The Directive Principles of State Policy (DPSP) are enshrined in Articles 36 to

51 of Part IV of the Indian Constitution. These concepts aim to create

a welfare state in India and ensure social and economic justice for all citizens.
Inspired by the Spanish and Irish constitutions, they have been added to address
problems such as pervasive poverty, hunger, and deep-seated socioeconomic
inequalities. Despite not being justiciable or enforceable in courts, these
directives have been the instruments of instruction and key to the policy
implementations by the governments of India since independence. According
to Granville Austin, DPSPs have helped meet the constitutional requirements
of social, economic, and political justice for all.

DPSP Articles:

DPSPs resemble the “Instrument of Instructions” enumerated in the

Government of India Act of [Link] are enumerated in the Constitution from
Articles 36 to 51. As per the evolving needs of society, the Parliament has
added new provisions to the DPSP through constitutional amendments.

 According to Article 36, the term ‘State’ has the same meaning as in Part
III (Article 12).

 Article 37: It states that the Directive Principles are non-justiciable.

Nevertheless, Article 37 itself says that these principles are fundamental
in the governance of the country and it shall be the duty of the State to
apply these principles in making laws.

 Classification of DPSP: The Indian Constitution does not specifically

classify the DPSP. However, for ease of understanding, they can be
divided into three categories: socialist principles, Gandhian principles
and liberal-intellectual principles.

 Implementations: Successive governments have made several laws and

formulated various programmes for implementing the DPSPs.
Examples: Five Year Plans, land reform acts, Minimum Wages Act, Bonded
Labour System Abolition Act, Child Labour Prohibition and Regulation Act,
Maternity Benefit Act, National Legal Services Authority, Nationalisation of
banks, Wildlife (Protection) Act, Forest (Conservation) Act, Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, etc.

Socialist Principles:

- Article 38: Directs the state to promote social, economic, and political justice.

 And minimise inequalities in income, status, and opportunities (Added

through the 44th Amendment Act (AA) of 1978).

- Article 39: The State shall direct its policy toward securing

(a) the right to adequate means of livelihood for all Citizens,

(b) equitable distribution of material resources,

(c) prevention of the concentration of wealth and means of production,

(d) equal pay for men and women,

(e) preservation of the health and strength of workers and children against
forcible abuse.

(f) Opportunities for the healthy development of children (42nd AA of 1976).

- Article 39A: Emphasises equal justice and free legal aid to all citizens,
irrespective of economic or other disabilities. (42nd AA of 1976).

- Article 41: To secure the right to work, education, and assistance in cases of
unemployment, old age, sickness, and disablement.

- Article 42: Make provision for securing just and humane conditions of work
and for maternity relief.
- Article 43: Secure a living wage, fair remuneration, and decent working
conditions for workers.

- Article 43A: Secure the participation of workers in the management of

undertakings, establishments, or other organisations engaged in any
industry. (42nd AA of 1976).

- Article 46: Promotes the educational and economic interests of weaker

sections.

- Article 47: To raise the level of nutrition, the standard of living of people, and
the improvement of public health.

Gandhian Principles:

- Article 40: This article emphasises the organisation of village panchayats and
promotes their empowerment as institutions of local self-government.

- Article 43: To promote cottage industries to ensure economic development

and self-reliance at the rural level.

- Article 43B: To promote voluntary formation, autonomous functioning,

democratic control, and professional management of cooperative societies (97th
AA of 2011).

- Article 46: It emphasises the protection and promotion of the educational and
economic interests of Scheduled Castes, Scheduled Tribes, and other weaker
sections of society.

- Articles 47: To prohibit the consumption of intoxicating drinks and drugs

which are injurious to health.

- Article 48: To prohibit the slaughter of cows, calves and other milch and
draught cattle and to improve their breeds.

Liberals Principles:
- Article 39: DPSP emphasises the promotion of gender equality and the
empowerment of women.

- Article 44: Secure the Uniform Civil Code for all citizens.

- Article 45: Provide free and compulsory education to children up to the age of
14 years. The 86th Amendment Act of 2002 modified Article 45, making
elementary education a fundamental right under Article 21A.

- Article 48: To organise agriculture and animal husbandry on modern and

scientific lines.

- Article 48A: To protect and improve the environment and to safeguard forests
and wildlife. (42nd AA of 1976).

- Article 49: To protect every monument or place of national importance from

spoliation, disfigurement, destruction, etc.

Article 50: Separate the judiciary from the executive in the public services of
the State.

- Article 51: Promote international peace and security, maintain just and
honourable relations between nations, foster respect for international law and
treaty obligations, and encourage settlement of international disputes by
arbitration.

Directives outside DPSP:

In addition to the Directives outlined in Part IV of the Constitution, there are

other Directives spread throughout various sections of the Constitution. They
include:

 Claims of SCs and STs to Services: Consideration should be given to

the claims of Scheduled Castes and Scheduled Tribes in appointments to
 services and posts related to Union or State affairs while ensuring the
efficiency of administration (Article 335 in Part XVI).

 Instruction in Mother Tongue: States and local authorities should strive

to provide adequate educational facilities for children belonging to
linguistic minority groups to receive instruction in their mother tongue at
the primary stage of education (Article 350-A in Part XVII).

 Development of Hindi Language: The Union has the responsibility to

promote the usage and development of the Hindi language as a means of
expression for the diverse cultural elements of India (Article 351 in Part
XVII).

Conflict of Directive Principles of State Policy with Fundamental Rights

The conflict between FRs and DPSP arises when the implementation of
certain policies or laws for achieving the goals of DPSP potentially infringes
upon the FRs of individuals.

