Directive Principles of State Policy:  The source of the concept of DPSP is

the Spanish Constitution from which

Meaning it came in the Irish Constitution. The
makers of the Indian Constitution
The Directive Principles of State Policy were very much influenced by the
(DPSP) has been taken from the Irish Irish nationalist movement and
constitution and enumerated in Part IV of borrowed this concept of DPSP from
the Indian Constitution.  the Irish Constitution in 1937.
 The Government of India Act also
The concept behind the DPSP is to create a had some instructions related to this
‘Welfare State’. In other words, the motive concept which became an important
behind the inclusion of DPSP is not source of DPSP at that time.
establishing political democracy rather, it’s  The Directive Principles of the
about establishing social and economic Constitution of India have been
democracy in the state. These are some basic greatly influenced by the Directive
principles or instructions or guidelines for Principles of Social Policy.
the government while formulating  The Indians who were fighting for
laws/policies of the country and in executing the independence of India from the
them. British rule were greatly influenced
by the movements and independence
According to Dr B R Ambedkar, these struggles of Ireland at that time, to
principles are ‘novel features’ of the free themselves from the British rule
Constitution. DPSP acts as a guideline for and move towards the development
the state and should be taken into of their constitution.
consideration while coming up with some  DPSP become an inspiration for
new policy or any law. But no one can independent India’s government to
compel the State to consider and follow all tackle social, economic and various
that which is mentioned in DPSP, as DPSP other challenges across a diverse
is not justiciable. nation like India.
 DPSP and fundamental rights have a
Part IV of the Indian Constitution common origin. The Nehru Report
of 1928 contained the Swaraj
Part 4 of the Indian Constitution consists of Constitution of India which
all the DPSP (Directive Principles of State contained some of the fundamental
Policy).  rights and some other rights such as
the right to education which were not
It covers the Articles from 36 to 51.  enforceable at that time.
 Sapru Report of 1945 divided
Article 36 of Part IV defines the term fundamental rights into justifiable
“State” as the one, who has to keep in mind and non-justifiable rights.
all the DPSP before formulating any policy  Justifiable rights, the one which
or law for the country. The definition of was enforceable in a court of law and
“State” in the part IV will be the same as included in Part III of the
that of Part III, unless the context otherwise Constitution. On the other hand,
requires a change in it. In Article 37 the Non-justifiable rights were listed as
nature of DPSP has been defined. DPSPs are directive principles, which are just
non-justiciable.  there to guide the state to work on
the lines for making India a welfare
Article 38 to 51 contains all the different state. They were included in part IV
DPSP’s. of the Constitution of India as
Directive Principles of State Policy.
History
 The Constituent Assembly was given
the task of making a constitution for
India. The assembly composed of
 elected representatives and Dr. welfare state which was absent under the
Rajendra Prasad was elected as its colonial rule.
President. 
 Both the Fundamental Rights and the Features 
DPSP were enlisted in all the drafts
of the constitution (I, II and III)  DPSP are not enforceable in a court
prepared by the Drafting Committee of law. 
whose chairman was Dr. B.R.  They were made non-justifiable
Ambedkar. considering that the State may not
have enough resources to implement
Sources all of them or it may even come up
with some better and progressive
 The DPSP of the Indian Constitution laws.
was inspired by the Irish  It consists of all the ideals which the
Constitution which took these details State should follow and keep in mind
from Spain. while formulating policies and
 Some Instruments of Instructions, enacting laws for the country.
which also became the immediate  The DPSPs are like a collection of
source of DPSP, have been taken instructions and directions, which
from the Government of India Act, were issued under the Government
