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Directive Principles of State Policy (DPSP) - Indian Polity Notes

Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution. This article will solely discuss the Directive Principles of State Policy, its importance in the Indian Constitution and the history of its conflict with Fundamental Rights. This topic is important for UPSC Mains GS-II and also for political science optional papers and aspirants can also download the DPSP notes.

Directive Principles of State Policy (DPSP of Indian Constitution) Download PDF Here

Aspirants can find information on the structure and other important details related to the IAS Exam , in the linked article.

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Table of Contents:

What are the Directive Principles of State Policy?

assignment on directive principles of state policy

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP of Indian Constitution are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions of Directive Principles of State which are given below:

  • They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
  • They seek to establish economic and social democracy in the country.
  • DPSPs are ideals which are not legally enforceable by the courts for their violation.

Questions from this section of Indian Polity have been asked in UPSC Prelims  and Mains before.

Important Exam-related links:

 

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on their content and direction, they are usually classified into three types-

  • Socialistic Principles ,
  • Gandhian Principles and,
  • Liberal-Intellectual Principles .

The details of the three types of DPSPs are given below:

: They are the principles that aim at providing social and economic justice and set the path towards the welfare state. Under various articles, they direct the state to:
Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities
Secure citizens:

Promote equal justice and free legal aid to the poor
In cases of unemployment, old age, sickness and disablement, secure citizens:

Make provision for just and humane conditions of work and maternity relief
Secure a living wage, a decent standard of living and social and cultural opportunities for all workers
Take steps to secure the participation of workers in the management of industries
Raise the level of nutrition and the standard of living of people and to improve public health
: These principles are based on Gandhian ideology used to represent the programme of reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the state to:
Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government
Promote cottage industries on an individual or cooperation basis in rural areas
Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation

 

Prohibit the consumption of intoxicating drinks and drugs which are injurious to health
Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:
Secure for all citizens a throughout the country
Provide early childhood care and education for all children until they complete the age of six years. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made elementary education a fundamental right under Article 21 A.)
Organise agriculture and animal husbandry on modern and scientific lines
Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance

 

Separate the judiciary from the executive in the public services of the State

Directive Principles of State Policy’s notes about its classification is important for UPSC 2024  and aspirants should learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act , 1976 added four new Directive Principles to the list:

1 To secure opportunities for the healthy development of children
2 To promote equal justice and to provide free legal aid to the poor
3 To take steps to secure the participation of workers in the management of industries
4 To protect and improve the environment and to safeguard forests and wildlife

Facts about Directive Principles of State Policy:

  • A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to minimise inequalities in income, status, facilities and opportunities.
  • The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21A . The amended directive requires the State to provide early childhood care and education for all children until they reach the age of 14 years.
  • A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to cooperative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
  • The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive Principles of State Policy:

  • It has no legal force
  • It is illogically arranged
  • It is conservative in nature
  • It may produce constitutional conflict between centre and state

What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can understand the relationship between Fundamental Rights and Directive Principles of State Policy:

Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs of Indian Constitution, the provisions of the former would prevail. DPSPs were regarded as a subsidiary of Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through a constitutional amendment act to implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the Directives.

Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive Principles of State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring that it has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two provisions:

  • No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b)22 and (c)23 shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly, movement, etc) or Article 31 (right to property).
  • No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

Kesavananda Bharti Case (1973)

Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of Article 31C constitutional and valid.

Result: Through the 42nd Amendment Act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd Amendment Act unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘ the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles .’

Supreme Court’s rulings following the case were:

  • Fundamental Rights and DPSPs constitute the core of the commitment to social revolution.
  • The harmony and balance between Fundamental Rights and Directive Principles of State Policy is an essential feature of the basic structure of the Constitution.
  • The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights.

Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive Principles can be implemented. The Parliament can amend the Fundamental Rights to implement the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

Directive Principles of State Policy – Facts relevant for UPSC Prelims

The table below mentions a few specific points about DPSPs that aspirants can get help from, for the UPSC exam :

What is its full form? Directive Principles of State Policy
From which country is it borrowed? Ireland (Which had copied it from Spanish Constitution)
How many articles are under DPSP? Article 36-51 belong to DPSP
Which part in Indian Constitution deals with DPSP? Part-IV belongs to DPSP
How many types of DPSPs are there? There are three types:

1.      Socialist

2.      Gandhian

3.      Liberal-Intellectual

Have Directive Principles ever amended? Yes, the 42 Amendment Act, 44 Amendment Act, and 86 Amendment Act have added/deleted a few DPSPs.
Are DPSPs justiciable? No, DPSPs are non-justiciable in nature.
Are DPSPs sub-ordinate to Fundamental Rights? There is a balance between both. Fundamental Rights can be amended to implement Directive Principles until it does not harm the basic structure of the Constitution.
Who described DPSP as ‘novel feature’ of Constitution?
From where do Indian DPSPs find their motivation? Irish Home Rule Movement
What are the recent developments in favour of DPSPs? There are various such acts enacted to enforce DPSP. They are:

Multiple Choice Question

Consider the following Statements

  • Through the 42nd Amendment Act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.
  • Fundamental Rights can be amended to implement Directive Principles until it does not harm the basic structure of the Constitution.
  • Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deal with Fundamental Rights.
  • Political Democracy is established in India with the help of Fundamental Rights given in the Constitution of India whereas Economic and Social Democracy is established with the help of Directive Principles of State Policy.

Choose the correct answer from the below-given options

A) Only statements 3 and 4 are true.

B) All the above-given statements are true.

C) Only statements 2, 3 and 4 are true.

D) Only statements 1, 3 and 4 are true.

Candidates can find the general pattern of the UPSC Exams by visiting the UPSC CSE Syllabus post . 

Frequently Asked Questions about Directive Principles of State Policy (DPSP)

What are the four categories of directive principles of state policy, what are the principles of dpsp, what is the main aim of the directive principles, how is the directives principal of state policy related to article 40, how many articles are there under dpsp, what are the three types of directive principles.

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Directive Principles of Our State Policy: Part IV (Articles 36-51)

Last updated on August 16, 2023 by Alex Andrews George

Directive Principles of State Policy

Directive Principles of State Policy are a set of guidelines or principles enshrined in Part IV (Articles 36 to 51) of the Constitution of India. Unlike fundamental rights, which are justiciable and can be enforced by the courts, Directive Principles are non-justiciable. This means that they are not legally enforceable by the courts, but they serve as important guidelines for the government in formulating policies and laws. Read here to know them in detail.

Part IV of the Indian Constitution deals with the Directive Principles of our State Policy (DPSP).

The provisions contained in this Part cannot be enforced by any court, but these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution. While most of the Fundamental Rights are negative obligations on the state, DPSPs are positive obligations on the state, though not enforceable in a court of law.

Table of Contents

Directive Principles of State Policy (DPSP)

The Directive Principles of State Policy aim to promote the welfare of the people, ensure social and economic justice, and create a just and equitable society. They provide a framework for the government to strive towards achieving certain socio-economic goals, even though they may not be immediately attainable due to various constraints.

