultural, industrial or otherwise, work, a
living wage, conditions of work, a decent standard of life and enjoyment of leisure &
social-cultural opportunities and promote cottage industries on an individual or
cooperative basis in rural and remote areas of the country.
Article 43B
Article 43B deals with the promotion of cooperatives.
It was inserted by the 97th amendment act in 2011. It says that state shall endeavor to
promote the management of the co-operative societies to help the people who are
engaged in the same.
Article 46
Article 46 deals with the Protection of SCs, STs, weaker sections from exploitation.
The State shall promote with special care including the educational and economic interests
of the weaker sections of the society i.e. the SCs and the STs and shall make provisions to
protect them from all forms of exploitation which includes social injustice.
Article 47
Article 47 talks about Nutrition, Standard of living and public health.
It says that the State shall look into the matter of raising the level of nutrition and the
standard of living of its people and it is the duty of the State to keep a check on the
improvement of public health. The State shall endeavor to prohibit the consumption of
intoxicating drinks and drugs which are injurious to health except for medicinal purposes.
There are many social development programmes such as National Health Mission, Mid Day
Meal Scheme, etc. which target the marginalized sections of the society i.e women,
children, weaker sections etc. are inspired by this DPSP.
Article 48
Article 48 talks about Scientific agriculture and animal husbandry.
It says that the State shall endeavor to organize agriculture and animal husbandry using
modern methods and scientific techniques which make people more advanced and helps
in earning their livelihood easily and State shall take some progressive steps for
preserving and improving the existing breeds and prohibiting the slaughter of cows and
other cattle.
Liberal-intellectual Principles
These principles follow the ‘Liberalism’ ideology.
The articles which follow this approach in DPSP are – Article 44, Article 45, Article 48, Article
48 A, Article 49, Article 50 and Article 51.
Article 44
Article 44 talks about the Uniform Civil Code.
There should be a provision for the citizens to secure a Uniform Civil Code throughout the
territory of India in order to simplify things and reduce ambiguity in the laws which makes
it more complex than it actually is.
Article 45
Article 45 contains the Provision for free and compulsory education for the children in the
country.
The State shall make laws to provide free and compulsory education for the children until
they are 14 years old within a period of 10 years from the date of commencement of this
provision in the Constitution.
This provision was incorporated by the virtue of the 86th Amendment, 2002 in the
Constitution of India.
Article 48
Article 48 talks about Organisation of agriculture and animal husbandry.
The State shall endeavour to organise agriculture and animal husbandry using modern and
scientific technology which is prevalent in the present times and also take steps for
preserving and improving the existing breeds and prohibiting the slaughter of cows and
other cattle in the country for the development of agricultural related practices.
Article 48A
Article 48A talks about the Environment and Wildlife Protection.
The State shall endeavour to protect and improve the environment and surroundings. And
to safeguard the forests and wildlife of the country to make the environment sustainable.
Article 49
Article 49 talks about Protection of monuments and places and objects of national
importance.
It shall be the duty of the State to protect every monument or place or any object of historic
or artistic interest which has some national importance, from any form of disfigurement,
destruction, etc.
Article 50
Article 50 talks about Separation of Judiciary from the Executive.
There should be a line between the judiciary and the executive body of the Government in
the public services of the State as it makes it easier if both do not interfere in each other’s
work and function independently.
Article 51
Article 51 talks about Promotion of international peace and security.
The State shall endeavour to —
o Promote international peace and security;
o maintain friendly and honourable relations between nations;
o foster respect for international law and treaty obligations in the dealings of one
person with another for maintaining harmony between the nations and
o encourage settlement of international disputes by the method of arbitration.
42nd Amendment
Four Directive Principles which were added by the 42nd amendment are as follows:
Article 39 – To secure opportunities for healthy development of children.
Article 39A – It says that the State shall promote justice with the aim of administering it on
the basis of equal opportunity, and shall provide free legal aid through any suitable
legislation or the schemes which State may think fit or in any other way so that State can
ensure that opportunities for securing justice are not denied to any citizen because of any
economic or other disabilities.
Article 43A – The State shall take steps, by suitable legislation or in any other way, to secure
the participation of workers in the management of undertakings, establishments or other
organisations.
Article 48A – The State shall endeavour to protect and improve the environment and
surroundings and to safeguard the forests and wildlife of the country to make its
environment liveable.
44th Amendment
The 44th Amendment Act of 1978 added Article 38(2) in the DPSP.
Article 38(2) says that the state shall work to minimize the inequalities in income, and
endeavour to eliminate inequalities in status, opportunities etc. not only amongst
individuals but also amongst all the groups of people residing in different areas or
engaged in different fields.
86th Amendment
The 86th Amendment changed the subject of Article 45 in the DPSP and brought it within the
ambit of the fundamental rights mentioned in Part III as Article 21-A has been made for
the children between the age group of 6-14 years of age. The same article was previously
a directive principle which says that the State should take care of the children who are
below 6 years of age.
97th Amendment
The 97th Amendment act of 2011 inserted Article 43-B in the list of DPSP. It says that the
State shall endeavour to promote voluntary formation, autonomous functioning,
democratic control and professional management of the co-operative societies.
Importance of DPSP
DPSP covers the Articles 36-51 in Part IV of the constitution.
It mentions protection of women of the country, environmental conservation, rural growth and
development, decentralisation of power, uniform civil code, etc. which are considered some of the
essentials in making laws for a “welfare state”.