1935. of India Act, 1935, to the Governors
 Another source was the Sapru of the colonies of India.
Report, 1945 which gave us both  It constitutes a very comprehensive
Fundamental Rights (justiciable) and economic, social and political
DPSP(s) (non-justiciable). guidelines or principles and tips for a
modern democratic State that aimed
Reflection of Preamble towards inculcating the ideals of
justice, liberty, equality and
The Preamble is a brief introduction to the fraternity as given in the preamble.
constitution and it contains all the objectives The Preamble consists of all the
which were there in the mind of the drafters objectives that needs to be achieved
of the Indian Constitution.  through the Constitution.
 Adding DPSP was all about creating
According to some scholars, DPSP is ‘the a “welfare state” which works for the
kernel of the Indian Constitution’.  individuals of the country which was
absent during the colonial era. 
The Directive Principles of the State Policy
(DPSP) are the guidelines for the state List of Directive Principles of State Policy
which it must consider while formulating
new laws and policies and it lay down all the Article What it says
objectives which the Constitution seeks to 36 Defines the “state”.
achieve. Part IV of the Indian Constitution
37 shall not be enforceable in any court
The expression “Justice – Social, economic of law.
and political” that is mentioned in the
Social, Political and Economic
preamble is the ultimate aim that has to be 38
Justice.
achieved through the formulation of the
DPSP.  39 Principles of Policy.
39A Free Legal aid.
DPSP are enlisted to attain this ultimate aim 40 Organization of Panchayats.
as mentioned in the preamble i.e. Justice, 41 Welfare Government.
Liberty, Equality and fraternity are also Securing just and humane work and
42
known as the four pillars of the Indian maternity relief.
Constitution. It also enlists the idea of the 43 Fair wages and a decent standard of
 life. o It is not enforceable in any
Workers’ participation in court of Law.
43-A o And they are very basic and
management.
43-B Promotion of Cooperatives. essential for the governance
44 Uniform Civil Code. of the country.
45 Infant and Child Care.
The provisions mentioned in this part shall
Protection of SCs, STs and other
46 not be enforceable in any court and the
weaker sections from exploitation.
principles laid down in this part are
Nutrition, Standard of living and
47 fundamental for the governance of the
public health.
country. The State must make laws
Scientific agriculture and animal according to it because the ultimate aim of
48
husbandry. the State is the welfare of its citizens.
Environment and Wildlife
48-A
Protection. Socialist principles
Protection of monuments and places
49 and objects which have national  These principles follow the ideology
importance. of “Socialism” and lay down the
Judiciary should be separate from framework of India.
50
the Executive.  Its ultimate aim is to provide social
The state shall promote and economic justice to all its
51
international peace and security. citizens so that the state can fulfil the
criteria required for a welfare state. 
   The articles in DPSP which follows
the socialist principles are – Article
Article 36 38, Article 39, Article 39 A, Article
41, Article 42, Article 43, Article 43
 Article 36 contains the definition of A and Article 47.
State.
 Unless the context otherwise Article 38
requires, the definition of “the State”
is the same as it is given in Part III  Article 38 talks about Social,
which covers Fundamental Rights.  Political and Economic Justice.
 The definition given in Article 12  It directs that the State should secure
shall apply in this part as well which a social order which provides social,
says that the State includes: political and economic justice to all
o The Government of India its citizens.
o The Parliament of India  Article 38(2) says that state shall
o The Government of each of reduce the inequalities faced by the
the States  people on the grounds like income,
o The Legislature of each of status, facilities, opportunities, etc.
the States
o All the authorities whether Article 39
local or any other which are
the part of Indian territory or  Article 39 mentions all the
under the control of the Principles of policy which must be
government. followed by the State.