  • While the Directive Principles themselves are not legally enforceable, they are considered fundamental in the governance of the country.
  • They guide the formulation of policies and laws by the government and are taken into consideration by the legislature while enacting laws.
  • Over the years, many judicial decisions and legislative measures have been influenced by the spirit of the Directive Principles.
  • The balance between fundamental rights and Directive Principles is essential for creating a just and equitable society that respects individual freedoms while striving for the welfare of all citizens.

Some of the key principles outlined in the DPSP include:

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  • Equal Pay for Equal Work: Ensuring that men and women receive equal pay for equal work .
  • Right to Work, Education, and Public Assistance in Certain Cases: Ensuring opportunities for work, education, and public assistance, particularly for marginalized sections of society.
  • Provision of Adequate Means of Livelihood: Ensuring that the citizens have the means to earn a livelihood that is adequate and sustainable.
  • Equal Justice and Free Legal Aid: Ensuring that justice is accessible to all and that free legal aid is provided to those who cannot afford it.
  • Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled Tribes, and Other Weaker Sections: Ensuring the development and protection of marginalized communities.
  • Protection of Monuments and Places of National Importance: Preserving cultural heritage and historical sites.
  • Promotion of International Peace and Security: Pursuing policies that contribute to international peace and security.
  • Uniform Civil Code: Striving to secure for the citizens a uniform civil code throughout the territory of India.
  • Protection of the Environment: Promoting sustainable development and protecting the environment.

DPSP in detail

Article 36: definition.

In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III .

Article 37: Application of the principles contained in this Part

The provisions contained in this Part shall not be enforced by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Article 38: State to secure a social order for the promotion of the welfare of the people

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic, and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities, and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Article 39: Certain principles of policy to be followed by the State

The State shall, in particular, direct its policy towards securing –

(a) that the citizen, men, and women equally, have the right to an adequate means of livelihood; (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;  (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men, and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; (f) that children are given opportunities and facilities to develop in a healthy manner and conditions of freedom and dignity and that childhood and youth are protected against exploitation and moral and material abandonment.

Article 39A: Equal justice and free legal aid

The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities.

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: Right to work, education, and public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.

Article 42: Provision for just and humane conditions of work and maternity relief

The State shall make provisions for securing just and humane conditions of work and for maternity relief.

Article 43: Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavor to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43A: Participation of workers in the management of industries

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 organizations engaged in any industry.

Article 43B: Promotion of cooperative societies

The State shall endeavor to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

This Article was not a part of the Constitution of India 1950 and was inserted by the Constitution (Ninety-seventh Amendment) Act, 2011 . It directs the State to promote the democratic functioning of cooperative societies.

Article 44: Uniform civil code for the citizen

The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Article 45: Provision for free and compulsory education for children

The State shall endeavor to provide, within ten years from the commencement of this Constitution , for free and compulsory education for all children until they complete the age of fourteen years.

Article 46: Promotion of educational and economic Interests of Scheduled Castes, Scheduled Tribes, and other weaker sections

The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes , and shall protect them from social injustice and all forms of exploitation.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

Article 48: Organization of agriculture and animal husbandry

The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife

The State shall endeavor to protect and improve the environment and safeguard the forests and wildlife of the country.

Article 49: Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal, or export, as the case may be.

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 endeavor to –

(a) promote international peace and security; (b) maintain just and honorable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized people with one another; and (d) encourage settlement of international disputes by arbitration.

Amendments to DPSP

The DPSP has been amended four times.

  • 42nd Amendment 1976: It added four new directive principles- Article 39, Article 39A, Article 43A, and Article 48A.
  • 44th Amendment 1978: The 44th Amendment Act of 1978 created a new DPSP under Article 38, which mandates the State to reduce inequalities in income, status, facilities, and opportunities.
  • 86th Amendment 2002: It altered Article 45’s subject matter, and under Article 21A, basic education became a fundamental right.
  • 97th Amendment 2011: The 97th Amendment Act of 2011 created a new DPSP for cooperative societies under Article 43B.

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assignment on directive principles of state policy

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Reader Interactions

assignment on directive principles of state policy

September 15, 2016 at 6:03 am

assignment on directive principles of state policy

April 3, 2018 at 10:07 pm

Can you tell me,why Directive principles of state policy ‘S provisions shall not be enforceable in any court?

assignment on directive principles of state policy

October 29, 2018 at 7:09 am

These are morals like things for state. But legally might not be binding anyone nd always not possible to follow.

assignment on directive principles of state policy

December 20, 2018 at 2:37 pm

As the name suggests..this are the guidelines which means they are suggestions for better governance,since they are suggestions which means it comes with choice to use them or don’t use them. So they can not be challenged… Moreover India at Independence did not had enough resources to take the burden of fundamental rights and dpsp together.. because of it the constitutional assembly opted for it’s nature to be non justiciable.

assignment on directive principles of state policy

February 21, 2019 at 11:52 pm

Because our economy is not big as we need. State or Central government can’t give all these facilities to the people of India at a time. It will take many years.

assignment on directive principles of state policy

April 23, 2019 at 7:38 pm

Because the DPSP is just a recommendation to the state government to implement or create schemes which was added by the law makers thats why it was not enforced and we can’t file case in courts to get DPSP rights (sorry i don’t know that much english)

January 11, 2021 at 5:26 am

because in some cases govt. can not have such resources to give all provisions to public like employment , if it should be enforcable in any court than there should be a lot of cases in courts regarding employment, social and economic case . to remove these case it is not enforcable in courts .

August 8, 2021 at 1:32 am

Bcz these are not guaranteed as fundamental right so these are not enforceable against the state on the court.

assignment on directive principles of state policy

September 12, 2021 at 9:41 am

beacuse it’s implementation cost more money but in india economic condition is not good for how thew implement it and if it is enforcible in court then everyone go to court for not implementing it by government.that’s why it is not enforcible in court😊

October 1, 2023 at 12:29 pm

because the assembly thought that the policies will turn out of date in future and they found unnecessary to add this ….

March 15, 2024 at 9:30 pm

Because the directive principles itself says under Article 37 that it is not enforceable in any court 🤣

May 1, 2018 at 4:00 pm

Very useful nice good

assignment on directive principles of state policy

August 22, 2018 at 11:34 am

it shall be the duty of the State to apply these principles in making laws.

assignment on directive principles of state policy

December 20, 2018 at 10:30 pm

Very nice question The main reason behind left DPSP unenforced. If once it became enforced then it become legal obligation upon the state to bring into conformity. So that it is left only for directive’s and compulsion.

assignment on directive principles of state policy

December 29, 2018 at 12:18 pm

DPSP outside part IV i.e. Article 350 to 351 missing in this article.

February 23, 2019 at 5:22 pm

Thank you sir….this is very useful for upsc aspirants.. I’m also n IAS aspirant…

July 16, 2019 at 7:50 am

A Lengring sort of regime can’t be able to implement these norms.

assignment on directive principles of state policy

September 7, 2019 at 4:13 pm

Can the government of the day be taken to task for not implementing DPs? Why?

