Directive Principles
The Directive Principles of State Policy of India are the guidelines to be followed by the
government of India for the governance of the country. They are not enforceable by any
court, but the principles laid down there are considered "Fundamental" in the governance of
the country, which makes it the duty of the State[1]( The term "State" includes all authorities
within the territorial periphery of India: the Government of India, the Parliament of India, the
Government and legislature of the states of India. To avoid confusion with the term states and
territories of India, State (encompassing all the authorities in India) has been capitalized, and the
term state is in lower case.) to apply these principles in making laws to establish a just society
in the country. The principles have been inspired by the Directive Principles given in the
Constitution of Ireland which are related to social justice, economic welfare, foreign
policy, and legal and administrative matters.
Directive Principles are classified under the following categories: Economic and Socialistic,
Political and Administrative, Justice and Legal, Environmental, Protection of Monuments,
Peace and Security
Indians, who were seeking independence from British rule and their own government, were
particularly influenced by the independence of Ireland from British rule and the development
of the Irish constitution. Also, the Directive Principles of State Policy in the Irish Constitution
were looked upon by the people of India as an inspiration for the independent Indian
Government to comprehensively tackle complex social and economic challenges across a
vast, diverse nation and population.
Directive Principles are affirmative directions and are non - justiciable. However, this does
not mean that they are subordinate to fundamental rights; Fundamental Rights and
Directive Principles go hand in hand. Article 37 of the Constitution of India talks about the
application of Directive Principles provided under Article 36 to Article 51.
The directive principles ensure that the State[1] shall strive to promote the welfare of the
people by securing a social order in which social, economic and political justice is
animated/informed in all institutions of life as per Article 38. They also aim to establish social
and economic democracy through a welfare state.
OR
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.( Article 45 of the Irish
Constitution.)
Dr. B. R. Ambedkar, known as the Architect of the COI terms it as a ‘Novel Feature’.
Article 37 of the Indian Constitution States about the application of the
Directive Principles.
These principles aim at ensuring socioeconomic justice to the people
and establishing India as a Welfare State.
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.
o 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
Fundamental Rights Vs DPSP:
Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it
protects the rights of a citizen and work at a macro level.
DPSP consists of all the ideals which the State should follow and keep in mind
while formulating policies and enacting laws for the country.
Directive Principles are affirmative directions on the other hand, Fundamental
Rights are negative or prohibitive in nature because they put limitations on the
State.
The DPSP is not enforceable by law; it is non-justiciable.
It is important to note that DPSP and FRs go hand in hand.
DPSP is not subordinate to FRs.
Classification of Principles: The Directive Principles are classified on
the basis of their ideological source and objectives. These are
Directives based on:
o Socialist Principles
o Gandhian Principles
o Liberal and Intellectual Principles
1-Directives based on Socialist Principles
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 minimising inequalities in
income, status, facilities and opportunities
Articles 39: The State shall in particular, direct its policies towards
securing:
o Right to an adequate means of livelihood to all the citizens.
o The ownership and control of material resources shall be
organised in a manner to serve the common good.
o The State shall avoid concentration of wealth in a few hands.
o Equal pay for equal work for both men and women.
o The protection of the strength and health of the workers.
o Childhood and youth shall not be exploited.
Article 41: To secure the right to work, to education and to public
assistance in cases 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 endeavour to secure to all workers a
living wage and a decent standard of life.
o 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 and to improve public health.
2-Directives based on Gandhian Principles
Article 40: The State shall take steps to organise village
panchayats as units of Self Government
Article 43: The State shall endeavour to promote cottage
industries on an individual or cooperative basis in rural areas.
o Article 43B: To promote voluntary formation, autonomous
functioning, democratic control and professional management of
cooperative societies.
Article 46: The State shall promote 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 take steps to improve public health and
prohibit consumption of intoxicating drinks and drugs that are injurious
to health.
Article 48: To prohibit the slaughter of cows, calves and other
milch and draught cattle and to improve their breeds.
3-Directives based on Liberal-Intellectual Principles
Article 44: The State shall endeavour to secure for the citizen
a Uniform Civil Code through the territory of India.
Article 45: To provide early childhood care and education for all
children until they complete the age of six years.
Article 48: To organise agriculture and animal husbandry on modern
and scientific lines.
o Article 48A: 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 endeavour to:
o Maintain just and honourable relations with the nations.
o Foster respect for international law and treaty obligations.
o Encourage settlement of international disputes by arbitration.
Amendments in DPSP:
42nd Constitutional Amendment, 1976: It introduced certain changes
in the part-IV of the Constitution by adding new directives:
o Article 39A: To provide free legal aid to the poor.
o Article 43A: Participation of workers in management of
Industries.K1M
o Article 48A: To protect and improve the environment.
44th Constitutional Amendment, 1978: It inserted Section-2 to Article
38 which declares that; “The State in particular shall strive to minimise
economic inequalities in income and eliminate inequalities in status,
facilities and opportunities not amongst individuals but also amongst
groups”.
o It also eliminated the Right to Property from the list of
Fundamental Rights.
86th Amendment Act of 2002: It changed the subject-matter of Article
45 and made elementary education a fundamental right under Article
21 A.
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.