Article 37 The State shall make its policies towards

securing the following objectives—
 Article 37 mentions the two
important characteristics of DPSP,  All the men, women and citizens
and they are: should have the right to an adequate
means of livelihood
  The ownership and control of the  Article 41 talks about Welfare
people over any material resources Government.
under the community should be  It says that state shall make some
distributed as it is for the common effective provisions for securing the
good of the public; right to work, etc. and in cases of
 The functioning of the economic unemployment, old age, disablement
system should be such that the or any other cases acting in its
concentration of wealth and the economic capacity & development it
means of production don’t result in a shall provide public assistance. This
loss common to all or which causes article is employed as a tenet for
detriment to the citizens; numerous social sector schemes like
 There shall be no gender social assistance program, right to
discrimination, both men and women food security, old-age pension
should get equal pay for equal work. scheme, MGNREGA, etc.
 The health and strength possessed by
any worker, men and women, and Article 42
the tender age of children should not
be abused and the citizens should not  Article 42 talks about Securing just
be forced to enter and indulge into and humane work and maternity
any occupation or profession which relief.
is not suitable for their age or  It says that state shall create some
strength, not even out of any provisions so that the citizens get
financial necessity or economic easy, just and humane conditions for
backwardness working. It shall also provide
 Children must be given enough maternity relief for the women.
opportunities and facilities so that
they develop in a healthy manner and Article 43
in such conditions where their
freedom and dignity, including the  Article 43 talks about Fair wages
fact that their childhood and youth and a decent standard of life.
remain protected, against any form  It says that the state can endeavor to
of exploitation and against any sort secure by appropriate legislation or
of moral and material abandonment. economic organization to all the
workers employed in agricultural,
Article 39A  industrial or otherwise, work, a
living wage, conditions of work,
 Article 39A talks about Free Legal ensuring a decent standard of life and
aid. enjoyment of leisure and social-
 It says that the State shall promote cultural opportunities and promote
justice with the aim of administering cottage industries on an individual or
Justice on the basis of equal cooperative basis in rural and remote
opportunity, and shall provide free areas of the country.
legal aid through any suitable
legislation or  schemes which State Article 47
may think fit ,or, in any other way,
so that it could ensure that the  Article 47 talks about Nutrition,
opportunities for securing justice are Standard of living and public
not denied to any citizen because of health.
economic backwardness or any other  It says that the State shall look into
kind of disabilities. the matter of raising the level of
nutrition and the standard of living of
Article 41 its people and it is the duty of the
State to keep a check on the
improvement of public health. The
 State shall also endeavor to prohibit decent standard of life and
the consumption of intoxicating enjoyment of leisure & social-
drinks and drugs which are injurious cultural opportunities and promote
for health, except for medicinal cottage industries on an individual or
purposes. There are many social cooperative basis in rural and remote
development programmes such as areas of the country.
National Health Mission, Mid Day
Meal Scheme, etc. which target the Article 43B 
marginalized sections of the society
i.e. women, children, weaker  Article 43B deals with the
sections etc. are inspired by this promotion of cooperatives.
DPSP.  It was inserted by the 97th
amendment act in 2011. It says that
Gandhian Principles state shall endeavor to promote the
management of the co-operative
 These principles reflect the societies to help the people who are
programme of reconstruction engaged in the same.
ideology propagated by Gandhi
throughout the national movement. Article 46
In order to fulfil his dreams, some of
his concepts have been included in  Article 46 deals with the Protection
the form of DPSP. of SCs, STs, weaker sections from
 They direct the State through these exploitation.
articles – Article 40, Article 43,  The State shall promote with special
Article 43 B, Article 46, Article 47 care including the educational and
and Article 48. economic interests of the weaker
sections of the society i.e. the SCs
Article 40 and the STs and shall make
provisions to protect them from all
 Article 40 deals with the forms of exploitation which includes
Organization of Panchayats. social injustice.
 It says that the state shall organize
Panchayat system and should grant Article 47
them such powers which would be
necessary for the functioning as units  Article 47 talks about Nutrition,
of the self-government system. Standard of living and public
 The 73rd and 74th amendments of health. 
the constitution which are related to  It says that the State shall look into
Panchayati Raj and Municipal the matter of raising the level of
Corporations respectively, later nutrition and the standard of living of
ended up as the constitutionally its people and it is the duty of the
backed framework for the principle State to keep a check on the
mentioned in Part IV. improvement of public health. The
State shall endeavor to prohibit the
Article 43 consumption of intoxicating drinks
and drugs which are injurious to
 Article 43 talks about Fair wages health except for medicinal
and a decent standard of life. purposes. 
 It says that the state can endeavor to  There are many social development
secure, by appropriate legislation or programmes such as National Health
economic organization, to all the Mission, Mid Day Meal Scheme, etc.
workers employed in agricultural, which target the marginalized
industrial or otherwise, work, a sections of the society i.e women,
living wage, conditions of work, a
 children, weaker sections etc. are Article 48
inspired by this DPSP.
 Article 48 talks about Organisation
Article 48 of agriculture and animal
husbandry.
 Article 48 talks about Scientific  The State shall endeavour to
agriculture and animal husbandry. organise agriculture and animal
 It says that the State shall endeavor husbandry using modern and
to organize agriculture and animal scientific technology which is
husbandry using modern methods prevalent in the present times and
and scientific techniques which make also take steps for preserving and
people more advanced and helps in improving the existing breeds and
earning their livelihood easily and prohibiting the slaughter of cows and
State shall take some progressive other cattle in the country for the
steps for preserving and improving development of agricultural related
the existing breeds and prohibiting practices.
the slaughter of cows and other
cattle. Article 48A

