Directive Principles of State Policy (DPSP)

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.

What are the Directive Principles of State Policy?

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 are ideals
which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are
various definitions to 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 on the basis of 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:

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 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 39
A 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

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 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

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.
(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?

42nd Amendment Act,

1976 added four new Directive Principles in the list:
Article 39
To secure opportunities for the healthy development of children 2
Article 39A
To promote equal justice and to provide free legal aid to the poor 3

Article 43A
To take steps to secure the participation of workers in the management of industries 4
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 complete the age of 14 years.
3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to co-
operative societies. It requires the state to promote voluntary formation, autonomous functioning,
democratic control and professional management of co-operative 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

What is 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)
The Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs, the
provisions of the former would prevail. DPSPs were regarded to run as a subsidiary to Fundamental
Rights. SC also ruled that Parliament can amend Fundamental Rights through 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) The
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 Bharati Case (1973)

The Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act
during the 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)

The Supreme Court held the extension of Article 31C made by the 42nd amendment act
unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. The 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 for implementing the
Directive Principles, so long as the amendment does not damage or destroy the basic structure of the
Constitution.