Although non-justiciable, they provide a set of guidelines for the Government for its functioning in the
country.
Significance of DPSP
Directive Principles are non-justiciable but these are backed by vox populi (voice of the
people), which is the real sanction behind every law in reality.
DPSP gives the philosophical foundations of a welfare system. These principles makes it a
responsibility of the State to secure it through welfare legislation.
Their nature is more of moral ideals. They constitute a moral code for the State but this does
not reduce their value as moral principles are very important and the absence of it may
hamper the growth of a society. A state is run by its people and the Government is always
formed and managed by them, so it’s really important to have a set of standards for
making laws in the country.
Directive Principles act as a guide for the government which helps them in making policies
and laws for the purpose of securing justice and welfare in the State.
DPSP are like a source of continuity in the Governance of the country because in a
democratic system, the Governments change after regular elections and every new
government makes different policies and laws for the country. The presence of such
guidelines is really important because it ensures that every Government will follow the set
of principles in the form of DPSP while formulating its laws.
Directive Principles can be called as the positive directions for the State which helps in
securing social and economical dimensions of democracy. DPSP are supplementary to
Fundamental Rights which offers political rights and other freedoms. They both are
nothing without each other as one provides social and economic democracy and the
other, political rights.
Directive Principles of State Policy make it possible for people to measure the worth of a
government and its working. A Government which doesn’t consider these principles can
be rejected on this ground by the people in favour of a government which gives due
importance to the task of securing these Directive Principles in the state.
The Directive Principles constitute a manifesto of a Nation. These reflect the ideas and views
which were there in the mind of the drafters while drafting the constitution. These
reflected the philosophy behind the making of the Constitution and hence provide useful
information to the courts in interpreting the existing provisions in the Constitution and in
coming up with better laws and policies.
The Directive Principles do not seem to be very rigid in their meanings and this helps the
State in interpreting and applying these principles in accordance with the situation
prevailing at a given time.
DPSP and Fundamental rights
Fundamental Rights are described as the basic rights guaranteed to every citizen of the country under
the constitution. They are present in Part III of the Constitution which ensures some rights to all its
citizens so that they can live their lives peacefully. They help in checking the activities of the
Government so that it cannot curtail any of the basic rights granted by the Constitution in the form of
Fundamental rights.
Fundamental Rights apply to all the citizens without any form of discrimination on the basis of race,
caste, creed, sex, place of birth, etc. Violation of the fundamental rights may lead to punishment and
can initiate proceedings against the government if it tries to curtail them.
The Indian Constitution recognizes 7 fundamental rights, they are as follows:
Right to Equality
Right to freedom
Right to freedom of religion
Right against exploitation
Cultural and Educational Rights
Right to constitutional remedies
Right to privacy (recently added)
Directive Principles of State Policy are some important guidelines given to the government so that it
can work accordingly and refer to them while formulating the laws and policies, and to build a just
society.
These principles are mentioned in Part IV from Article 36 to 51 of the Constitution.
Directive Principles are non-justiciable. However, these are recognized as an important roleplayer in
governing the State. These principles aim at creating such an environment, which can help the citizens
to live a good life where peace and harmony prevails.
The directive principles conjointly gauge the performance of the state, in order to achieve the
objectives stated in the preamble of the Indian Constitution.
Comparison between DPSP and Fundamental rights
BASIS FOR
FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES
COMPARISON
The essential or basic rights granted The guidelines which are considered
Meaning
to all the citizens of the country. while formulating policies and laws.
Defined In Part III of the Constitution. In Part IV of the Constitution.
Nature Negative Positive
Enforceability Legally enforceable. Not enforceable.
Democracy Political democracy. Social and economic democracy.
Legislation Not required. Required.
Promotes Individual welfare Public welfare
The conflict between DPSP and fundamental rights
Fundamental Rights and the DPSP are supplementary to each other and are essential to meet the
social and economic dimensions of a democratic government.
The conflict between Fundamental Rights and DPSP often arises as sometimes it has been seen, by
various legislations, that DPSP have wider scope than the Fundamental Rights.
The Fundamental Rights are the rights which are enforceable by the Courts and any law that is in
contravention to the provisions mentioned in Part III are ultra vires.
On the other hand, the DPSP are not enforceable in any Court of Law and nothing can be declared as
void merely because it is against the provisions given under the DPSP.
In the case of State of Madras v. Champakam, the Supreme Court held the Fundamental rights are
superior to the DPSP saying that the Fundamental Rights under Part III prevails over DPSP in case of
any conflict between them.
In the landmark judgment given by the Supreme Court in the Golak Nath case, it was held that the
provisions mentioned under Part III as Fundamental Rights cannot be undermined just to implement
the provisions given under Part IV which enlists some important guidelines for the State in the form of
the DPSP.
The Constitution was amended in the year 1971 and through this amendment, Article 31C was
incorporated in the Constitution. It confers wider importance on the DPSP.
In the Minerva Mills case, the Supreme Court restricted this wide scope which was conferred on the
DPSP under Article 31C by making the following changes:
It restored Article 31C to its pre-1976 position. A law would be protected by Article 31C only
in the case if it has been made to implement the Article 39 (b) and Article39 (c) of the
DPSP and not any of the other directive included in Part IV.
There is a fine balance in the Constitution between the DPSP and the Fundamental Rights,
which should be adhered by the Courts without placing any of them as superior.