September 25, 2019 at 7:37 pm

Super sir….. It’s really a nice article It is very very very helpful to us …

assignment on directive principles of state policy

November 25, 2020 at 12:05 am

It’s better to understand. Good.

assignment on directive principles of state policy

February 15, 2021 at 4:12 pm

Can you tell me an example of the Article 43?

assignment on directive principles of state policy

February 15, 2021 at 4:15 pm

Can anyone tell me an example of the Article 43??

Nice Explanation,but could have given an example for all the articles. Just a small example would have been more easy to understand! Can you tell an example only for 43 at least???

Please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

November 26, 2021 at 6:27 am

The Directive Principles of State Policy is the basic sole of Our constitution which directs the law makers of our Nation to enact laws to ensure equal ownership of entire citizens on national wealth and resources, to ensure equality in providing justice, facilities and protection of health, life and human rights of citizens equally. If the DPSP become enforceable through court of law, pro-corporate law-makers who want to convert the national wealth and resources into personal properties of few individuals, would not have scope to make laws to curtail the rights and facilities of other citizens to be treated them inferior in grade or as slaves, deviating from socialist concept of freedom that will transform India again into capitalist monarchy.

August 23, 2022 at 9:30 pm

Very useful Thank u sir

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Directive Principles of State Policy (DPSPs)

directive principles of state policy

The Directive Principles of State Policy (DPSP) , as a unique feature of the Indian Constitution, aims to guide the nation toward the establishment of a just and equitable society . Embodying the ideals of social and economic democracy, they serve as a compass for the governance of the country. This article of NEXT IAS aims to study the Directive Principles of State Policy (DPSP), its meaning, constitutional provisions, classification, features, significance, criticism, and other related aspects.

What is Directive Principles of State Policy (DPSPs)?

The Directive Principles of State Policy , in the context of India, refers to a set of guidelines or principles contained in the Indian Constitution .

They denote the ideals that the governments in India, both Central as well as State , should keep in mind while formulating policies and enacting laws.

They constitute a very comprehensive socio-economic and political program that would aid in achieving socio-economic justice and setting the foundation for a modern and welfare state.

directive principles of state policy

Constitutional Provisions Related to DPSPs

Articles 36 to 51 in Part IV of the Indian Constitution contain detailed provisions regarding the Directive Principles of State Policy (DPSPs) .

The idea of the Directive Principles of State Policy (DPSP) in the Indian Constitution has been

Features of the Directive Principles of State Policy

The salient features of the Directive Principles of State Policy (DPSP) in the Indian Constitution are as follows:

  • Constitutional Instructions: They denote the constitutional instructions to the State in dealing with legislative, executive, and administrative matters. Thus, they serve as ideals to be kept in mind by the state while formulating policies and enacting laws.
  • Non-Justiciable: Unlike the Fundamental Rights, which are legally enforceable, the DPSPs are non-justiciable. Thus, they are not legally enforceable by the courts for their violation and the governments cannot be compelled to implement them.
  • Aimed at Welfare State: They aim at realizing the ideals of Justice, Liberty, Equality, and Fraternity as envisaged in the Preamble to the Indian Constitution . Thus, they embody the concept of a ‘Welfare State’.
  • Aimed at Socio-Economic Democracy: They constitute very comprehensive economic, social, and political programs that seek to establish socio-economic democracy in the country. Thus, they aim to establish a modern democratic state.
  • Promote Good Governance: They allow for adaptation and innovation in governance to meet the objectives of socio-economic development. Thus, they promote good governance practices.
  • Resemblance to ‘Instrument of Instructions’: As noted by Dr. Ambedkar , they resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
  • As ruled by the Supreme Court, in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle , it may consider such law to be ‘reasonable’ in relation to Article 14 (Equality before Law and Equal Protection of Laws) or Article 19 (Protection of Six Freedoms).


described the Directive Principles of State Policy as of the Indian Constitution.
has described the Directive Principles of State Policy and Fundamental Rights as the ‘Conscience of the Constitution’.

DPSPs under the Indian Constitution – a Detailed Overview

The provisions related to the DPSPs, as mentioned in Articles 36 to 51 in Part IV of the Indian Constitution are described in detail as follows.

Definition of State (Article 36)

As per Article 36 , the term ‘State’ in Part IV (DPSP) has the same meaning as in Part III (Fundamental Rights). Thus, the term ‘State’ for the purpose of Part IV (DPSP) includes the following:

  • The Government and Parliament of India i.e. the executive and legislative organs of the Union Government.
  • The Government and Legislature of States i.e. the executive and legislative organs of the State Government.
  • All local authorities i.e. municipalities, panchayats, district boards, improvement trusts, etc.
  • All other public authorities in the country.

Application of Principles Contained in Part IV (Article 37)

As per Article 37 , the provisions contained in Part IV (DPSP) shall not be enforceable by any court, nevertheless, these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

The rest of the provisions related to the DPSP are mentioned in detail in the sections that follow.

Classification of Directive Principles of State Policy

Though the Constitution has not classified the Directive Principles, based on their content and orientation, they can be classified into three broad categories:

Socialistic Principles

Gandhian principles.

  • Liberal-Intellectual Principles.

Embodying the ideology of socialism, these principles lay down the framework of a democratic socialist state. Overall, they strive to establish a welfare state by providing for social and economic justice.

ArticlesDescriptionRelated Initiatives Taken
To promote the welfare of the people by securing a social order permeated by justice—social, economic, and political—and to minimize inequalities in income, status, facilities, and opportunities.– Pradhan Mantri Awas Yojana
– Public Distribution System
– MNREGA
– Establishment of the National Commission of Schedule Castes (NCSC)
– Establishment of the National Commission of Schedule Tribes (NCST)
To secure
– The right to adequate means of livelihood for all citizens,
– The equitable distribution of material resources of the community for the common good,
– Prevention of concentration of wealth and means of production,
– Equal pay for equal work for men and women,
– Preservation of the health and strength of workers and children against forcible abuse,
Opportunities for the healthy development of children.
– Maternity Benefit Law
– Integrated Child Development Scheme
– Minimum Wages Act of 1948
– Equal Remuneration Act of 1976
– Rural Livelihood Mission, and Urban Livelihood Mission
– Promotion of Self-Help Groups (SHGs)
– Mission Indradhanush
To promote equal justice and to provide free legal aid to the poor.– National Legal Services Authority
– Pro Bono Legal Service
– Nyaya Mitra Scheme
To secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.– National Social Assistance Program- Annapurna.
– MGNREGA Act of 2005
– Persons with Disabilities Act of 1995
– Maintenance and Welfare of Parents and Senior Citizen Act 2007
To make provision for just and humane conditions of work and maternity relief.– PM Maitritva Vandana Yojana
– Maternity Benefit Act of 2017
To secure a living wage, a decent standard of living, and social and cultural opportunities for all workers.– 4 Labour Codes
– MGNREGA Act
– Social Security Act of 2008
– Atmanirbhar Bharat Rojgar Yojana
To take steps to secure the participation of workers in the management of industries.– Labour Laws such as Factories Act 1948, Industrial Dispute Act 1947, Contract Labour Act 1970, etc.
– Trade Union Act of 1926
– Amalgamation of Labor Courts
To raise the level of nutrition and the standard of living of people and to improve public health.– National Food Security Act of 2013
– Poshan Abhiyan
– One Nation One Ration Card

These principles are based on the Gandhian ideology and represent the program of reconstruction enunciated by Gandhi during the national movement.

