Directive Principles of State Policy

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

and principles outlined in Part IV of the Constitution of India. They aim
to create social and economic conditions under which the citizens can lead a
good life. The principles provide a framework for the government to strive
towards achieving certain socio-economic goals, even though they may not be
immediately attainable due to various constraints. The DPSP emphasize the
State's commitment to promote the welfare of the people and establish a social
order that upholds social, economic, and political justice in all aspects of
national life.

Directive Principles are classified under the following categories: Economic and
Socialistic, Political and Administrative, Justice and Legal, Environmental,
Protection of Monuments, Peace and Security.

The History of Ireland, particularly the Irish Home Rule Movement; hence, the
Directive Principles of the Indian constitution have been greatly influenced by
the Directive Principles of Social Policy. The idea of such policies "can be
traced to the Declaration of the Rights of Man and of the Citizen proclaimed
by Revolutionary France and the Declaration of Independence by the American
Colonies." The Indian constitution was also influenced by the United
Nations Universal Declaration of Human Rights.

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.

In 1928, the Nehru Commission composing of representatives of all Indian

political parties, proposed constitutional reforms for India that apart from
calling for dominion status for India and elections under universal suffrage,
would guarantee rights deemed fundamental, representation for religious and
ethnic minorities, and limit the powers of the government. In 1931, the Indian
National Congress (the largest Indian political party of the time) adopted
resolutions committing itself to the defence of fundamental civil rights, as well
as socio-economic rights such as the minimum wage and the abolition
of untouchability and serfdom, committing themselves to socialism & Gandhian
philosophy.

When India obtained Independence on 15 August 1947, the task of developing a

constitution for the nation was undertaken by the Constituent Assembly of
India, composing of elected representatives under the presidency of Dr.
Rajendra Prasad. While members of Congress composed of a large majority,
Congress leaders appointed persons from diverse political backgrounds to
responsibilities of developing the constitution and national laws. Notably,B.R.
Ambedkar became the chairperson of the drafting committee, while Jawaharlal
Nehru and Sardar Vallabhbhai Patel became chairperson of committees and
sub-committees responsible for different subjects. A notable development
during that period having significant effect on the Indian constitution took place
on 10 December 1948 when the United Nations General Assembly adopted
the Universal Declaration of Human Rights and called upon all member States
to adopt these rights in their respective constitutions.

Both the Fundamental Rights and the Directive Principles of State Policy were
included in the I Draft Constitution (February 1948), the II Draft Constitution
(17 October 1948) and the III and final Draft Constitution (26 November 1949),
prepared by the Drafting Committee.

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.

Characteristics:

While debating can lead a good life. They also aim to establish social and
economic democracy through a welfare state. Though the Directive Principles
are non-justiciable rights of the people but fundamental in the governance of the
country, it shall be the duty of the State to apply these principles in making laws
per Article 37. Besides, all executive agencies of union and states should also be
guided by these principles. Even the judiciary has to keep them in mind in
deciding cases.

An existing policy in line with DPSP cannot be reversed, however it can be

expanded further in line with DPSP. The policy changes applicable.

Articles 36-51 under Part-IV of the Indian Constitution deal with

Directive Principles of State Policy (DPSP). They are borrowed from the
Constitution of Ireland, which had copied it from the Spanish Constitution. This
article will solely discuss the Directive Principles of State Policy, its importance
in the Indian Constitution and the history of its conflict with Fundamental
Rights. This topic is important for UPSC Mains GS-II and also for political
science optional papers and aspirants can also download the DPSP notes.

The Sapru Committee in 1945 suggested two categories of

individual rights. One being justiciable and the other being non-justiciable
rights. The justiciable rights, as we know, are the Fundamental rights, whereas
the non-justiciable ones are the Directive Principles of State Policy.

DPSP of Indian Constitution are ideals which are meant to be kept in mind by
the state when it formulates policies and enacts laws. There are various
definitions of Directive Principles of State which are given below:

 They are an ‘instrument of instructions’ which are enumerated in

the Government of India Act, 1935.

 They seek to establish economic and social democracy in the country.

 DPSPs are ideals which are not legally enforceable by the courts for their
violation.

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on their
content and direction, they are usually classified into three types-

 Socialistic Principles,

 Gandhian Principles and,

 Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

Socialistic 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 38- Promote the welfare of the people by securing a social order
through justice social, economic and political and to minimise inequalities in
income, status, facilities and opportunities.

Article 39- Secure citizens:

 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 39A: Promote equal justice and free legal aid to the poor

Article 41: In cases of unemployment, old age, sickness and disablement,

secure citizens:

 Right to work

 Right to education

 Right to public assistance

Article 42: Make provision for just and humane conditions of work and
maternity relief

Article 43: Secure a living wage, a decent standard of living and social and
cultural opportunities for all workers

Article 43A: Take steps to secure the participation of workers in the

management of industries
Article 47: Raise the level of nutrition and the standard of living of people and
to improve public health

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 40:Organise village panchayats and endow them with necessary

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

Article 43: Promote cottage industries on an individual or cooperation basis in

rural areas

Article 43B: Promote voluntary formation, autonomous functioning, democratic

control and professional management of co-operative societies

Article 46: Promote the educational and economic interests of SCs, STs, and
other weaker sections of the society and to protect them from social injustice
and exploitation

Article 47: Prohibit the consumption of intoxicating drinks and drugs which are
injurious to health

Article 48: Prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds

Liberal-Intellectual Principles:

Definition: These principles reflect the ideology of liberalism. Under various

articles, they direct the state to:

Article 44: Secure for all citizens a uniform civil code throughout the country

Article 45: Provide early childhood care and education for all children 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.)

Article 48: Organise agriculture and animal husbandry on modern and scientific
lines

Article 49: Protect monuments, places and objects of artistic or historic interest
which are declared to be of national importance

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

 Article 51: Promote international peace and security and maintain just
and honourable relations between nations
 Foster respect for international law and treaty obligations
 Encourage settlement of international disputes by arbitration

What are the new DPSPs added by the 42nd Amendment Act, 1976?

Article 39: To secure opportunities for the healthy development of children

Article 39A: To promote equal justice and to provide free legal aid to the poor

Article 43A: To take steps to secure the participation of workers in the

management of industries

Article 48A: To protect and improve the environment and to 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 reach the age of 14 years.

3. A new DPSP under Article 43B was added by the 97th Amendment Act
of 2011 relating to cooperative societies. It requires the state to promote
voluntary formation, autonomous functioning, democratic control and
professional management of cooperative 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

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 of Indian Constitution, the provisions of the former would
prevail. DPSPs were regarded as a subsidiary of Fundamental Rights. SC also
ruled that Parliament can amend Fundamental Rights through a 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 to implement the Directive Principles, so long as
the amendment does not damage or destroy the basic structure of the
Constitution.