DPSP – Socialist Principles

Definition: 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:

Article Promote the welfare of the people by securing a social

38 order through justice—social, economic and political—and
to minimise inequalities in income, status, facilities and
opportunities

Article Secure citizens:

39
● Right to adequate means of livelihood for all citizens
● 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

Article Promote equal justice and free legal aid to the poor
39A
Article In cases of unemployment, old age, sickness and
41 disablement, secure citizens:

● Right to work
● Right to education
● Right to public assistance

Article Make provision for just and humane conditions of work

42 and maternity relief

Article Secure a living wage, a decent standard of living and

43 social and cultural opportunities for all workers

Article Take steps to secure the participation of workers in the

43A management of industries

Article Raise the level of nutrition and the standard of living of

47 people and to improve public health

DPSP – Gandhian Principles

Definition: 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:

Article Organise village panchayats and endow them with

40 necessary powers and authority to enable them to
function as units of self-government

Article Promote cottage industries on an individual or co-

43 operation basis in rural areas

Article Promote voluntary formation, autonomous functioning,

43B democratic control and professional management of co-
operative societies

Article Promote the educational and economic interests of SCs,

46 STs, and other weaker sections of the society and to
protect them from social injustice and exploitation

Article Prohibit the consumption of intoxicating drinks and drugs

47 which are injurious to health

Article Prohibit the slaughter of cows, calves and other milch

48 and draught cattle and to improve their breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under

various articles, they direct the state to:
Articl Secure for all citizens a uniform civil code throughout the
e 44 country

Articl Provide early childhood care and education for all children
e 45 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.)

Articl Organise agriculture and animal husbandry on modern and

e 48 scientific lines

Articl Protect monuments, places and objects of artistic or

e 49 historic interest which are declared to be of national
importance

Articl Separate the judiciary from the executive in the public

e 50 services of the State

Articl ● Promote international peace and security and

e 51 maintain just and honourable relations between
nations
● Foster respect for international law and treaty
obligations
● Encourage settlement of international disputes by
arbitration
Directive Principles of State Policy’s notes about its classification is
important for UPSC 2023 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 in the list:

S.N Article New DPSPs

o

1 Article To secure opportunities for the healthy

39 development of children

2 Article To promote equal justice and to provide free legal

39A aid to the poor

3 Article To take steps to secure the participation of

43A workers in the management of industries

4 Article To protect and improve the environment and to

48A safeguard forests and wildlife

Facts about Directive Principles of State Policy:

1. 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.
2. 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 complete
the age of 14 years.
3. A new DPSP under Article 43B was added by the 97th Amendment
Act of 2011 relating to co-operative societies. It requires the state to
 promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.
4. 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:
1. It has no legal force
2. It is illogically arranged
3. It is conservative in nature
4. 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, the provisions of the former would prevail. DPSPs were
regarded to run as a subsidiary to Fundamental Rights. SC also ruled that
Parliament can amend Fundamental Rights through 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 for implementing the Directive
Principles, so long as the amendment does not damage or destroy the
basic structure of the Constitution.