ArticlesSubject-MatterRelated Initiatives Taken
To organize village panchayats and endow them with the necessary powers and authority to enable them to function as units of self-government.– 73rd and 74th Constitutional Amendment Act 1992
– Panchayats (Extension to Scheduled Areas) Act 1996
To promote cottage industries on an individual or cooperative basis in rural areas.– Khadi and Village Handloom Boards
– Khadi and Village Industries Commission (KVIC)
To promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.– Establishment of the Ministry of Cooperation
– Yuva Sahakar-Cooperative Enterprise Support and Innovation Scheme 2019
– 97th Constitutional Amendment, 2011
– National Cooperative Development Corporation Act, 1962
To promote the educational and economic interests of SCs, STs, and other weaker sections of society and to protect them from social injustice and exploitation.– National Historic Preservation Act of 1966
– The Ancient Monuments and Archaeological Sites and Remains Act of 1958
– Antiquities and Art Treasure Act of 1972
To prohibit the consumption of intoxicating drinks and drugs that are injurious to health.– Doctrine of Separation of Powers is a part of the Basic Structure of the Constitution
– Independence of Judiciary is a part of the Basic Structure of the Constitution
To prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds.– Non-Alignment Movement (NAM)
– Panchsheel Doctrine
– UN Peacekeeping Operations

Liberal–Intellectual Principles

These principles reflect the ideology of liberalism:

ArticlesSubject-MatterRelated Initiatives Taken
To secure for all citizens a Uniform Civil Code throughout the country.– Special Marriage Act of 1954
– Hindu Code Bill of 1956
To provide early childhood care and education for all children until they complete the age of six years.– Integrated Child Protection Scheme
– Beti Bachao Beti Padhao Scheme
To organize agriculture and animal husbandry on modern and scientific lines.– e-NAM
– Soil Health Card Scheme
– Rashtriya Gokul Mission
To protect and improve the environment and to safeguard forests and wildlife.– Indian Forest Act of 1927
– Wildlife (Protection) Act of 1972
– Environment (Protection) Act of 1986
– Biological Diversity Act of 2002
– Green India Mission
To protect monuments, places, and objects of artistic or historic interest which are declared to be of national importance.– National Historic Preservation Act of 1966.
– The Ancient Monuments and Archaeological Sites and Remains Act of 1958
– Antiquities and Art Treasure Act of 1972.
To separate the judiciary from the executive in the public services of the State.– Doctrine of Separation of Powers is a part of the Basic Structure of the Constitution
– Independence of Judiciary is a part of the Basic Structure of the Constitution
– To promote international peace and security and maintain just and honourable relations between nations.
– To foster respect for international law and treaty obligations and
– To encourage the settlement of international disputes by arbitration.
– Non-Alignment Movement (NAM)
– Panchsheel Doctrine 
– UN Peacekeeping Operations

New Directive Principles of State Policy

The list of Directive Principles , as contained in the original constitution, has undergone some changes over the period of time. Various constitutional amendments have added some new Directive Principles to the original list. Also, some existing Directive Principles were modified through constitutional amendments.

These changes and developments can be seen as follows:

The 42nd Amendment Act of 1976

The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. The new Directive Principles added by this Constitutional Amendment are listed below:

ArticlesSubject Matter
To secure opportunities for the healthy development of children.
To promote equal justice and to provide free legal aid to the poor.
To take steps to secure the participation of workers in the management of industries.
To protect and improve the environment and to safeguard forests and wildlife.

The 44th Amendment Act of 1978

The 44th Amendment Act of 1978 added one new Directive Principle as shown below:

ArticleSubject-Matter
To minimize inequalities in income, status, facilities, and opportunities.

The 86th Amendment Act of 2002

The 86th Constitutional Amendment Act of 2002 made two changes w.r.t. DPSPs:

  • Changed the subject matter of Article 45. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
  • Made elementary education a Fundamental Right under Article 21A.

The 97th Amendment Act of 2011

The 97th Amendment Act of 2011 added a new Directive Principle as listed below:

ArticleSubject-Matter
To promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Why Directive Principles Were Made Non-Justiciable in Nature?

The framers of the Constitution deliberately kept the Directive Principles of the State Policy non-justiciable . Some of the prominent reasons behind this are as follows:

  • Two Categories of Rights: The discussions and debates in the Constituent Assembly led to the decision that the rights of an individual should be divided into two categories – Justiciable (incorporated in the form of the Fundamental Rights ) and Non-Justiciable (incorporated in the form of the Directive Principles ).
  • Insufficient Financial Resources: At the time of independence, the nation lacked adequate financial resources to fully implement them.
  • Foreseen Hurdles: The presence of immense diversity and socio-economic backwardness across the country were seen as significant challenges to their effective implementation.
  • Therefore, the Constitution makers opted for flexibility in determining when, where, and how to implement these principles.

Criticism of Directive Principles of State Policy

  • Non-Justiciability: The non-justiciable character of the DPSPs means that most of them have remained merely as ‘pious declarations’.
  • Illogically Arranged: DPSPs are neither properly classified nor logically arranged based on a consistent philosophy. The way they are arranged mixes up relatively unimportant issues with the most vital socio-economic issues and modern issues with old issues.
  • Conservative in Nature: Critics argue that the Directives are mostly based on the political philosophy of 19th-century England and are not suitable for 21st-century India.
  • Ignoring Social Realities: Some argue that DPSPs fail to address the complexities of India’s diverse socio-economic realities , resulting in policies that may not effectively address the needs of all citizens.
  • Between Center and the States – The Center can give directions to the state governments regarding the implementation of these principles, and in case of non-compliance, can dismiss the concerned state government.
  • Between the President and Parliament – The President may reject a bill that violates any DPSP.
  • Between the Governor and State Legislature – The Governor of a state may reject a bill that violates any DPSP.
  • Conflict with Fundamental Rights: Some DPSPs often conflict with Fundamental Rights, creating challenges of balancing competing interests.

Utility of Directive Principles of State Policy

Despite some criticisms, the Directive Principles hold significance and utility for the following reasons:

  • Instrument of Instructions: They function as “Instruments of Instructions” or general recommendations to all authorities within the Indian Union, and remind them of the aim of building a new socio-economic order.
  • Framework for State Actions: They constitute the overarching framework, guiding all actions (legislative and executive) undertaken by the State.
  • Aid Judiciary: They help the judiciary in determining the constitutional validity of a law. Thus, they act as guiding lights to the courts.
  • Help Realize Constitutional Objectives: They elaborate upon and aim to realize the ideals envisaged in the Preamble – Justice, Liberty, Equality, and Fraternity – for all citizens of India.
  • Stability and Consistency in Policies: They facilitate stability and consistency in both domestic and foreign policies across political, economic, and social spheres.
  • Supplement Fundamental Rights: They supplement the fundamental rights by filling the vacuum in Part III by providing for social and economic rights.
  • Help Realize Socio-Economic Democracy: By striving to establish socio-economic democracy, these principles create a conducive environment for citizens to enjoy their fundamental rights fully and properly.
  • Help Measure Government Performance: They serve as parameters to measure the performance of the government. Thus, they aid the citizens as well as the opposition examine the policies and programs of the government.