Liberal-intellectual Principles  Article 48A talks about the

Environment and Wildlife
 These principles follow the Protection.
‘Liberalism’ ideology.  The State shall endeavour to protect
 The articles which follow this and improve the environment and
approach in DPSP are – Article 44, surroundings.  And to safeguard the
Article 45, Article 48, Article 48 A, forests and wildlife of the country to
Article 49, Article 50 and Article 51. make the environment sustainable.

Article 44  Article 49

 Article 44 talks about the Uniform  Article 49 talks about Protection of

Civil Code. monuments and places and objects
 There should be a provision for the of national importance. 
citizens to secure a Uniform Civil  It shall be the duty of the State to
Code throughout the territory of protect every monument or place or
India in order to simplify things and any object of historic or artistic
reduce ambiguity in the laws which interest which has some national
makes it more complex than it importance, from any form of
actually is. disfigurement, destruction, etc.

Article 45 Article 50

 Article 45 contains the Provision for  Article 50 talks about Separation of

free and compulsory education for Judiciary from the Executive.
the children in the country.  There should be a line between the
 The State shall make laws to provide judiciary and the executive body of
free and compulsory education for the Government in the public
the children until they are 14 years services of the State as it makes it
old within a period of 10 years from easier if both do not interfere in each
the date of commencement of this other’s work and function
provision in the Constitution. independently.
 This provision was incorporated by
the virtue of the 86th Amendment, Article 51
2002  in the Constitution of India.
  Article 51 talks about Promotion of  Article 38(2) says that the state shall
international peace and security.  work to minimize the inequalities in
 The State shall endeavour to —  income, and endeavour to eliminate
o Promote international peace inequalities in status, opportunities
and security;  etc. not only amongst individuals but
o maintain friendly and also amongst all the groups of people
honourable relations between residing in different areas or engaged
nations;  in different fields.
o foster respect for
international law and treaty 86th Amendment
obligations in the dealings of
one person with another for  The 86th Amendment changed the
maintaining harmony subject of Article 45 in the DPSP
between the nations and  and brought it within the ambit of the
o encourage settlement of fundamental rights mentioned in Part
international disputes by the III as Article 21-A  has been made
method of arbitration.  for the children between the age
group of 6-14 years of age. The same
42nd Amendment article was previously a directive
principle which says that the State
Four Directive Principles which were added should take care of the children who
by the 42nd amendment are as follows: are below 6 years of age.

