DIRECTIVE PRINCIPLES

OF

STATE POLICY
 TABLE OF CONTENTS

 Directive Principles of State Policy (Meaning)

 Part IV of Indian Constitution

 History

 Sources

 Features

 List of Directive Principles.

a) Articles 36 - 37
b) Socialistic Principles ( Article 38, 39, 39A, 41, 42, 43 47)
c) Gandhian Principles ( Article 40, 43, 43B, 46, 47, 48)
d) Liberal - Intellectuat Principles ( Article 44, 45, 48, 48A, 49, 50 51)

 Enforceability of DPSP

 Importance of DPSP

 Significance of DPSP
 WHAT IS DIRECTIVE PRINCIPLE OF STATE POLICY?

The Directive Principles of State Policy (DPSP) has been taken from the Irish constitution and enumerated in Part
IV of the Indian Constitution. 

The concept behind the DPSP is to create a ‘Welfare State’. In other words, the motive behind the inclusion of
DPSP is not establishing political democracy rather, it’s about establishing social and economic democracy in the
state. These are some basic principles or instructions or guidelines for the government while formulating
laws/policies of the country and in executing them.

According to Dr B R Ambedkar, these principles are ‘novel features’ of the Constitution. DPSP acts as a guideline
for the state and should be taken into consideration while coming up with some new policy or any law. But no
one can compel the State to consider and follow all that which is mentioned in DPSP, as DPSP is not justiciable.

Part IV of Indian Constitution

Part 4 of the Indian Constitution consists of all the DPSP (Directive Principles of State Policy). It covers the
Articles from 36 to 51. 

Article 36 of Part IV defines the term “State” as the one, who has to keep in mind all the DPSP before
formulating any policy or law for the country. The definition of “State” in the part IV will be the same as that of
Part III, unless the context otherwise requires a change in it. In Article 37 the nature of DPSP has been defined.
DPSPs are non-justiciable. 

Article 38 to 51 contains all the different DPSP’s.

HISTORY of DPSP

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.

The Constituent Assembly was given the task of making a constitution for India. The assembly composed of
elected representatives and Dr. Rajendra Prasad was elected as its President. 

Both the Fundamental Rights and the DPSP were enlisted in all the drafts of the constitution (I, II and III)
prepared by the Drafting Committee whose chairman was Dr. B.R. Ambedkar.
 Sources of DPSP

 The DPSP of the Indian Constitution was inspired by the Irish Constitution which took these details
from Spain.
 Some Instruments of Instructions, which also became the immediate source of DPSP, have been taken
from the Government of India Act, 1935.
 Another source was the Sapru Report, 1945 which gave us both Fundamental Rights (justiciable) and
DPSP(s) (non-justiciable).

Features of DPSP

 DPSP are not enforceable in a court of law. 

 They were made non-justifiable considering that the State may not have enough resources to
implement all of them or it may even come up with some better and progressive laws.
 It consists of all the ideals which the State should follow and keep in mind while formulating policies
and enacting laws for the country.
 The DPSPs are like a collection of instructions and directions, which were issued under the
Government of India Act, 1935, to the Governors of the colonies of India.
 Adding DPSP was all about creating a “welfare state” which works for the individuals of the country
which was absent during the colonial era. 

List of Directive Principles of State Policy

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

 Socialistic Principles,
 Gandhian Principles and,
 Liberal-Intellectual Principles.

Article 36

 Article 36 contains the definition of State. 

 The definition given in Article 12 shall apply in this part as well which says that the State includes:
o The Government of India
o The Parliament of India
o The Government of each of the States 
o The Legislature of each of the States
o All the authorities whether local or any other which are the part of Indian territory or under
the control of the government.
Article 37

 Article 37 mentions the two important characteristics of DPSP, and they are:
o It is not enforceable in any court of Law.
o And they are very basic and essential for the governance of the country.

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

Article Secure citizens:

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

Article In cases of unemployment, old age, sickness and disablement, secure citizens:
41
 Right to work
 Right to education
 Right to public assistance,
 

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

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

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

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

DPSP – 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 co-operation basis in rural areas

Article Promote voluntary formation, autonomous functioning, democratic control and professional
43B 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

DPSP – 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

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

Enforceability of DPSP

DPSP were not made enforceable by the Constituent Assembly which was formed to draft the Indian
Constitution. But the non-enforceability of the Principles does not mean that they are of no importance.
There are some arguments which are in favor of its enforceability and some are against the making of DPSP
enforceable. Those who favor the enforcement of the Principles argue that enforceability of DPSPs will keep a
check on the Government and would unite India. For instance, Article 44 of the Indian Constitution talks about
the Uniform Civil Code which aims for uniform provisions of civil law for all the citizens of the country
irrespective of their caste, creed, religion or beliefs.

People who are against the enforcement of the DPSPs are of the view that these principles need not be
separately enforced as there are already many laws which indirectly implements the provisions mentioned in
DPSP. For instance, Article 40 of the Constitution which deals with Panchayati Raj system was introduced
through a constitutional amendment, and it is very evident that there are numerous panchayats exist in the
country today.

Another argument against DPSP is that it imposes morals and values on the citizens of the country. It should not
be clubbed with the law as it is really important to grasp that law and morals area unit various things. If we
impose one on the opposite that will generally impede the expansion and development of the society.

Importance of DPSP

DPSP covers the Articles 36-51 in Part IV of the constitution.

It mentions protection of women of the country, environmental conservation, rural growth and development,
decentralisation of power, uniform civil code, etc. which are considered some of the essentials in making laws
for a “welfare state”.

Although non-justiciable, they provide a set of guidelines for the Government for its functioning in the country.

Significance of DPSP

 Directive Principles are non-justiciable but these are backed by vox populi (voice of the people), which
is the real sanction behind every law in reality.
 DPSP gives the philosophical foundations of a welfare system. These principles makes it a
responsibility of the State to secure it through welfare legislation.
 Their nature is more of moral ideals. They constitute a moral code for the State but this does not
reduce their value as moral principles are very important and the absence of it may hamper the
growth of a society. A state is run by its people and the Government is always formed and managed
by them, so it’s really important to have a set of standards for making laws in the country.
 Directive Principles act as a guide for the government which helps them in making policies and laws
for the purpose of securing justice and welfare in the State.

SUBMITTED BY:-

HARSHIT SHUKLA

COURSE:- B.Tech CSE 2nd Year

SEMESTER:- IV
ROLL No:- 202010101110708
GROUP:- 45