Challenges in Implementation of DPSPs

  • Lack of Accountability: Due to their non-binding nature, critics argue that there is a lack of accountability in ensuring compliance with DPSPs, allowing governments to neglect their obligations.
  • Political Expediency: There is criticism that governments often prioritize short-term political gains over the long-term objectives outlined in DPSPs, undermining their significance.
  • Inadequate Financial Resources: Lack of sufficient financial resources is one of the prominent reasons holding the government from the fuller implementation of the DPSP.
  • Population Explosion: Ever-increasing population of the country is breeding various new socio-economic issues, which need priority attention. Thus, the implementation of DPSP keeps on taking a backseat.
  • Strained Center-State Relations: Inadequate spirit of cooperative federalism results in a lack of coordination and cooperation between the Center and the States for the implementation of DPSP.

Conflict Between Directive Principles and Fundamental Rights

Implementing some of the Directive Principles might require the state to impose restrictions on certain Fundamental Rights. This means that the State has to impose restrictions on justiciable rights (Fundamental Rights) to implement non-justiciable rights (DPSP). This contradiction has led to a conflict between the two since the commencement of the Constitution.

The evolution of the conflict between Fundamental Rights and DPSP , over the years, can be seen as follows:

  • It declared that the Directive Principles act as a subsidiary of the Fundamental Rights.
  • However, it held that Fundamental Rights could be amended by the Parliament only by enacting Constitutional Amendment Acts.
  • It meant that the Fundamental Rights could not be amended for implementation of Directive Principles.
  • It declared that the Parliament can take away or abridge any of the Fundamental Rights through a Constitutional Amendment Act under Article 368.
  • No law which seeks to implement DPSP contained in Article 39 (b) and (c) shall be void on the ground of contravention of Fundamental Rights under Article 14, Article 19 and Article 31.
  • No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.
  • Kesavananda Bharati vs. the State of Kerala (1973): In this case, the Supreme Court declared the second provision of Article 31C as unconstitutional. It, however, upheld the first provision of Article 31C.
  • Thus, it sought to accord supremacy to all DPSPs over Fundamental Rights under Articles 14, 19, and 31.
  • Thus, the Directive Principles were once again made subordinate to the Fundamental Rights. However, the Directive Principles specified in Article 39 (b) and (c) were accepted as having supremacy over the Fundamental Rights conferred by Article 14 and Article 19.
  • 44th Constitutional Amendment Act (1978): It abolished Article 31 (Right to Property).
  • The Fundamental Rights enjoy supremacy over DPSP.
  • However, DPSP contained in Articles 39 (b) and (c) enjoy supremacy over Fundamental Rights under Articles 14 and 19.
  • Parliament can amend Fundamental Rights for implementing a DPSP so long as the amendment does not destroy the basic structure of the Constitution.

Difference Between Fundamental Rights and Directive Principles of State Policy

Fundamental RightsDirective Principles
These are negative as they prohibit the State from doing certain things.These are positive as they require the State to do certain things.
These are justiciable in nature.These are non-justiciable in nature.
They aim to establish political democracy in the country.They aim to establish social and economic democracy in the country.
These have legal sanctions.These have moral and political sanctions.
They are individualistic in nature as they promote the welfare of the individual.They are societarian in nature as they promote the welfare of the community.
They are automatically enforced and hence do not require any legislation for their implementation.They are not automatically enforced, and require legislation for their implementation.
The courts can declare a law unconstitutional and invalid if it violates any of the Fundamental Rights.The courts cannot declare a law unconstitutional and invalid if it violates any of the Directive Principles. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.

In conclusion, the Directive Principles of State Policy (DPSP) aim to realize the ideals of Justice, Liberty, Equality, and Fraternity as outlined in the preamble of the Constitution. Thus, they embody the concept of a welfare state. It is because of this significance that Dr Ambedkar has called the DPSP the ‘novel features’ of the Indian Constitution.

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Special Report: Directive Principles of State Policy

  • 25 Jan 2023
  • 18 min read
  • GS Paper - 2
  • Indian Constitution
  • Constitutional Amendments
  • Fundamental Rights
  • Directive Principles of State Policy
  • Judgements & Cases

For Prelims: Directive Principles of State Policy (DPSP), Fundamental Rights (FRs).

For Mains: Directive Principles of State Policy (DPSP), Difference Between Fundamental Rights (FRs) and DPSP, Acts and Amendments Associated with DPSP.

The Directive Principles of State Policy (DPSP) aims at ensuring socio-economic justice for the people and establishing India as a welfare state.

  • The founding fathers of the Indian constitution were aware of the fact that an independent India was going to face many challenges. After colonial rule for almost 200 years, the country was left with widespread poverty, hunger and deep-rooted socio-economic inequalities.
  • The framers of the Constitution felt that specific policy directions guidelines or instructions for the country's governance were required to handle these problems.

What are Directive Principles of State Policy (DPSP)?

  • Part IV of the Constitution of India (Article 36–51) contains the DPSP.
  • Article 37 of the Indian Constitution States about the application of the Directive Principles.
  • The directive principles contained in the Indian constitution are taken from the Irish Constitution. The Irish themselves had however taken the ideas from the constitution of Spain.
  • Similar guidelines were provided in the form of instruments of instruction in the government of India Act of 1935.
  • They lay down a code of conduct for the legislatures, executives and administrators of India to discharge their responsibilities in tune with these ideas.
  • Legal Actions & Government Policies: Directive principles embody the aspirations of people objectives and ideals that the Union and the State governments must bear in mind while making laws and formulating policies.
  • Philosophy of Social Justice: The directive principles are the life-giving provisions of the constitution. They represent the philosophy of social justice incorporated in the constitution of India although directive principles are not legally binding by any court however, they are fundamental in the governance of the country.

What are the Different Directive Principles?

The Directive Principles are classified on the basis of their ideological source and objectives . These are Directives based on:

  • Article 38: The state shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic and political justice and by minimizing inequalities in income status facilities and opportunities.
  • the right to an adequate means of livelihood to all citizens
  • the ownership and control of material resources shall be organized in a manner to serve the common good
  • the state shall avoid concentration of wealth in few hands
  • equal pay for equal work for both men and women
  • the protection of the strength and health of workers
  • childhood and youth shall not be exploited
  • Article 41: It talks about securing the right to work, to education and to public assistance in case of unemployment, old age, sickness and disability.
  • Article 42: The state shall make Provisions for securing just and humane conditions of work and for maternity relief.
  • Article 43: The state shall Endeavor to secure to all workers a living wage and a decent standard of life
  • Article 43A: The state shall take steps to secure the participation of workers in the management of Industries
  • Article 47: To raise the level of nutrition and the standard of living of people to improve Public Health
  • Article 40: The state shall take steps to organize village panchayats as units of self-government.
  • Article 43B: It focuses on the promotion of voluntary formation, autonomous functioning,democratic control and professional management of Cooperative societies.
  • Article 46: The state shall promote the educational and economic interests of the weaker sections of the people, particularly that of Scheduled Castes (SCs) , Scheduled Tribes (STs) and other weaker sections.
  • Article 47 : The state shall take steps to improve public health and prohibit the consumption of intoxicating drinks and drugs that are injurious to health meanwhile
  • Article 48: To prohibit the slaughter of cows , calves and other milch and draught cattle and to improve their breeds.
  • Article 44: The state shall Endeavor to secure for the citizen a Uniform Civil Code through the territory of India.
  • Article 45: It focuses on providing early childhood care and education for all children until they complete the age of six years.
  • Article 48A: It aims at protecting and improving the environment and to safeguard the forest and wildlife of the country.
  • Article 49: The state shall protect every monument a place of artistic or historic interest.
  • Article 50: The state shall take steps to separate Judiciary from the Executive in the Public Services of the state.
  • Maintain just and honourable relations with the nations.
  • Foster respect for international law and treaty obligations.
  • Encourage settlement of international disputes by arbitration.

