Directive Principles of State Policy, DPSP Article 36 to 51, Features

The Directive Principles of State Policy (DPSP), enshrined in Articles 36 to 51 of Part IV of the Indian Constitution, aim to establish a welfare state and ensure social and economic justice for all citizens. The DPSPs are in the nature of guidelines that direct the government on how to make laws and run the country. Borrowed from the Spanish and Irish constitutions, they were included to address issues like poverty, hunger, and socioeconomic inequalities.

Although not justiciable or enforceable in courts, DPSPs serve as instruments of instruction for governments. As Granville Austin notes, they have been crucial in meeting constitutional goals of social, economic, and political justice since independence.

Directive Principles of State Policy in Indian Constitution

The Directive Principles of State Policy (DPSP) outlined in the Indian Constitution serve as guiding principles for the government, shaping its governance and policymaking to promote the welfare of citizens and foster a just society.

• These principles are pivotal to India's governance structure and form an essential part of its constitutional framework.
• Dr B.R. Ambedkar famously described the DPSP as a "novel feature" of the Indian Constitution. He also stated that they are akin to the Instrument of Instructions issued to colonial governors under the Government of India Act of 1935.

Directive Principles of State Policy (DPSP) Features

The Directive Principles of State Policy (DPSP), contained in Part IV (Articles 36–51) of the Indian Constitution, provide non-justiciable constitutional directives to guide the government toward establishing a social, economic, and welfare democracy.

• Scope & Definition of State: As per Article 36, "State" encompasses executive, legislative, and local authorities across all governance levels, as in Part III (Fundamental Rights).
• Fundamental in Governance: According to Article 37, although non-justiciable, they are fundamental in the governance of the country, and the state has a moral and political duty to apply them when making laws.
• Welfare State Goal: DPSPs focus on fulfilling ideals mentioned in the Preamble, aiming for a socio-economic welfare state rather than a colonial police state.
• Non-Justiciable: Article 37 establishes that while unenforceable in court, DPSPs remain fundamental to national governance, imposing a moral duty on the State during lawmaking.
• Socio-Economic Democracy: While Fundamental Rights secure political democracy, DPSPs complement them by striving for social and economic justice and equality.
• Judicial Relevance: Courts use DPSPs to evaluate legal constitutionality; laws fulfilling a directive may be considered "reasonable" under Articles 14 and 19.

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Directive Principles of State Policy Classification

The Indian Constitution does not specifically classify the DPSPs. However, for ease of understanding, they can be divided into three categories: Socialist principles, Gandhian principles, and Liberal intellectual principles. These are explained below:

DPSPs Based on Socialist Principles

The Socialist principles enshrined in Articles 38, 39, 39A, 41, 42, 43, and 43A of the Directive Principles of State Policy reflect the vision of social and economic justice. They aim to reduce inequalities, ensure workers' welfare, and promote equitable resource distribution. The socialist principles are explained below:

• Article 38: Directs the state to promote social, economic, and political justice, and minimise inequalities in income, status, and opportunities 
• Article 39: The State shall direct its policy toward securing
  • the right to adequate means of livelihood for all Citizens,
  • equitable distribution of material resources,
  • prevention of the concentration of wealth and means of production,
  • equal pay for men and women,
  • preservation of the health and strength of workers and children against forcible abuse.
  • opportunities for the healthy development of children 
• Article 39A: Emphasises equal justice and free legal aid to all citizens, irrespective of economic or other disabilities. 
• Article 41: To secure the right to work, education, and assistance in cases of unemployment, old age, sickness, and disablement.
• Article 42: Make provision for securing just and humane conditions of work and for maternity relief.
• Article 43: Secure a living wage, fair remuneration, and decent working conditions for workers.
• Article 43A: Secure the participation of workers in the management of undertakings, establishments, or other organisations engaged in any industry.

