Directives Principles of State Policy in the Indian Constitution

The Directive Principles of State Policy (DPSP) are a set of guidelines or

principles enshrined in Part IV (Articles 36 to 51) of the Indian Constitution.
They are fundamental in the governance of the country, aiming to create
social and economic conditions under which citizens can lead a good life.
Although not enforceable by any court, these principles are considered
fundamental in the governance of the country, and it is the duty of the State to
apply these principles in making laws.

Historical Background

The concept of Directive Principles of State Policy is borrowed from the Irish
Constitution. The framers of the Indian Constitution were influenced by the
Irish nationalist movement and their constitution, which included similar
principles aimed at promoting social justice and economic welfare. The idea
was to ensure that the State strives to promote the welfare of the people by
securing and protecting a social order in which justice, social, economic, and
political, shall inform all the institutions of national life.

Nature and Significance

The Directive Principles are not justiciable, meaning they are not enforceable
by any court. However, they are fundamental in the governance of the
country, and it is the duty of the State to apply these principles in making
laws. The significance of these principles lies in their ability to guide the State
in policy-making and legislation. They aim to establish a welfare state where
social and economic democracy prevails.

Classification of Directive Principles

The Directive Principles can be broadly classified into three categories:

1. Socialistic Principles: These principles aim to provide social and
economic justice and set the path towards a welfare state. They
include:
a. Article 38: The State shall strive to promote the welfare of the
people by securing and protecting a social order in which justice,
social, economic, and political, shall inform all the institutions of
national life.
b. Article 39: The State shall, in particular, direct its policy towards
securing:
i. Adequate means of livelihood for all citizens.
ii. Equitable distribution of material resources of the
community for the common good.
iii. Prevention of concentration of wealth and means of
production.
iv. Equal pay for equal work for both men and women.
v. Protection of the strength and health of workers and
children.
vi. Protection of children and youth against exploitation and
against moral and material abandonment.
c. Article 41: The State shall, within the limits of its economic
capacity and development, make effective provision for securing
the right to work, to education, and to public assistance in cases
of unemployment, old age, sickness, and disablement, and in
other cases of undeserved want.
d. Article 42: The State shall make provision for securing just and
humane conditions of work and for maternity relief.
e. Article 43: 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.
2. Gandhian Principles: These principles are based on the ideals of
Mahatma Gandhi and aim to promote his vision of a self-reliant village
economy and rural development. They include:
a. Article 40: 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.
b. Article 43: The State shall endeavor to promote cottage industries
on an individual or cooperative basis in rural areas.
c. Article 46: 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.
d. Article 47: 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 purposes of intoxicating
drinks and of drugs which are injurious to health.
3. Liberal-Intellectual Principles: These principles reflect the liberal and
intellectual ethos of the Constitution and aim to promote education,
environmental protection, and international peace. They include:
a. Article 44: The State shall endeavor to secure for the citizens a
uniform civil code throughout the territory of India.
b. Article 45: The State shall endeavor to provide, within a period of
ten years from the commencement of this Constitution, for free
and compulsory education for all children until they complete the
age of fourteen years.
c. Article 48: 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.
d. Article 48A: The State shall endeavor to protect and improve the
environment and to safeguard the forests and wildlife of the
country.
e. Article 49: The State shall 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.
f. Article 50: The State shall take steps to separate the judiciary
from the executive in the public services of the State.
g. Article 51: The State shall endeavor to:
i. Promote international peace and security.
ii. Maintain just and honorable relations between nations.
iii. Foster respect for international law and treaty obligations in
the dealings of organized peoples with one another.
iv. Encourage settlement of international disputes by
arbitration.

Relationship with Fundamental Rights

The Directive Principles and Fundamental Rights are two sides of the same
coin. While Fundamental Rights are justiciable and enforceable by courts,
Directive Principles are not. However, they are complementary to each other.
The Supreme Court has held that the Directive Principles and Fundamental
Rights should be harmoniously interpreted. In the case of Kesavananda
Bharati v. State of Kerala (1973), the Supreme Court held that the Directive
Principles and Fundamental Rights are supplementary and complementary to
each other and that the Directive Principles provide the goals and the
Fundamental Rights provide the means to achieve those goals.
Implementation and Challenges

The implementation of Directive Principles has been a mixed bag. While some
principles have been effectively implemented through legislation and policy-
making, others remain largely unfulfilled. For example, the principle of a
uniform civil code (Article 44) has not been implemented due to political and
social sensitivities. Similarly, the principle of prohibition (Article 47) has been
implemented in some states but not uniformly across the country.

One of the major challenges in implementing Directive Principles is the lack of

financial resources. Many of the principles, such as the right to work,
education, and public assistance, require significant financial investment,
which may not always be feasible for the government. Additionally, political
will and administrative efficiency are crucial for the effective implementation
of these principles.

Judicial Interpretation

The judiciary has played a significant role in interpreting and giving effect to
the Directive Principles. In several landmark judgments, the Supreme Court
has emphasized the importance of Directive Principles in governance and
policy-making. For example, in the case of *Unnikrishnan v. State of Andhra
Pradesh (1993), the Supreme Court held that the right to education is a
fundamental right under Article 21 (Right to Life) and is also a Directive
Principle under Article 45. Similarly, in the case of *Olga Tellis v. Bombay
Municipal Corporation (1985), the Supreme Court held that the right to
livelihood is an integral part of the right to life under Article 21 and is also a
Directive Principle under Article 39(a).

Conclusion

The Directive Principles of State Policy are a unique feature of the Indian
Constitution. They reflect the aspirations of the framers of the Constitution to
create a just and equitable society. While they are not enforceable by courts,
they serve as a moral and political compass for the government in policy-
making and legislation. The effective implementation of these principles is
crucial for achieving the goals of social and economic justice, as envisioned
by the Constitution. Despite the challenges, the Directive Principles continue
to guide the State in its efforts to create a welfare state and ensure the well-
being of all its citizens.