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Directive Principles Unit 1

The document discusses the Directive Principles of State Policy in the Indian Constitution. It outlines that the DPSP are non-binding principles for the governance of India that promote social welfare. The DPSP can be classified into socialistic, Gandhian, and liberal-intellectual principles and have been amended over time to add new principles.

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19 views5 pages

Directive Principles Unit 1

The document discusses the Directive Principles of State Policy in the Indian Constitution. It outlines that the DPSP are non-binding principles for the governance of India that promote social welfare. The DPSP can be classified into socialistic, Gandhian, and liberal-intellectual principles and have been amended over time to add new principles.

Uploaded by

kapoormonika513
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© © All Rights Reserved
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Directive Principles of State Policy:

Articles 36-51 under Part-IV of 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.

The Directive Principles constitute a very comprehensive social, economic and political
programme for a modern and welfare state.

These principles emphasizes that the State shall try to promote welfare of people by
providing them basic facilities like shelter, food and clothing.

Unlike Fundamental Rights, the Directive Principles of State Policy (DPSP)


are non- binding in nature which means they are not enforceable by the
courts for their violation.

However, the Constitution itself declares that ‘these principles are


fundamental in the governance of the country and it shall be the duly of the
state to apply these principles in making laws’. Hence, they impose a moral
obligation on the state authorities for their implementation.

Features of Directive Principles of State Policy (DPSP)

1. It denotes the ideals that the State should keep in mind while formulating
policies and enacting laws.

2. It resembles the ‘Instrument of Instructions’ enumerated in the


Government of India Act of 1935. In the words of Dr B R Ambedkar, ‘the
Directive Principles are like the instrument of instructions, which were issued
to the Governor-General and to the Governors of the colonies of India by the
British Government under the Government of India Act of 1935.

3. It constitutes a very comprehensive economic, social and political programme


for a modern democratic State which aimed at realising the high ideals of justice,
liberty, equality and fraternity as outlined in the Preamble to the Constitution. They
embody the concept of a ‘welfare state’ which was absent during the colonial era.

Classification of Directive Principles of State Policy (DPSP)


The Constitution of India does not formally classify the Directive Principles of
State Policy but for better understanding and on the basis of content and
direction- they can be classified into three categories:

Socialistic Principles,

Gandhian Principles,

and Liberal-Intellectual Principles.

Socialistic Principles: These principles contemplate the ideology of socialism


and lay down the framework of a democratic socialist state. The concept
envisages providing social and economic justice, so that state should achieve
the optimum norms of welfare state. They direct the state through- Article
38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article
43 A and Article 47.

Gandhian Principles: These principles reflect the programme of


reconstruction enunciated by Gandhi during the national movement. In order
to fulfil the dreams of Gandhi, some of his ideas were included in DPSP and
they direct the state through- Article 40, Article 43, Article 43 B, Article
46, Article 47 and Article 48.

Liberal-Intellectual Principles: These principles inclined towards the


ideology of liberalism and they direct the state through- Article 44, Article
45, Article 48, Article 48 A, Article 49, Article 50 and Article 51.
New Provisions of Directive Principles after Amendment

Four new Directive Principles were added in the 42nd Amendment Act of
1976 to the original list. They are requiring the state:

1. Added clause in Article 39: To secure opportunities for healthy


development of children

2. Added clause in Article 39 as Article 39A: To promote equal justice


and to provide free legal aid to the poor

3. Added clause in Article 43 as Article 43 A: To take steps to secure the


participation of workers in the management of industries

4. Added clause in Article 48 as Article 48A: To protect and improve the


environment and to safeguard forests and wildlife

The 44th Amendment Act of 1978 added one more Directive Principles
which requires the state to minimise inequalities in income, status, facilities
and opportunities in article 38.

The 86th Amendment Act of 2002 changed the subject-matter of Article


45 and made elementary education a fundamental right under Article 21 A.
The amended directive requires the State to provide early childhood care
and education for all children until they complete the age of six years.

The 97th Amendment Act of 2011 added a new Directive Principle


relating to co-operative societies. It envisages that the state to promote
voluntary formation, autonomous functioning, democratic control and
professional management of co-operative societies (Article 43B).

In nutshell, the Directive Principles of State Policy refers to those principles,


which should be kept in mind by the State while formulating policies. They
are non-justiciable which means one cannot approach the court for its non-
implementation but can be referred to by the Supreme Court while deciding
whether a particular policy is unconstitutional or not.

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