DPSPs Based on Gandhian Principles

The Gandhian principles enshrined in Articles 40, 43, 43B, 46, 47, and 48 of the Directive Principles of State Policy reflect Mahatma Gandhi's vision of self-reliance, rural development, social justice, and moral upliftment of society. The Gandhian principles are explained below:

• Article 40: This article emphasises the organisation of village panchayats and promotes their empowerment as institutions of local self-government.
• Article 43: To promote cottage industries to ensure economic development and self-reliance at the rural level.
• Article 43B: To promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
• Article 46: It emphasises the protection and promotion of the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of society.
• Article 47: To prohibit the consumption of intoxicating drinks and drugs which are injurious to health.
• Article 48: To prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.

DPSPs Based on Liberal Principles

The Liberal principles, enshrined in Articles 39, 44, 45, 48, 48A, 49, 50, and 51, promote individual freedom, equality, environmental conservation, judicial independence, and international peace, reflecting progressive governance ideals. The liberal principles are explained below:

• Article 39: DPSP emphasises the promotion of gender equality and the empowerment of women.
• Article 44: Secure the Uniform Civil Code for all citizens.
• Article 45: Provide free and compulsory education to children up to the age of 14 years. 
• Article 48: To organise agriculture and animal husbandry on modern and scientific lines.
• Article 48A: To protect and improve the environment and to safeguard forests and wildlife. 
• Article 49: To protect every monument or place of national importance from spoliation, disfigurement, destruction, etc.
• Article 50: Separate the judiciary from the executive in the public services of the State.
• Article 51: Promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration.

Directive Principles of State Policy Amendments

Directive Principles of State Policy (DPSP) amendments have added several new principles to the original list. These additions, made through various constitutional amendments, are outlined below:

42nd Amendment Act 1976

The 42nd Amendment Act of 1976 introduced significant changes to the Directive Principles of State Policy, including the addition of Articles 39A, 43A, and 48A. It also modified Article 39(f), further emphasising the State's commitment to social justice and environmental protection. It includes:

• Article 39(f): The State shall direct its policy toward securing opportunities for the healthy development of children.
• Article 39A: It emphasises equal justice and free legal aid to all citizens, irrespective of economic or other disabilities.
• Article 43A: It secured the participation of workers in the management of undertakings, establishments, or other organisations engaged in any industry.  
• Article 48A: It mandates the state to protect and improve the environment and to safeguard forests and wildlife.

44th Amendment Act of 1978

The 44th Amendment Act of 1978 played a pivotal role in enhancing the scope and significance of the Directive Principles of State Policy, reflecting the State’s commitment to fostering justice and equality. It includes:

• Article 38: It directs the State to promote social, economic, and political justice. And minimise inequalities in income, status, and opportunities.

86th Amendment Act of 2002

The 86th Amendment Act of 2002 marked a significant step in prioritising education within the Directive Principles of State Policy, underscoring the State's responsibility toward early childhood care and education.

• Article 45: It includes provisions for free and compulsory education to children up to the age of 14 years. 

97th Amendment Act of 2011

The 97th Amendment Act of 2011 emphasised the importance of cooperative societies, reinforcing the State’s role in fostering their growth and ensuring their effective functioning. It includes:

• Article 43B: It directs the State to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

DPSPs Outside Part IV

In addition to the Directives outlined in Part IV of the Constitution, there are other Directives spread throughout various sections of the Constitution. It includes:

• Article 335 in Part XVI – Claims of SCs and STs to Services: It ensures that the claims of Scheduled Castes and Scheduled Tribes in appointments to Union or State services must be considered to maintain efficiency of administration.
• Article 350-A in Part XVII – Instruction in the Mother Tongue: It encourages every state and all local authorities to provide primary education in the mother tongue to children belonging to linguistic minority groups.
• Article 351 in Part XVII – Development of the Hindi Language: It mandates the Union to promote and develop the spread of the Hindi language and serves as a medium of expression for all the elements of the composite culture of India.

