The Directive Principles of State Policy (DPSP) in the Indian Constitution, outlined in Articles 36 to 51, provide guidance to the state in policy-making and governance. They include principles such as securing a social order for the welfare of the people, minimizing inequalities, promoting village panchayats and local self-government, ensuring the right to work, education, and public assistance, promoting a uniform civil code, and protecting the environment. These principles are fundamental to the governance of the country and serve as a framework for the state to work towards achieving the socio-economic goals of the Constitution.
In which part of the Indian Constitution are DPSPs mentioned?
- Part IV
Which articles in the Indian Constitution are related to the Directive Principles of State Policy (DPSP)?
- Articles 36 to 51
From which country are the DPSPs borrowed?
- Ireland
What is the purpose of inclusion of Directive Principles of State Policy in the Indian Constitution?
- The purpose of Directive Principles of State Policy is to establish social and economic democracy.This will help India grow as a welfare state.
- In other words, the aim of Constitution makers was to to establish a secular and democratic state to ensure socio-economic justice.
How are Directive Principles of State Policy different from Fundamental Rights?
- The Directive Principles of State Policy are non-justiciable, that is, cannot be enforced in any court of law, Fundamental Rights are enforceable under Article 32 and Article 226 of the Indian Constitution.
Describe all the articles related to DPSP.
Article 36 [Definition of State]
- According to Article 36, the term ‘State‘ in Part IV has the same meaning as in Part III dealing with Fundamental Rights.
Article 37
- It states that the DPSP are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
- However, these principles are non-justifiable in nature, that is, they are not legally enforceable by the courts for their violation.
Article 38
- The State shall strive to promote the welfare of the people by securing a social order permeated by justice – social , economic, and political – and to minimise inequalities in income, status, facilities, and opportunities.
Article 39
- It directs the State to secure equal pay for equal work for men and women.
Article 39A
- It was inserted by the 42nd Constitutional Amendment Act, 1976.
- It provides for equal justice and free legal aid.
Article 40 [Organisation of Village Panchayats]
- The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Article 41
- The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 42
- The State shall make provision for securing just and humane conditions of work and for maternity relief.
Article 43 [Living wage, etc., for workers]
- The State shall endeavour to secure to all workers a living wage, a decent standard of life and social and cultural opportunities for all workers.
Article 43A [Participation of workers in management of industries]
- The State shall take steps to ensure worker participation in the management of industries.
Article 43B [Promotion of co-operative societies]
- 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 the citizens a uniform civil code throughout the territory of India.
Article 45
- It directs the state to provide early childhood care and education for all children until they complete the age of six years.
Note: This Directive was changed by the 86th Constitutional Amendment Act of 2002. Originally, it made a provision for free and compulsory education for all children until they complete the age of 14 years.
Article 46
- It directs the State to promote education and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation.
Article 47
- The State shall regard the raising of the level of nutrition, the standard of living of its people and the improvement of public health as among its primary duties.
- It shall also endeavour to prohibit the consumption of intoxicating drinks and drugs that are injurious to health, except for medicinal purposes.
Article 48 [Organisation of agriculture and animal husbandry]
- The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines.
- It shall also take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.
Article 48A
- The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Note: Article 48A was added to the Indian Constitution by the 42nd Constitutional Amendment Act, 1976.
Article 49 [Protection of monuments and places and objects of national importance]
- It shall be the obligation of the State to protect monuments, places and objects of artistic or historic interests which are declared to be of national importance.
Article 50 [Separation of judiciary from 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 in the dealings of organised peoples with one another; and
- encourage settlement of international disputes by arbitration.
Is there any Classification of Directive Principles of State Policy?
- The Constitution doesn’t contain any classification of Directive Principles.
- However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialist, Gandhian and liberal-intellectual.
| DPSP Category Type | Article Number |
|---|---|
| Gandhian | Articles 40, 43, 43B, 46, 47, 48 |
| Socialist | Articles 38, 39, 39A, 41, 42, 43, 43A |
| Liberal-Intellectual | Articles 44, 45, 48, 48A, 49, 50, 51 |
Who said “The Directive Principle of State Policy is a Novel feature” of the Indian constitution?
- Dr. B.R. Ambedkar, the creator of the Constitution DPSP called it a “Novel feature of our Constitution”.
“Directive principles of State Policy are like a bank cheque that is payable at the convenience of the bank.” Who said above statement?
- K. T. Shah
What is the difference between fundamental rights and Directive Principles of State Policy?
- The main difference between fundamental rights and DPSP is summarised in the table below.
| Aspect | Fundamental Rights | Directive Principles of State Policy |
|---|---|---|
| Legal Nature | Enforceable in court against the state for violation. | Not enforceable in court but provide guidelines for policymaking. |
| Source of Authority | Part III of the Indian Constitution. Articles 12-35 | Part IV of the Indian Constitution. Articles 36-51 |
| Individual vs. State | Primarily protect individual liberties against the state. | Provide guidance to the state for governance and welfare. |
| Justiciability | Justiciable, can be enforced through legal remedies. | Non-justiciable, cannot be enforced directly in court. |
| Immediate Application | Immediately applicable and enforceable. | Require legislation or executive action for implementation. |
| Scope of Rights and Duties | Emphasize individual rights and freedoms. | Focus on social justice, economic welfare, and governance. |
| Relation to Democracy | Essential for the protection of democracy and liberty. | Aim to achieve social and economic democracy. |
| Example | Right to Equality, Right to Freedom of Speech. | Promotion of educational and economic opportunities, environmental protection. |
What are the important Amendments related to DPSPs?
- Amendments related to the Directive Principles of State Policy include:
Here’s the information presented in a table format:
| Amendment Number | Year | Article | Details |
|---|---|---|---|
| 42nd | 1976 | Article 39A | Equal justice and free legal aid |
| 42nd | 1976 | Article 43A | Participation of workers in management of industries |
| 42nd | 1976 | Article 48A | Protection and improvement of environment and safeguarding of forests and wildlife |
| 44th | 1978 | Article 38(2) | Inserted provision to minimize economic inequalities. |
| 86th | 2002 | Article 21A | Made elementary education (6 – 14 years) a fundamental right |
What are the Different Judgements Related to DPSP and Fundamental Rights?
- There has been a long-round debate that in case of conflict between the Fundamental Rights and Directive Principles that which of the two classes of constitutional provisions should be accorded priority.
- With the help of four court verdicts the relationship between fundamental rights and DPSP is decoded.
Champakam Dorairajan vs the State of Madras (1951):
- In this case, the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail.
- It declared that the Directive Principles have to conform to and run as subsidiary to the FRs.
- It also ruled that fundamental rights could be amended by Parliament by enacting Constitutional Amendment Acts.
Golaknath vs the state of Punjab (1967):
- In this case, the Supreme Court declared that Fundamental Rights could not be amended by Parliament even for implementation of directive principles.
Kesavananda Bharati vs the State of Kerala (1973):
- The Supreme Court declared that Parliament can amend any part of the Constitution but it cannot alter its basic structure thus the right to property was eliminated from the list of fundamental rights.
Minerva Mills vs the Union of India (1980):
- In this case, the Supreme Court reiterated that Parliament can amend any part of the Constitution but it cannot change the basic structure of the Indian constitution.
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