 Article 39 – To secure opportunities 97th Amendment

for healthy development of children. 
 Article 39A – It says that the State  The 97th Amendment act of 2011
shall promote justice with the aim of inserted Article 43-B in the list of
administering it on the basis of equal DPSP. It says that the State shall
opportunity, and shall provide free endeavour to promote voluntary
legal aid through any suitable formation, autonomous functioning,
legislation or the schemes which democratic control and professional
State may think fit or in any other management of the co-operative
way so that State can ensure that societies.
opportunities for securing justice are
not denied to any citizen because of Enforceability of DPSP
any economic or other disabilities.
 Article 43A – The State shall take DPSP were not made enforceable by the
steps, by suitable legislation or in Constituent Assembly which was formed to
any other way, to secure the draft the Indian Constitution. But the non-
participation of workers in the enforceability of the Principles does not
management of undertakings, mean that they are of no importance.
establishments or other
organisations. There are some arguments which are in
 Article 48A – The State shall favor of its enforceability and some are
endeavour to protect and improve the against the making of DPSP enforceable.
environment and surroundings and to Those who favor the enforcement of the
safeguard the forests and wildlife of Principles argue that enforceability of
the country to make its environment DPSPs will keep a check on the Government
liveable. and would unite India. For instance, Article
44 of the Indian Constitution talks about the
Uniform Civil Code which aims for uniform
44th Amendment
provisions of civil law for all the citizens of
the country irrespective of their caste, creed,
 The 44th Amendment Act of 1978
religion or beliefs.
added Article 38(2) in the DPSP.
People who are against the enforcement of hamper the growth of a society. A
the DPSPs are of the view that these state is run by its people and the
principles need not be separately enforced as Government is always formed and
there are already many laws which indirectly managed by them, so it’s really
implements the provisions mentioned in important to have a set of standards
DPSP. For instance, Article 40 of the for making laws in the country.
Constitution which deals with Panchayati  Directive Principles act as a guide
Raj system was introduced through a for the government which helps them
constitutional amendment, and it is very in making policies and laws for the
evident that there are numerous panchayats purpose of securing justice and
exist in the country today. welfare in the State.
 DPSP are like a source of continuity
Another argument against DPSP is that it in the Governance of the country
imposes morals and values on the citizens of because in a democratic system, the
the country. It should not be clubbed with Governments change after regular
the law as it is really important to grasp that elections and every new government
law and morals area unit various things. If makes different policies and laws for
we impose one on the opposite that will the country. The presence of such
generally impede the expansion and guidelines is really important
development of the society. because it ensures that every
Government will follow the set of
Importance of DPSP principles in the form of DPSP while
formulating its laws.
DPSP covers the Articles 36-51 in Part IV of  Directive Principles can be called as
the constitution. the positive directions for the State
which helps in securing social and
It mentions protection of women of the economical dimensions of
country, environmental conservation, rural democracy. DPSP are supplementary
growth and development, decentralisation of to Fundamental Rights which offers
power, uniform civil code, etc. which are political rights and other freedoms.
considered some of the essentials in making They both are nothing without each
laws for a “welfare state”. other as one provides social and
economic democracy and the other,
Although non-justiciable, they provide a set political rights.
of guidelines for the Government for its  Directive Principles of State Policy
functioning in the country. make it possible for people to
measure the worth of a government
Significance of DPSP and its working. A Government
which doesn’t consider these
 Directive Principles are non- principles can be rejected on this
justiciable but these are backed by ground by the people in favour of a
vox populi (voice of the people), government which gives due
which is the real sanction behind importance to the task of securing
every law in reality. these Directive Principles in the
 DPSP gives the philosophical state.
foundations of a welfare system.  The Directive Principles constitute a
These principles makes it a manifesto of a Nation. These reflect
responsibility of the State to secure it the ideas and views which were there
through welfare legislation. in the mind of the drafters while
 Their nature is more of moral ideals. drafting the constitution. These
They constitute a moral code for the reflected the philosophy behind the
State but this does not reduce their making of the Constitution and
value as moral principles are very hence provide useful information to