 In the Champakam Dorairajan case (1951): The Supreme Court ruled

that the FR would take precedence in case of a conflict between FRs and
Directive Principles.

# However, it also acknowledged that Parliament could amend FR through

constitutional amendment acts.

# Consequently, Parliament enacted the 1st Amendment Act (1951), 4th

Amendment Act (1955), and 17th Amendment Act (1964) to implement
certain Directives.

 Golaknath case (1967): Adhering to the principles set during the

Champakam Dorairajan case, the Court declared that the Parliament
cannot diminish or curtail any of the FRs which are ‘sacrosanct’ in nature
to enforce the implementation of the Directive Principles.
 24th Amendment Act: It empowered Parliament to curtail or remove
any of the FRs through Constitutional Amendment Acts.

 25thAmendment Act: It inserted a new Article 31C which contained the

following two provisions:

o (1) No law that seeks to implement Article 39 (b) and (c) shall be
void on the ground of contravention of the Fundamental Rights
conferred by Article 14, Article 19, or Article 31.

o (2) No law containing a declaration for giving effect to such a

policy shall be questioned in any court on the ground that it does
not give effect to such a policy.

o In the Kesavananda Bharati case (1973), the SC declared the

second provision of Article 31C as unconstitutional and invalid on
the ground that judicial review is a basic feature of the
Constitution. However, the first provision of Article 31C was held
to be constitutional and valid.

 42nd Amendment Act (1976): It extended the scope of the above first
provision of Article 31C by including within its protection any law to
implement any of the Directive Principles other than those specified in
Article 39 (b) and (c).

o Thus it gave primacy to the DPSPs over the FRs conferred by

Articles 14, 19 and 31.

 Minerva Mills case (1980): The Supreme Court declared the above
extension as unconstitutional and invalid.

o Thus, Directive Principles were once again made subordinate to the

Fundamental Rights by the Court.
 o However, the rights conferred by Article 14 and Article 19 were
accepted as subordinate to the DPSPs enshrined in Article 39 (b)
and (c).

o In this case, the Court stressed the importance of balance

between FRs and DPSP. The goals set out by the Directive
Principles have to be achieved without the abrogation of the means
provided by the Fundamental Rights.

 Current position: Fundamental Rights hold supremacy over the

Directive Principles.

o However, the Directive Principles can be implemented by

amending the Fundamental Rights, so long as the amendment does
not destroy the basic structure of the Constitution.

Directive Principles of State Policy Features and Significance

Despite being non-justiciable, DPSPs are an important part of the

Constitution.

 Influence of the Irish Constitution: DPSP drew inspiration from the

Irish Constitution, which included similar principles for social justice.

 Ambedkar's Vision: Dr. B.R. Ambedkar had described the Directive

Principles as “socialistic” and a “novel feature” of the Constitution. They
constitute a very comprehensive economic, social, and political
programme for a modern democratic State.

 Philosophy of the Constitution: The Directive Principles, along with the

Fundamental Rights, contain the Constitution's philosophy.

o They are complementary and supplementary to each other; both are

essential to achieving the objectives and ideals stated in
the Preamble.
 Promote Socio-economic Justice: Unlike Fundamental Rights, which
protect political justice, DPSPs promote socio-economic justice.

 Dr Ambedkar rightly pointed out that the DPSPS provide ‘social and
economic democracy’ as distinguished from the ‘political democracy’
provided by the Fundamental Rights.

 According to him, political democracy is meaningless without socio-

economic democracy.

 Promote Welfare State: The principles embody the concept of a

“welfare state” and not a “police state” which existed during the colonial
era.

o They aim to promote the welfare of the people by emphasising

social justice, equal opportunities, and the improvement of living
standards for all citizens.

 Contain Progressive Measures: It includes provisions for the promotion

of educational opportunities, public health, and the protection of the
interests of marginalised sections of society, such as Scheduled Castes,
Scheduled Tribes, and backward classes.

 Constitutional Guidance: Though not legally enforceable, DPSP

provides constitutional guidance to the government in formulating laws
and policies.

o It encourages the state to work towards achieving the objectives

outlined in the DPSP.

 Political sanctions: Many provisions and principles enshrined in Part IV

of the Constitution are used by the political parties in their manifestos.

o Consequently, some of these provisions have been made legally

enforceable by the ruling governments.
 o In this way, they serve as a crucial test for the performance of the
incumbent government.

 Long-term Vision: DPSP provides a long-term vision for the country's

development, setting goals and ideals that the government should strive to
achieve over time.

Directive Principles of State Policy Limitations

Some members of the Constituent Assembly and constitutional and political

experts have questioned the Directive Principles of State Policy, citing the
following reasons.

 Lack of Legal Force: Critics argue that the non-justiciable nature of the
Directives undermines their effectiveness. The Directives are seen as
moral aspirations rather than legally binding principles.

o Exemption of Directive Principles from being justiciable may

make the state vulnerable to the pressure of politically and
economically influential groups in society.

 Lack of Logical Arrangement: DPSPs are not logically arranged and

lack a consistent philosophy. The mixing of different provisions is seen
as incongruous and lacking a systematic approach.

 Conservative Nature: Sir Ivor Jennings opined that the directives were
deemed to be suitable in India in the middle of the 20th century. The
question of whether they are suitable in the 21st century cannot be
answered.

 Constitutional Conflict: These conflicts arise from the Centre's authority

to direct states for Directive Principles' implementation, potential
rejection of bills by the President that violate these principles, and
conflicts at the state level between the governor and the chief minister.