What are the Related Amendments?

For amending the DPSP Constitutional amendment is required and it has to be passed by the special majority of both houses of Parliament . Post-independence there have been a number of amendments to the Constitution and some of them relate to these directives.

  • Article 39A: To provide free legal aid to the poor
  • Article 43A: For the participation of workers in the management of industries
  • Article 48A: To protect and improve the environment
  • It also eliminated the right to property from the list of fundamental rights.
  • 86 th Amendment Act of 2002: It changed the subject matter of article 45 and made Elementary education a fundamental right under Article 21A.

What is the Difference between Fundamental Rights and DPSP?

  • FRs are legally binding but DPSP are not legally binding, it means that a person can appeal to the court of law if his/her FRs are violated but people cannot appeal to the court if the government does not implement the directive principles.
  • FRs are negative or prohibitive in nature because they put limitation on the state on the contrary directive principles are affirmative directions as they declare the duty of the state to achieve certain social and economic objectives.
  • FRs established liberal political democracy in India however directive principles make India a welfare state.
  • FRs protect the interest of the individual while DPSP seek to promote socio-economic equality and particularly provide safeguards to weaker and vulnerable sections of the society.

What are the Different Judgements Related to DPSP and FRs?

There has been a long-round debate that in case of conflict between the FRs 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.

  • In this case, the Supreme Court ruled that in case of any conflict between the FRs 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.
  • In this case, the Supreme Court declared that FRs could not be amended by Parliament even for implementation of directive principles.
  • 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.
  • 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.

What are the Acts and Amendments Associated with DPSP?

  • Abolition of intermediaries like zamindars, Jagirdars, Inamdars, etc
  • Tenancy reforms like security of tenure, fair rents, etc
  • Imposition of ceilings on land holdings
  • Distribution of surplus land among the landless labourers
  • Cooperative farming
  • The Minimum Wages Act (1948), Code on Wages, 2020
  • The Contract Labour Regulation and Abolition Act (1970)
  • Renamed as the Child and Adolescent Labour Prohibition and Regulation Act, 1986 in 2016.
  • The Bonded Labour System Abolition Act (1976)
  • The Mines and Minerals (Development and Regulation) Act, 1957
  • The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have been made to protect the interests of women workers.
  • Three tier ‘ Panchayati Raj System’ was introduced at the Village, Block and District level in almost all parts of the country.
  • Cottage Industries: To promote cottage industries as per Article 43, the government has established several Boards such as Village Industries Board, Khadi and Village Industries Commission , All India Handicraft Board , Silk Board , Coir Board, etc., which provide essential help to cottage industries in finance and marketing.
  • Introduced by the 86 th Constitutional Amendment and subsequently passed the Rights to Education Act 2009 , Elementary Education has been accepted as Fundamental Right of each child between the 6 to 14 years of age.
  • Rural Area Development: Programmes such as the Community Development Programme (1952), Integrated Rural Development Programme (1978-79) and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-2006) were launched to raise the standard of living particularly in rural areas, as stated in the Article 47 of the Constitution.
  • Health : Central Government sponsored schemes like Pradhan Mantri Gram Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM) are being implemented to fulfill the social sector responsibility of the Indian State.
  • The Water and Air Pollution Control Acts have provided for the establishment of the Central Pollution Control Board.
  • Heritage Preservation: The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958) has been enacted to protect the monuments, places and objects of national importance.

UPSC Civil Services Examination Previous Year’s Questions (PYQs)

Q1. Which part of the Constitution of India declares the ideal of Welfare State? (2020)

(a) Directive Principles of State Policy (b) Fundamental Rights (c) Preamble (d) Seventh Schedule

Q2. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/ reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)

  • 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

Q3. With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? (2020)

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

(a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only

Q1 . ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (2021)

Q2. “Parliament’s power to amend the Constitution is limited power and it cannot be enlarged into absolute power.” In light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (2019)

assignment on directive principles of state policy

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assignment on directive principles of state policy

Directive Principles Of State Policy (DPSP) under the Indian Constitution

directive principles meaning

The article is written by Lokesh Vyas, pursuing law from Institute of Law Nirma University. The article discusses the concept of Directive Principles of State Policy and its relevance and implementation in the current legal scenario. The article tries to answer that whether Non-Justiciability hampers the implementation.

Directive principles of state policy (DPSP) have been in vogue since India got independence. Its contravention with the Fundamental Rights (FR) has been the point of contention in the courts. The non-justiciability of DPSPs has always been a moot point in India legal system. DPSPs are the non-justiciable part of the Constitution which suggests that a person cannot enforce them in the Court.

DPSPs: Its Genesis, and its Meaning

The Concept of DPSP is not an indigenous one. Our Constitution makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of State Policies. To understand the meaning of the directive principle of state policy, we need to understand the meaning of each word i.e. Directive + principle + state + policy which suggest that these are the principles that direct the state when it makes policies for its people . These DPSPs act as a guideline for the state and are needed to be taken into consideration while coming up with any new law but a citizen cannot compel the state to follow DPSPs.

assignment on directive principles of state policy

List of DPSPs under Indian Constitution

Article 36 Defines State as same as Article 12 unless the context otherwise defines.
Article 37 Application of the Principles contained in this part.
Article 38 It authorizes the state to secure a social order for the promotion of the welfare of people.
Article 39 Certain principles of policies to be followed by the state.
Article 39A Equal justice and free legal aid.
Article 40 Organization of village panchayats.
Article 41 Right to work, to education and to public assistance in certain cases.
Article 42 Provision for just and humane conditions of work and maternity leaves.
Article 43 Living wage etc. for workers.
Article 43-A Participation of workers in management of industries.
Article 43-B Promotion of cooperative societies.
Article 44 Uniform civil code for the citizens.
Article 45 Provision for early childhood care and education to children below the age of six years.
Article 46 Promotion of education and economic interests of SC, ST, and other weaker sections.
Article 47 Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
Article 48 Organization of agriculture and animal husbandry.
Article 48-A Protection and improvement of environment and safeguarding of forests and wildlife.
Article 49 Protection of monuments and places and objects of national importance.
Article 50 Separation of judiciary from the executive.
Article 51 Promotion of international peace and security.

