The Directive Principles of State Policy, commonly called DPSP, are constitutional directions given to the State.
They guide the government while making laws, policies and administrative decisions.
They are mentioned in Part IV of the Indian Constitution from Article 36 to Article 51.
Table of Contents
Meaning Of Directive Principles Of State Policy
DPSPs are ideals that the State should keep in mind while governing the country.
They aim to create a welfare state, where the government works for social justice, economic equality, public health, education, labour welfare, rural development and international peace.
These principles are not directly enforceable in court, but they are fundamental to governance.
Source Of DPSP
The Directive Principles of State Policy were borrowed from the Irish Constitution.
The Irish Constitution had taken this idea from the Spanish Constitution.
DPSPs also resemble the Instruments of Instructions mentioned in the Government of India Act, 1935.
Importance Of DPSP
DPSPs are important because they reflect the social and economic goals of the Constitution.
They aim to realise the ideals of:
- Justice
- Liberty
- Equality
- Fraternity
Together with Fundamental Rights, DPSPs contain the philosophy of the Constitution.
Nature Of Directive Principles
Directive Principles are affirmative directions to the State.
They tell the State what it should do to improve society.
Fundamental Rights, on the other hand, are mostly negative or prohibitive in nature because they limit the power of the State.
DPSP Vs Fundamental Rights
| Basis | Fundamental Rights | Directive Principles |
|---|---|---|
| Part | Part III | Part IV |
| Articles | Articles 12 to 35 | Articles 36 to 51 |
| Nature | Mostly negative or prohibitive | Positive and affirmative |
| Enforceability | Enforceable by courts | Not enforceable by courts |
| Aim | Political democracy | Social and economic democracy |
| Focus | Individual rights | Welfare of society |
Are DPSPs Justiciable?
No.
DPSPs are non-justiciable.
This means they cannot be directly enforced by courts.
However, Article 37 says that these principles are fundamental in the governance of the country and it is the duty of the State to apply them while making laws.
Classification Of Directive Principles
Directive Principles are usually classified into three groups:
- Socialistic Principles
- Gandhian Principles
- Liberal-Intellectual Principles
Article 36 – Definition Of State
Article 36 gives the meaning of State for Part IV.
It uses the same definition as Article 12.
This includes the Government of India, Parliament, State Governments, State Legislatures, local authorities and other authorities.
Article 37 – Application Of DPSP
Article 37 says that DPSPs are not enforceable by any court.
But they are fundamental in the governance of the country.
The State must apply them while making laws.
Socialistic Principles
Socialistic Principles aim to establish social and economic justice.
They focus on reducing inequality, protecting workers, helping the poor and creating fair living conditions.
Article 38 – Welfare Of The People
Article 38 directs the State to promote the welfare of the people by securing a social order based on:
- Social justice
- Economic justice
- Political justice
It also directs the State to reduce inequalities in income, status, facilities and opportunities.
The provision relating to reduction of inequalities was strengthened by the 44th Constitutional Amendment Act, 1978.
Article 39 – Principles Of Policy
Article 39 directs the State to secure:
- Adequate means of livelihood for all citizens.
- Equitable distribution of material resources for the common good.
- Prevention of concentration of wealth and means of production.
- Equal pay for equal work for men and women.
- Protection of workers and children from abuse.
- Healthy development of children.
The clause relating to healthy development of children was added by the 42nd Constitutional Amendment Act, 1976.
Article 39A – Equal Justice And Free Legal Aid
Article 39A directs the State to promote equal justice and provide free legal aid to the poor.
It was added by the 42nd Constitutional Amendment Act, 1976.
Article 41 – Right To Work, Education And Public Assistance
Article 41 directs the State to provide:
- Right to work.
- Right to education.
- Public assistance in cases of unemployment, old age, sickness and disablement.
This is subject to the economic capacity and development of the State.
Article 42 – Humane Work Conditions And Maternity Relief
Article 42 directs the State to provide:
- Just and humane conditions of work.
- Maternity relief.
This is connected with labour welfare and protection of women workers.
Article 43 – Living Wage For Workers
Article 43 directs the State to secure for all workers:
- Living wage.
- Decent standard of life.
- Social and cultural opportunities.
It also supports cottage industries.
Article 43A – Workers’ Participation In Management
Article 43A directs the State to secure participation of workers in the management of industries.
It was added by the 42nd Constitutional Amendment Act, 1976.
Article 43B – Co-operative Societies
Article 43B directs the State to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
It was added by the 97th Constitutional Amendment Act, 2011.
Gandhian Principles
Gandhian Principles are based on the ideas of Mahatma Gandhi.
They focus on village self-government, rural economy, weaker sections, cottage industries, prohibition and animal welfare.
Article 40 – Organisation Of Village Panchayats
Article 40 directs the State to organise village panchayats.
It aims to make Panchayats units of self-government.
This principle was later strengthened through the 73rd Constitutional Amendment Act, 1992.
Article 43 – Cottage Industries
Article 43 also directs the State to promote cottage industries on an individual or co-operative basis in rural areas.
This reflects Gandhian emphasis on village economy and self-reliance.