important and the absence of it may the courts in interpreting the existing
 provisions in the Constitution and in  Prevention of Atrocities Act
coming up with better laws and safeguarding the interests of SCs and
policies. STs.
 The Directive Principles do not seem  Several Land Reform Acts.
to be very rigid in their meanings
and this helps the State in DPSP and Fundamental rights
interpreting and applying these
principles in accordance with the  Fundamental Rights are described as the
situation prevailing at a given time. basic rights guaranteed to every citizen of
the country under the constitution. They are
Thus, the inclusion of Part IV which present in Part III of the Constitution which
contains the Directive Principles of State ensures some rights to all its citizens so that
Policy proved to be very useful for the they can live their lives peacefully. They
country. The Directive Principles provide help in checking the activities of the
good foundations for welfare state. The Government so that it cannot curtail any of
securing of Directive Principles helped in the basic rights granted by the Constitution
completing the requirements of a democratic in the form of Fundamental rights.
system. It supplemented the Fundamental
Rights of the people and built a State Fundamental Rights apply to all the citizens
characterized by these four pillars – Justice, without any form of discrimination on the
Liberty, Equality, and Fraternity.  basis of race, caste, creed, sex, place of
birth, etc. Violation of the fundamental
Implementation of Directive Principles of rights may lead to punishment and can
State Policy initiate proceedings against the government
if it tries to curtail them.
There are some acts and policies from 1950
onwards which had been implemented to The Indian Constitution recognizes 7
give effect to these Directive Principles. fundamental rights, they are as follows:
They are as follows:
 Right to Equality
 The Minimum Wages Act (1948)  Right to freedom
 Child Labour Prohibition and  Right to freedom of religion
Regulation Act (1986)   Right against exploitation
 The Maternity Benefit Act (1961)  Cultural and Educational Rights
 Equal Remuneration Act (1976)   Right to constitutional remedies
 Handloom Board, Handicrafts  Right to privacy (recently added)
Board, Coir Board, Silk Board, etc.
have been set up for the development Directive Principles of State Policy are some
of cottage industries in the country. important guidelines given to the
 Integrated Rural Development government so that it can work accordingly
Programme (1978) and refer to them while formulating the laws
 Jawahar Rozgar Yojana (1989) and policies, and to build a just society. 
 Swarnajayanti Gram Swarozgar
Yojana (1999) These principles are mentioned in Part IV
 Sampoorna Gram Rozgar Yojana from Article 36 to 51 of the Constitution.
(2001) 
 Mahatma Gandhi National Rural Directive Principles are non-justiciable.
Employment Guarantee Programmes However, these are recognized as an
(2006)  important roleplayer in governing the State.
 The National Forest Policy (1988) These principles aim at creating such an
 Article 21-A was inserted by the environment, which can help the citizens to
86th amendment, making free live a good life where peace and harmony
education for children below the age prevails.
of 14 compulsory. 
The directive principles conjointly gauge the On the other hand, the DPSP are not
performance of the state, in order to achieve enforceable in any Court of Law and
the objectives stated in the preamble of the nothing can be declared as void merely
Indian Constitution. because it is against the provisions given
under the DPSP.
Comparison between DPSP and
Fundamental rights In the case of State of Madras v.
Champakam, the Supreme Court held the
DIRECTIV Fundamental rights are superior to the DPSP
BASIS FOR saying that the Fundamental Rights under
FUNDAMENT E
COMPARIS Part III prevails over DPSP in case of any
AL RIGHTS PRINCIPL
ON conflict between them.
ES
The
guidelines In the landmark judgment given by the
The essential or Supreme Court in the Golak Nath case, it
which are
basic rights was held that the provisions mentioned
considered
Meaning granted to all under Part III as Fundamental Rights cannot
while
the citizens of be undermined just to implement the
formulating
the country. provisions given under Part IV which enlists
policies and
laws. some important guidelines for the State in
In Part IV of the form of the DPSP.
In Part III of the the
Defined  The Constitution was amended in the year
Constitution. Constitution
. 1971 and through this amendment, Article
Nature Negative Positive 31C was incorporated in the Constitution. It
confers wider importance on the DPSP. 
Legally Not
Enforceability
enforceable. enforceable.
In the Minerva Mills case, the Supreme
Social and Court restricted this wide scope which was
Political
Democracy economic conferred on the DPSP under Article 31C by
democracy.
democracy. making the following changes:
Legislation Not required. Required.
Individual Public  It restored Article 31C to its pre-
Promotes
welfare welfare 1976 position. A law would be
protected by Article 31C only in the
  case if it has been made to
implement the Article 39 (b) and
The conflict between DPSP and Article39 (c) of the DPSP and not
fundamental rights any of the other directive included in