Reflection of Preamble

The Preamble of the Constitution is called the key to the mind of the drafters of the Constitution. It lays down the objectives that our Constitution seeks to achieve. Many scholars believe that DPSPs is the kernel of the Constitution. The Directive Principles of the State Policy (DPSPs) lay down the guidelines for the state and are reflections of the overall objectives laid down in the Preamble of Constitution. The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs are incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity. Moreover, it also embodies the idea of the welfare state which India was deprived of under colonial rule.

DPSPs and its Intricacies

Constitution Drafters divided rights of the citizen into two parts i.e., Justiciable and Non Justiciable part. Part III of the Constitution was made Justiciable and the non-justiciable part was added in Part IV (Article 36 to Article 51) of the Indian Constitution. This part is called the Directive Principles of State Policy.

DPSPs are positive obligations on the state. DPSPs were not made justiciable because India did not have sufficient financial resources. Moreover, its backwardness and diversity were also a hindrance in implementing these principles at that time. At the time of the drafting of the Constitution, India was a newly born independent state and was struggling with other issues and making DPSPs justiciable would have put India in great difficulty.

assignment on directive principles of state policy

Article 37 defines the nature of DPSP. It states that DPSPs are not enforceable in the courts but at the same time, it defines DPSPs as a duty of the state. Moreover, the same Article defines DPSPs as principles that are fundamental to the governance of any country. It shows the relevance and significance of DPSPs in the constitution and in the governance of a country.

Enforceability of DPSPs

Many times the question arises that whether an individual can sue the state government or the central government for not following the directive principles enumerated in Part IV. The answer to this question is in negative. The reason for the same lies in Article 37 which states that:

“ The provisions contained in this Part shall not be enforceable by any court , but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.”

Therefore by the virtue of this Article no provision of this part can be made enforceable in the court of law thus these principles cannot be used against the central government or the state government. This non-justiciability of DPSPs make the state government or the central government immune from any action against them for not following these directives.

Another question arises that whether Supreme Court or High Court can issue the writ of mandamus if the state does not follow the directive principles. The literal meaning of mandamus is “to command.” It is a writ which is issued to any person or authority who has been prescribed a duty by the law.This writ compels the authority to do its duty.

The Writ of mandamus is generally issued in two situations. One is when a person files writ petition or when the Court issues it suo moto i.e. own motion. As per Constitutional Principles, a Court is not authorized to issue the writ of mandamus to the state when the Directive Principles are not followed because the Directive Principle is a yardstick in the hand of people to check the performance of government and not available for the courts. But the Court can take suo moto action when the matter is of utmost public importance and affect the large interest of the public.

Fundamental Rights are the legal obligation of the state to respect, whereas the DPSPs is the moral obligation of the state to follow. Article 38 lay down the broad ideals which a state should strive to achieve. Many of these Directive Principles have become enforceable by becoming a law. Some of the DPSPs have widened the scope of Fundamental Rights.

assignment on directive principles of state policy

DPSPs and Fundamental Rights

The compatibility between Fundamental Rights and DPSPs have always been contentious. The applicability of both the concepts need to be understood because if the Constitution is a coin then Fundamental Rights and DPSPs are two facades of that coin.

On the one hand Part III i.e. Fundamental Rights limit the power of government and restrains the state from making any law which contravenes the interests of its people, on the other hand, Part IV helps the state in making a law which harmonizes the interest of its people. Both Fundamental rights and Directive Principles of State Policy hold equal relevance and significance in the current legal scenario and cannot overlook each other. Many people argue that DPSPs are useless because of its non-justiciability but we need to understand that these are not only the guiding principles but also lay down the broad objectives and ideals that India strives to achieve.

Judicial Pronouncements

The question that whether Fundamental Rights precedes DPSPs or latter takes precedence over former has been the subject of debate for years. There are judicial pronouncements which settle this dispute.

of Madras vs Champakan (AIR 1951 SC 226) (see here ) , the Apex Court was of the view that if a law contravenes a Fundamental right, it would be void but the same is not with the DPSPs. It shows that Fundamental rights are on a higher pedestal than DPSPs.

In Kerala Education Bill (1957) ( 1959 1 SCR 995) (see here ) Court said that in case of conflict between Fundamental Right and DPSPs, the principle of harmonious construction should be applied. But still after applying the doctrines of interpretation, there is a conflict between fundamental right and DPSPs, then the former should be upheld.

In Venkataraman v. State of Madras ( 1966 AIR 1089 ) (see here ), Court gave precedence to Fundamental rights over DPSPs.

In I. C. Golaknath & Ors vs State Of Punjab & Anr. ( 1967 AIR 1643), (see here ) The Court was of the view that Fundamental rights cannot be curtailed by the law made by the parliament. In furtherance of the same the Court also said that if a law is made to give effect to Article 39(b) and Article 39(c) which come under the purview of DPSPs and in the process the law violates Article 14, Article 19 or Article 31, the law cannot be declared as unconstitutional and void merely on the ground of said contravention.

The 42nd Constitution Amendment widened the scope of Article 31C to cover all the directive principles laid down in the Constitution. Prior to the Amendment Article 31C saved only those laws which gave effect to the Directive Principles of State Policy specified in Article 39(b) and 39(c).

In Keshavnanda Bharati vs the State of Kerala (1973) 4 SCC 225), (see here ) The Apex Court placed DPSPs on the higher pedestal than Fundamental Rights. Ultimately in the case of Minerva Mills vs Union of India ( AIR 1980 SC 1789 ) (see here ), the question before the court was whether the directive principles of State policy enshrined in Art IV can have primacy over the fundamental rights conferred by Part III of the Constitution. The court held that the doctrine of harmonious construction should be applied because neither of the two has precedence to each other. Both are complementary therefore they are needed to be balanced.

In Unnikrishnan vs State of Andhra Pradesh ( 1993 SCC (1) 645 ) (see here ) The Court was of the view that Fundamental Rights and Directive Principles are not exclusive to each other therefore they should not be read in exclusion. Moreover, the Court said that the Fundamental Rights are the means through which the goals enumerated in Part IV are achieved.

DPSPs and Amendments

For amending the Directive Principles of State Policies, the Constitutional amendment is required. It has to be passed by the special majority of both the houses of the Parliament. Post-independence there have been number of amendments to the constitution and some of them are pertaining to DPSPs.

Beginning with the 42nd Constitutional Amendment 1976 , it made four changes in DPSPs. Firstly, it amended Article 39 which obligates the state to secure a social order for the promotion of the welfare of the people. Moreover, it added Article 39-A which makes it the duty of the state to provide for equal justice and free legal aid. By the virtue of this Article, Parliament came up with the law called the Legal Services Authorities Act, 1987. It also added Article 48A which deals with the protection and improvement of environments. The Water Pollution, Air Pollution, Environmental Pollution Acts, The Forest Act etc demonstrate the application of the principles laid down in Article 48A.

44th Constitutional Amendment, 1978 added Article 38 clause (2) which directs the state to minimize inequalities in income, to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

73rd Constitutional Amendment, 1992 which brought Panchayats in Part IX of the Constitution had its genesis in Article 40 of the constitution. It deals with the Organization of village Panchayats.