Directive Principles of State Policy and Fundamental Rights

Directive Principles of State Policy (DPSPs) and Fundamental Rights form the foundational pillars of the Indian Constitution, balancing individual liberties with social welfare. While Fundamental Rights protect civil freedoms, Directive Principles guide state policy toward achieving a socio-economic welfare state. The key differences between Directive Principles of State Policy (DPSPs) and Fundamental Rights are listed below:

Conflicts Between Fundamental Rights and DPSP

The conflict between DPSPs and FRs arises when policies aimed at achieving DPSP goals infringe upon individual FRs. Landmark cases like Champakam Dorairajan (1951), Kesavananda Bharati (1973), and Minerva Mills (1980) underscore this conflict, advocating for a balance that upholds the Constitution's basic structure. A detailed explanation of key cases and the current position is provided below.

• Champakam Dorairajan vs. the State of Madras (1951): In this case, the Supreme Court ruled that Fundamental Rights (FRs) would take precedence over Directive Principles in case of a conflict between FRs and Directive Principles. 
  • The court acknowledged that Parliament could amend Fundamental Rights through constitutional amendment acts.
  • Consequently, Parliament enacted the 1st Amendment Act (1951), the 4th Amendment Act (1955), and the 17th Amendment Act (1964) to implement certain Directive Principles.
• Golaknath vs. the State of Punjab (1967): In this case, the Supreme Court departed from the principles set during the Champakam Dorairajan case (1951).
  • It ruled that Parliament cannot diminish or curtail any Fundamental Rights (FRs).
  • The Court held that FRs are ‘sacrosanct’ and cannot be compromised for the implementation of Directive Principles.
• Kesavananda Bharati vs. the State of Kerala (1973): In this case, the Supreme Court overruled its Golak Nath verdict (1967).
  • It declared that Parliament can amend any part of the Constitution but cannot alter the “Basic Structure Doctrine” of the Constitution. 
  • The Court also declared the second provision of Article 31C (Right to Property) unconstitutional and invalid, as judicial review was deemed a basic feature of the Constitution.
• Minerva Mills vs. the Union of India (1980): In this case, the Supreme Court declared the above extension as unconstitutional and invalid.
  • Directive Principles were once again made subordinate to the Fundamental Rights by the Court.
  • However, the rights conferred by Article 14 and Article 19 were accepted as subordinate to the DPSPs enshrined in Article 39 (b) and (c).
  • In this case, the Court stressed the importance of balance between FRs and DPSPs. The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights.
• Current position: Fundamental Rights hold supremacy over the Directive Principles.  However, the Directive Principles can be implemented by amending the Fundamental Rights, so long as the amendment does not destroy the basic structure of the Constitution.

Directive Principles of State Policy Implementation

Directive Principles of State Policy (DPSP) have been implemented by successive central and state governments by passing statutory laws, launching developmental schemes, and enacting constitutional amendments to turn these non-justiciable ideals into practical socio-economic governance.

• Planning & Economic Welfare: The Planning Commission (now NITI Aayog) and Five-Year Plans aimed to reduce inequalities. Nationalisation of banks (1969) and life insurance (1956) directed resources for the common good.
• Agrarian Reforms: Abolition of zamindari, tenancy reforms, and land ceiling laws transformed rural structures.
• Labour & Social Security: Enactment of the Minimum Wages Act (1948), Maternity Benefit Act (1961), Equal Remuneration Act (1976), and Child Labour Prohibition laws (1986/2016) safeguard worker welfare.
• Legal Aid & Local Governance: The Legal Services Authorities Act (1987) established Lok Adalats for free legal aid. The 73rd Amendment Act (1992) granted constitutional status to Panchayati Raj institutions.
• Environment: Legislation was enacted for environmental and wildlife protection, such as the Wildlife Protection Act (1972) and the Forest Conservation Act (1980).
• Social Empowerment: The Protection of Civil Rights Act (1955), SC/ST Atrocities Act (1989), National Commissions for SCs, STs, OBCs, and 10% EWS reservation (103rd Amendment Act, 2019) protect vulnerable groups.