Article 46 – Protection Of SCs, STs And Weaker Sections
Article 46 directs the State to promote the educational and economic interests of:
- Scheduled Castes
- Scheduled Tribes
- Other weaker sections
It also directs the State to protect them from social injustice and exploitation.
Article 47 – Nutrition, Public Health And Prohibition
Article 47 directs the State to raise the level of nutrition and standard of living.
It also directs the State to improve public health and work toward prohibition of intoxicating drinks and harmful drugs.
Article 48 – Agriculture And Animal Husbandry
Article 48 directs the State to organise agriculture and animal husbandry on modern and scientific lines.
It also directs the State to preserve and improve breeds and prohibit the slaughter of cows, calves and other milch and draught cattle.
Liberal-Intellectual Principles
Liberal-Intellectual Principles focus on legal reform, education, environment, heritage, judiciary and international relations.
Article 44 – Uniform Civil Code
Article 44 directs the State to secure a Uniform Civil Code for citizens throughout India.
This means common civil laws for matters like marriage, divorce, inheritance and adoption.
Article 45 – Early Childhood Care And Education
Article 45 directs the State to provide early childhood care and education for children below the age of 6 years.
Earlier, it dealt with free and compulsory education for children.
After the 86th Constitutional Amendment Act, 2002, education for children aged 6 to 14 years became a Fundamental Right under Article 21A.
Article 48A – Protection Of Environment
Article 48A directs the State to protect and improve the environment.
It also directs the State to safeguard forests and wildlife.
It was added by the 42nd Constitutional Amendment Act, 1976.
Article 49 – Protection Of Monuments
Article 49 directs the State to protect monuments, places and objects of artistic or historic importance.
Article 50 – Separation Of Judiciary From Executive
Article 50 directs the State to separate the judiciary from the executive in public services of the State.
This helps protect judicial independence.
Article 51 – International Peace And Security
Article 51 directs the State to:
- Promote international peace and security.
- Maintain just and honourable relations between nations.
- Respect international law and treaty obligations.
- Encourage settlement of international disputes by arbitration.
Important Articles At A Glance
| Article | Directive Principle |
|---|---|
| Article 36 | Definition of State |
| Article 37 | DPSPs are fundamental in governance but non-justiciable |
| Article 38 | Welfare of people and reduction of inequalities |
| Article 39 | Livelihood, equal pay, distribution of resources, protection of workers and children |
| Article 39A | Equal justice and free legal aid |
| Article 40 | Organisation of village panchayats |
| Article 41 | Right to work, education and public assistance |
| Article 42 | Humane work conditions and maternity relief |
| Article 43 | Living wage and cottage industries |
| Article 43A | Workers’ participation in management |
| Article 43B | Co-operative societies |
| Article 44 | Uniform Civil Code |
| Article 45 | Early childhood care and education |
| Article 46 | Welfare of SCs, STs and weaker sections |
| Article 47 | Nutrition, standard of living and public health |
| Article 48 | Agriculture and animal husbandry |
| Article 48A | Environment, forests and wildlife |
| Article 49 | Protection of monuments |
| Article 50 | Separation of judiciary from executive |
| Article 51 | International peace and security |
Important Amendments Related To DPSP
| Amendment | DPSP Impact |
|---|---|
| 42nd Amendment Act, 1976 | Added Article 39A, Article 43A and Article 48A |
| 44th Amendment Act, 1978 | Strengthened Article 38 by adding reduction of inequalities |
| 86th Amendment Act, 2002 | Changed Article 45 and made education for 6 to 14 years a Fundamental Right under Article 21A |
| 97th Amendment Act, 2011 | Added Article 43B on co-operative societies |
Fundamental Rights And DPSP
There has been debate over the relationship between Fundamental Rights and DPSP.
Fundamental Rights are enforceable, while DPSPs are not enforceable.
But both are important for the Constitution.
Minerva Mills Case, 1980
In the Minerva Mills Case, 1980, the Supreme Court held that the Constitution is based on balance between Fundamental Rights and DPSP.
The Court said both are like two wheels of a chariot.
Giving absolute priority to one over the other would disturb constitutional harmony.
This balance is part of the basic structure of the Constitution.
Present Position
At present, Fundamental Rights enjoy legal supremacy over DPSP because they are enforceable.
But Parliament can amend Fundamental Rights to implement DPSP, as long as the amendment does not damage the basic structure of the Constitution.
Directives Outside Part IV
Some directive-like provisions are outside Part IV.
These include:
- Article 335 – Claims of Scheduled Castes and Scheduled Tribes to services.
- Article 350A – Instruction in mother tongue at primary stage.
- Article 351 – Development of Hindi language.
These directives are also non-justiciable.
Implementation Of Directive Principles
Several laws, schemes and policies have been made to implement DPSP.
Land Reforms
States passed land reform laws to improve the condition of rural people.
Major measures included:
- Abolition of zamindars, jagirdars and inamdars.
- Tenancy reforms.
- Ceiling on land holdings.
- Distribution of surplus land among landless labourers.
- Co-operative farming.
Labour Reforms
Several labour laws were enacted to protect workers.