Part IV.
Fundamental Rights and the DPSP are  There is a fine balance in the
supplementary to each other and are Constitution between the DPSP and
essential to meet the social and economic the Fundamental Rights, which
dimensions of a democratic government. should be adhered  by the Courts
without placing any of them as
The conflict between Fundamental Rights superior. 
and DPSP often arises as sometimes it has
been seen, by various legislations, that Criticism of Directive Principles of State
DPSP have wider scope than the Policy
Fundamental Rights. The Fundamental
Rights are the rights which are enforceable  Some of its critics hold that these
by the Courts and any law that is in principles don’t carry any
contravention to the provisions mentioned in importance as their violation can’t be
Part III are ultra vires.  challenged in the courts.
  The Directive Principles are a mere There are some important judicial
declaration of the instructions which pronouncements which tried to give an
are to be observed and secured by answer to this question, they are as follows:
the State at will. but the Constitution
neither makes them justiciable nor it Kerala Education Bill [1]
mentions any limit to what extent it
can be secured. The court said that if a conflict arises
 These are neither consistently between Fundamental Right and DPSPs, the
explicit nor properly classified. harmony between the two should not be
These appear to be a collection of disturbed, but if, even after applying the
instructions which are only based on doctrines of interpretation the conflict
morals and a State can’t rely merely doesn’t resolves then the former should be
on morals for its working. upheld and given more importance over the
 Several Directives lack clarity and other i.e. DPSP.
they have been repeated at different
places. Madras vs Champakan [2]
 The Directive to push international
peace and friendly relations among If any law is in contravention to the
all the nations is just a declaration provisions mentioned under Part III of the
but the real issue is the securing part Indian Constitution, it would be held void
of it for which nothing has been but this is not applicable in case of DPSPs.
given. This shows that Fundamental rights are on a
 Part IV includes some directives higher pedestal than DPSPs as far as this
which are not complete in actual case is concerned.
observation. The ideal is to introduce
prohibition but this ideal cannot be Venkataraman v. State of Madras [3]
really and effectively realised. The
states which introduced prohibition The Court gave more importance to the
had to scrap it later on. Fundamental rights over DPSPs.
 Most of the Directive Principles are
based on old and foreign philosophy I. C. Golaknath & Ors vs State Of Punjab &
which have lost its relevance now. Anr. [4]
 Many critics hold that the Preamble
should also enlists all these goals The Court held that the Parliament cannot
which are given under DPSP and curtail the Fundamental rights in making any
their description in Part IV has made law or policy for the country. It also
things more complicated and mentioned that if a law has been made to
complex than it was before. give effect to Article 39 (b) and Article 39
 Directive principles just create an (c) of Part IV of the Constitution and in
impression about the usage of the doing so if Article 14, Article 19 or Article
legitimate power by the State and the 31 gets violated, then it cannot be declared
motive is to gain support through as void merely on the ground of such
promise-making and not through contravention.
inaction . 
Keshavnanda Bharati vs the State of Kerala
Case study on Directive Principles of State [5]
Policy
The Apex Court placed DPSPs on a higher
The question that arises is whether position than Fundamental Rights. 
Fundamental Rights precedes DPSPs or
latter takes a higher position than the former, After that, in the case of Minerva Mills vs
it has been a subject of argument for years. Union of India [6], the Court while deciding
the case held that the harmony between the
two should be maintained because neither of
the two has any precedence over each other.
Both are complementary to each other and
they should be balanced anyhow for the
proper functioning of the State.

Unnikrishnan vs State of Andhra Pradesh

[7]

The Court was of the view that Fundamental

Rights and Directive Principles are not
exclusive but complementary to each other.
The Court said that the Fundamental Rights
are the ways through which the goals given
in Part IV can be achieved.

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
ultimate goal of a country i.e to work for the
welfare of its citizens. There are some
important Acts in the above-mentioned
information, so we can’t say that DPSPs are
not implemented and have no importance at
all.ube

It is like a structure given for the

government and it should work and
formulate new laws revolving around that
structure only so that the welfare of the
people be ensured. Every policy and law
formulated by the state has to meet the
standards which are mentioned in Part IV of
the Constitution. 

Thus, even after being non-justiciable they

are implemented in some important Acts and
they hold equal relevance and importance as
Fundamental rights mentioned in Part III of
the Constitution of India.