Directive Principles of State Policy Significance

The significance of the Directive Principles of State Policy lies in their role in shaping a welfare state by promoting socio-economic justice and equality and guiding governance towards achieving constitutional ideals. The significance is outlined below:

• Influence of the Irish Constitution: The DPSP drew inspiration from the Irish Constitution, which included similar principles for social justice.
• Ambedkar's Vision: Dr. B.R. Ambedkar had described the Directive Principles as “socialistic” and a “novel feature” of the Constitution. They constitute a very comprehensive economic, social, and political programme for a modern democratic State.
• Philosophy of the Constitution: The Directive Principles, along with the Fundamental Rights, contain the Constitution's philosophy.
  • They are complementary and supplementary to each other; both are essential to achieving the objectives and ideals stated in the Preamble.
• Promote Socio-economic Justice: Unlike Fundamental Rights, which protect political justice, DPSPs promote socio-economic justice. 
  • Dr Ambedkar rightly pointed out that the DPSPs provide ‘social and economic democracy’ as distinguished from the ‘political democracy’ provided by the Fundamental Rights.
  • According to him, political democracy is meaningless without socio-economic democracy.
• Promote Welfare State: The principles embody the concept of a “welfare state” and not a “police state” which existed during the colonial era.
  • They aim to promote the welfare of the people by emphasising social justice, equal opportunities, and the improvement of living standards for all citizens.
• Contain Progressive Measures: It includes provisions for the promotion of educational opportunities, public health, and the protection of the interests of marginalised sections of society, such as Scheduled Castes, Scheduled Tribes, and backward classes.
• Constitutional Guidance: Though not legally enforceable, the DPSP provides constitutional guidance to the government in formulating laws and policies.
  • It encourages the state to work towards achieving the objectives outlined in the DPSP.
• Political sanctions: Many provisions and principles enshrined in Part IV of the Constitution are used by political parties in their manifestos.
  • Consequently, some of these provisions have been made legally enforceable by the ruling governments.
  • In this way, they serve as a crucial test for the performance of the incumbent government.
• Long-term Vision: DPSP provides a long-term vision for the country's development, setting goals and ideals that the government should strive to achieve over time.

Directive Principles of State Policy Limitations

The limitations of the Directive Principles of State Policy have been a subject of debate among members of the Constituent Assembly and constitutional experts, primarily due to their non-justiciable nature, lack of coherence, and potential for constitutional conflicts. The limitations are outlined below:

• Lack of Legal Force: Critics argue that the non-justiciable nature of the Directives undermines their effectiveness. The Directives are seen as moral aspirations rather than legally binding principles.
  • Exemption of Directive Principles from being justiciable may make the state vulnerable to the pressure of politically and economically influential groups in society.
• Lack of Logical Arrangement: DPSPs are not logically arranged and lack a consistent philosophy. The mixing of different provisions is seen as incongruous and lacking a systematic approach.
• Conservative Nature: Sir Ivor Jennings opined that the directives were deemed to be suitable in India in the middle of the 20th century. The question of whether they are suitable in the 21st century cannot be answered.
• Constitutional Conflict: These conflicts arise from the Centre's authority to direct states for Directive Principles' implementation, the potential rejection of bills by the President of India that violate these principles, and conflicts at the state level between the governor and the chief minister.

Directive Principles of State Policy UPSC PYQs

Q1: Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC Mains 2015)

Q2: Which part of the Constitution of India declares the ideal of Welfare State? (UPSC Prelims 2020)

(a) Directive Principles of State Policy

(b) Fundamental Rights

(c) Preamble

(d) Seventh Schedule

Ans: (a)

Q3: Other than the FR, which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? (UPSC Prelims 2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Ans: (a)

Q4: With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? (Prelims 2020)

1. They shall be enforceable by courts.
2. They shall not be enforceable by any court.
3. The principles laid down in this part are to influence the making of laws by the State.

Select the correct answer using the code given below:

(a) 1 only 

(b) 2 only

(c) 1 and 3 only 

(d) 2 and 3 only

Ans: (d)