Examples include:
- Minimum Wages Act, 1948.
- Code on Wages, 2020.
- Contract Labour (Regulation and Abolition) Act, 1970.
- Child Labour (Prohibition and Regulation) Act, 1986.
- Bonded Labour System (Abolition) Act, 1976.
- Maternity Benefit Act, 1961.
- Equal Remuneration Act, 1976.
Panchayati Raj
The 73rd Constitutional Amendment Act, 1992 helped fulfil Article 40.
It introduced a three-tier Panchayati Raj system at:
- Village level
- Block level
- District level
Cottage Industries
To promote cottage industries under Article 43, institutions such as Khadi and Village Industries Commission and various handicraft and village industry boards were established.
Education
The State implemented free and compulsory education principles through constitutional and legal measures.
The 86th Amendment Act, 2002 and the Right to Education Act, 2009 made elementary education a Fundamental Right for children aged 6 to 14 years.
Rural Development
Several rural development programmes reflect DPSP goals.
Examples include:
- Community Development Programme, 1952.
- Integrated Rural Development Programme, 1978-79.
- Mahatma Gandhi National Rural Employment Guarantee Act, 2006.
Health
Government schemes such as the National Rural Health Mission were introduced to improve public health and fulfil social sector responsibilities.
Environment
Environmental protection has been supported through laws such as:
- Wildlife (Protection) Act, 1972.
- Forest (Conservation) Act, 1980.
- Environment (Protection) Act, 1986.
Water and air pollution control laws also helped establish the Central Pollution Control Board.
Heritage Preservation
The Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1958 was enacted to protect monuments and objects of national importance.
Important Facts At A Glance
| Topic | Important Fact |
|---|---|
| Part | Part IV |
| Articles | Articles 36 to 51 |
| Borrowed from | Irish Constitution |
| Nature | Non-justiciable |
| Aim | Welfare state |
| Classification | Socialistic, Gandhian, Liberal-Intellectual |
| Article 37 | Fundamental in governance |
| Article 40 | Village Panchayats |
| Article 44 | Uniform Civil Code |
| Article 48A | Environment protection |
| Article 50 | Separation of judiciary from executive |
| Article 51 | International peace and security |
| Key case | Minerva Mills Case, 1980 |
FAQs On Directive Principles Of State Policy
Which Part of the Constitution contains DPSP?
DPSPs are contained in Part IV of the Constitution.
Which Articles deal with Directive Principles of State Policy?
DPSPs are mentioned from Article 36 to Article 51.
From which country were DPSPs borrowed?
DPSPs were borrowed from the Irish Constitution.
Are DPSPs enforceable by courts?
No. DPSPs are non-justiciable, meaning they cannot be directly enforced by courts.
What does Article 37 say?
Article 37 says DPSPs are not enforceable by courts, but they are fundamental in the governance of the country.
What are the three types of DPSP?
DPSPs are classified into Socialistic, Gandhian and Liberal-Intellectual principles.
Which Article deals with Uniform Civil Code?
Article 44 deals with Uniform Civil Code.
Which Article deals with village panchayats?
Article 40 directs the State to organise village panchayats.
Which Article deals with equal justice and free legal aid?
Article 39A deals with equal justice and free legal aid.
Which Article deals with environment protection?
Article 48A deals with protection and improvement of environment, forests and wildlife.
Which amendment added Article 48A?
Article 48A was added by the 42nd Constitutional Amendment Act, 1976.
Which case discussed balance between Fundamental Rights and DPSP?
The Minerva Mills Case, 1980 held that balance between Fundamental Rights and DPSP is part of the basic structure of the Constitution.
Last Moment Exam Cheat Sheet – Directive Principles Of State Policy
- Part IV – Directive Principles of State Policy.
- Articles 36 to 51 – DPSP provisions.
- Borrowed from – Irish Constitution.
- Irish Constitution copied it from – Spanish Constitution.
- Nature – Non-justiciable.
- Article 37 – DPSPs are fundamental in governance.
- Classification – Socialistic, Gandhian, Liberal-Intellectual.
- Article 38 – Welfare of people and reduction of inequalities.
- Article 39 – Equal pay, livelihood, resources, child and worker protection.
- Article 39A – Equal justice and free legal aid.
- Article 40 – Organisation of village panchayats.
- Article 41 – Work, education and public assistance.
- Article 42 – Humane work conditions and maternity relief.
- Article 43 – Living wage and cottage industries.
- Article 43A – Workers’ participation in management.
- Article 43B – Co-operative societies.
- Article 44 – Uniform Civil Code.
- Article 45 – Early childhood care and education below 6 years.
- Article 46 – Welfare of SCs, STs and weaker sections.
- Article 47 – Nutrition, public health and prohibition.
- Article 48 – Agriculture and animal husbandry.
- Article 48A – Environment, forests and wildlife.
- Article 49 – Protection of monuments.
- Article 50 – Separation of judiciary from executive.
- Article 51 – International peace and security.
- 42nd Amendment, 1976 – Added Articles 39A, 43A and 48A.
- Minerva Mills Case, 1980 – Balance between Fundamental Rights and DPSP is basic structure.