86th Constitutional Amendment, 2002 inserted Article 21-A in the Constitution of India. It provides Right to free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right. The roots of this amendment are in Article 41 which talks about Right to work, to education and to public assistance in certain cases.

97th Constitutional Amendment 2011 added Article 43-B it authorizes the state to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies.

DPSP and its Implementation

Although the implementation of the principles laid down in Part IV are not directly visible yet there are a plethora of laws and government policies which reflect the application of the principle of Part IV. In the Judicial History of India, many laws and legal provisions were created by judicial reasoning. In such cases, DPSPs played a very vital role and the courts took the directive principles into consideration very cautiously.

Policies like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) get their authority from Article 39(a) which talks about the right to adequate means of livelihood. Laws such as the Child Labour (Prohibition and Regulation) Act 1986 bolster the canons of Article 39(g) which deals with the protection of children.

Laws pertaining to prohibition of slaughter of cows and bullocks get their sanctity from Article 48 which deals with the organization of agriculture and husbandry. Laws such as Workmen Compensation Act, Minimum Wages Act, Industrial Employment (Standing Orders) Act, The Factories Act, Maternity Benefit Act depict the implementation of Article 41, Article 42 and Article 43A.

Government Policies such as Integrated Rural Development Program (IRDP) , Integrated Tribal Development Program (ITDP), and Pradhan Mantri Gram Sadak Yojana etc. are the reflections of the principle objectives enumerated in Article 47 which talks about raising the standard of living and to improve public health.

In the end, all these laws and policies try to achieve goals and principle given in Article 38 i.e. the creation of welfare state.

Importance of DPSPs for an Indian citizen

Regardless of the non-justiciable nature of DPSPs, a citizen should be aware of them. As the Article 37 itself describes these principles as fundamental in the governance of the country . The objective of the DPSPs is to better the social and economic conditions of society so people can live a good life. Knowledge of DPSPs helps a citizen to keep a check on the government.

A citizen can use DPSPs as a measure of the performance of the government and can identify the scope where it lacks. A person should know these provisions because ultimately these principles act as a yardstick to judge the law that governs them. Moreover, it also constrains the power of the state to make a draconian law. Through various judicial pronouncements, it is settled principle now that balancing DPSPs and Fundamental rights is as important as maintaining the sanctity of Fundamental Rights. Non following a directive principle would directly or indirectly affect the Fundamental Right which is considered as one of the most essential parts of the Constitution.

This Article tries to prove that the relevance and significance of DPSPs cannot be overlooked only on the basis of its non-justiciability. Our constitutional drafters did not add these provisions just for the sake of existence, rather they added these principles to facilitate the governance of the country. They added this part to meet the main objectives and the ultimate goal of a country. Moreover, after looking at the above-mentioned information, it would be wrong to say that DPSPs are not implemented. Every policy and law that the state comes up with has to meet the standards of Part IV. Thus, even after being non-justiciable, they hold equal relevance and significance as Fundamental rights or any other provision of the Constitution.

  • Articles Related to Directive Principles of State Policy by Hemant Pratap Singh. ( https://www.jagranjosh.com/general-knowledge/articles-related-to-directive-principles-of-state-policy-1474442764-1 ) accessed 2 May 2018
  • Directive Principles of State Policy (DPSP), ( http://www.iasscore.in/upsc-prelims/directive-principles-state-policy-fundamental-duties ) accessed 2 May 2018
  • Directive Principles of State Policy (DPSP), ( https://www.gktoday.in/academy/article/directive-principles-of-state-policy/#Sources_of_DPSP ) accessed 2 May 2018
  • Directive Principles of State Policy (DPSP): Amendment, Sanctions, and Criticism, ( https://aspirantforum.com/2016/06/27/directive-principles-of-state-policy-amendment-sanctions-criticism/ ) accessed 3 May 2018
  • Constituent assembly debate on Directive Principles of State Policy by Surabhi Rao,( http://logos.nationalinterest.in/2014/07/constituent-assembly-debate-on-directive-principles-of-state-policy/ ) accessed 2 May 2018
  • Scope of Enforcement of DPSPs by Aakanksha Bhola, ( https://www.lawctopus.com/academike/scope-of-enforcement-of-dpsps/#_edn6 ) accessed 2 May 2018
  • Fundamental Rights and Directive Principles ( https://www.lawteacher.net/free-law-essays/administrative-law/fundamental-rights-and-directive-principles-administrative-law-essay.php?vref=1 ) accessed 3 May 2018

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COMMENTS

  1. Directive Principles of State Policy (DPSP) - BYJU'S

    Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State Policy (DPSP). Borrowed from Irish Constitution, DPSPs are of three types - Gandhian, Socialistic, Liberal-Intellectual. Download Directive Principles of State Policy notes PDF for IAS Exam.

  2. Directive Principles of State Policy - iPleaders Blog

    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.

  3. Directive Principles of State Policy (DPSP)

    Directive Principles of State Policy. Judgements & Cases. Introduction. Background: The source of the concept of Directive Principles of State Policy (DPSP) is the Spanish Constitution from which it came in the Irish Constitution. The concept of DPSP emerged from Article 45 of the Irish Constitution.

  4. Directive Principles of State Policy (DPSP)

    Directive Principles of State Policy (DPSP) drishtiias.com/printpdf/directive-principles-of-state-policy-dpsp. Introduction. Background: The source of the concept of Directive Principles of State Policy (DPSP) is the Spanish Constitution from which it came in the Irish Constitution.

  5. Directive Principles of Our State Policy: Part IV (Articles ...

    Directive Principles of State Policy are a set of guidelines or principles enshrined in Part IV (Articles 36 to 51) of the Constitution of India. Unlike fundamental rights, which are justiciable and can be enforced by the courts, Directive Principles are non-justiciable.

  6. Directive Principles of State Policy (DPSPs) - Next IAS

    The Directive Principles of State Policy (DPSP), as a unique feature of the Indian Constitution, aims to guide the nation toward the establishment of a just and equitable society. Embodying the ideals of social and economic democracy, they serve as a compass for the governance of the country.

  7. Special Report: Directive Principles of State Policy

    The Directive Principles of State Policy (DPSP) aims at ensuring socio-economic justice for the people and establishing India as a welfare state. The founding fathers of the Indian constitution were aware of the fact that an independent India was going to face many challenges.

  8. Directive Principles of State Policy (DPSP) Under the Indian ...

    The Directive Principles of the State Policy (DPSPs) lay down the guidelines for the state and are reflections of the overall objectives laid down in the Preamble of Constitution. The expression “Justice- social, economic, political” is sought to be achieved through DPSPs.

  9. 36 Directive Principles of State Policy - Oxford Academic

    I. Introduction. The Directive Principles of State Policy (‘DPSPs’) occupy an ambiguous place in our constitutional scheme. They are framed as a set of obligations upon the State. Nonetheless, the constitutional text expressly renders them unenforceable.

  10. Directive Principles - Wikipedia

    Both the Fundamental Rights and the Directive Principles of State Policy were included in the I Draft Constitution (February 1948), the II Draft Constitution (17 October 1948) and the III and final Draft Constitution (26 November 1949), prepared by the Drafting Committee.