Directive Principles of State Policy | 05 Oct 2023

Introduction

The Directive Principles of State Policy (DPSP) are certain guidelines enshrined in
Articles 36-51 which are contained in Part IV of the Constitution of India, 1950 (COI)
to manage the governance of India.
They show the path towards establishing the welfare state.
The objective of incorporating DPSP into the Constitution is to establish a political
democracy rather than social or economic democracy.
The concept was borrowed from Irish Constitution.
Dr. B. R. Ambedkar, known as the Architect of the COI terms it as a ‘Novel Feature’.

Historical Background of Directive Principles of State Policy

They were enshrined in the Government of India Act, 1935 as the instrument of
instruction
In the year 1945 the Sapru Committee gave a suggestion to segregate the rights among
justiciable and non-justiciable in nature.
Justiciable rights are Fundamental rights whereas non-justiciable rights are
DPSP.

Features of Directive Principles of State Policy

Promulgate socio-economic justice.

Code of conduct for three branches of governance namely Legislative, Executive and
Judiciary.
Non-justiciable in nature
Aim of Welfare of People
Aid in the policy formation
Supplement Fundamental Rights
Not backed with legal sanction

Classification of Directive Principles of State Policy

DPSP have not been classified by the COI but on the basis of their ideological source
and objectives, they are usually classified into the following three types-
Socialist Principles
Gandhian Principles
Liberal and Intellectual Principles

Socialist Principles

Article 38 – The state shall strive to promote social order by ensuring social,
economic and political justice and eradicating the inequalities in income, status,
facilities and opportunities.
Article 39 – The state shall direct policy towards securing:
Adequate means of livelihood to all the citizens equally.
Distribution of ownership and control of material resources for common good.
No concentration of wealth
Equal pay for equal work
Protection of health and strength of worker
 Development of children in healthy manner and avoid exploitation of the
children
Article 39A - 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 by reason of economic or other
disabilities.
Article 41 – The state shall endeavor to secure the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and disablement.
Article 42 – The state shall endeavor to establish humane conditions of work and
maternity relief.
Article 43 – The state shall endeavor to secure living wages and ensure a decent
standard of life for all its citizens.
Article 43A – The state shall strive to protect the participation of workers in the
management of undertakings, establishments or other organizations engaged in any
industry.
Article 47 – The state shall endeavor to promote public health, raise the level of
nutrition and standard of living of people.

Gandhian Principles

Article 40 – The state shall endeavor to take steps to organize village panchayat as
units of Local Self Government.
Article 43 – The state shall strive to promote the cottage industry on an individual
and cooperative basis.
Article 43B - To promote 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 the Scheduled Castes (SCs),
Scheduled Tribes (STs) and other weaker sections.
Article 47 - The State shall opt measures improve public health and prohibit
consumption of intoxicating drinks and drugs that are injurious to health.
Article 48 – The state shall restrict the slaughter of cows, calves, and other milch
and draught cattle and improve their breeds.

Liberal and Intellectual Principle

Article 44 - The state shall strive to establish for the citizens a Uniform Civil Code
throughout the territory of India.
Article 45 - The state shall endeavor to provide early childhood care and education
for all children until they reach the age of six years.
Article 48 - The state shall endeavor to organize agriculture and animal husbandry
on modern and scientific lines.
Article 48A - The state shall endeavor to protect and improve the environment and
to safeguard the forests and wildlife of the country.
Article 49 - The State shall protect every monument or 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.
Article 51 - It declares that to establish international peace and security the State
shall endeavor to:
a. Maintain just and honorable relations with the nations.
b. Foster respect for international law and treaty obligations.
c. Encourage settlement of international disputes by arbitration.
Amendments to the Directive Principles of State Policy

Several new articles have been added to guide the state for good governance.
The amendments and incorporated articles are mentioned below:

42nd Amendment Act,1976

Article 39: To secure opportunities for healthy development of children

Article 39A: To provide free legal aid to the poor.
Article 43A: To take steps to ensure participation of workers in management of
Industries.
Article 48A: To protect and improve the environment.

44th Amendment Act,1978

Article 38: to minimize inequalities in income, status, facilities and opportunities.

86th Amendment Act, 2002

The substance of Article 45 was changed and Article 21A included the right to
elementary education as a fundamental right.

97th Amendment Act, 2011

The concept of cooperative societies was added under Article 43B .

Landmark Case laws

The court of law interpreted the nature in the following judgments:

Champakam Dorairajan v. the State of Madras (1951) - The Supreme Court stated
that the DPSP are subsidiary to Fundamental Rights and in case of a conflict
Fundamental Rights will prevail.
Golaknath v. the State of Punjab (1967) - The Supreme Court held that Fundamental
Rights cannot be amended by any act of parliament even for the implementation of
DPSP.
Kesavananda Bharati v the State of Kerala (1973) - Provision of article 31C, which
provided immunity to laws giving effect to DPSP was declared null and void.
Unni Krishnan v. State of A.P. (1993) - Fundamental Rights and DPSP are
supplementary and complementary to each other.

Criticism of Directive Principles of State Policy

Non-justiciable nature
Illogically Arranged
Conflicting in nature
Might lead to vagueness
Orthodoxy

Conclusion

The significance of DPSPs cannot be looked down upon just because it is not
enforceable in any court of law.
These principles were added to facilitate the governance and smooth functioning of
the country.
It was added to meet the main objectives and the goal of a country, i.e., to work for the
welfare of its citizens.