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Directive Principles of State Policy

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Directive Principles of State Policy

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Rishi Gadhi
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© © All Rights Reserved
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Directive Principles of State Policy

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.
What is Directive Principles of State Policy (DPSPs)?
 The Directive Principles of State Policy, in the context of India, refers to a set of
guidelines or principles contained in the Indian Constitution.
 They denote the ideals that the governments in India, both Central as well as State,
should keep in mind while formulating policies and enacting laws.
 They constitute a very comprehensive socio-economic and political program that
would aid in achieving socio-economic justice and setting the foundation for a
modern and welfare state.

Classification of Directive Principles of State Policy


Though the Constitution has not classified the Directive Principles, based on their content and
orientation, they can be classified into three broad categories:

1. Socialistic Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles.
1. Socialistic Principles

Embodying the ideology of socialism, these principles lay down the framework of a
democratic socialist state. Overall, they strive to establish a welfare state by providing for
social and economic justice.
Articles Description Related Initiatives Taken

– Pradhan Mantri Awas


Yojana
– Public Distribution System
To promote the welfare of the people by securing
– MNREGA
a social order permeated by justice—social,
Article – Establishment of the
economic, and political—and to minimize
38 National Commission of
inequalities in income, status, facilities, and
Schedule Castes (NCSC)
opportunities.
– Establishment of the
National Commission of
Schedule Tribes (NCST)

Article To secure – Maternity Benefit Law


39 – The right to adequate means of livelihood for all – Integrated Child
citizens, Development Scheme
– The equitable distribution of material resources – Minimum Wages Act of
of the community for the common good, 1948
– Prevention of concentration of wealth and – Equal Remuneration Act of
means of production, 1976
– Equal pay for equal work for men and women, – Rural Livelihood Mission,
– Preservation of the health and strength of and Urban Livelihood Mission
Articles Description Related Initiatives Taken

workers and children against forcible abuse, – Promotion of Self-Help


Opportunities for the healthy development of Groups (SHGs)
children. – Mission Indradhanush

– National Legal Services


Article To promote equal justice and to provide free legal Authority
39A aid to the poor. – Pro Bono Legal Service
– Nyaya Mitra Scheme

– National Social Assistance


Program- Annapurna.
– MGNREGA Act of 2005
To secure the right to work, to education, and to
Article – Persons with Disabilities Act
public assistance in cases of unemployment, old
41 of 1995
age, sickness, and disablement.
– Maintenance and Welfare of
Parents and Senior Citizen Act
2007

– Pradhan Mantri Matru


Article To make provision for just and humane conditions Vandana Yojana
42 of work and maternity relief. – Maternity Benefit Act of
2017

– 4 Labour Codes
To secure a living wage, a decent standard of – MGNREGA Act
Article
living, and social and cultural opportunities for all – Social Security Act of 2008
43
workers. – Atmanirbhar Bharat Rojgar
Yojana

– Labour Laws such as


Factories Act 1948, Industrial
Dispute Act 1947, Contract
Article To take steps to secure the participation of
Labour Act 1970, etc.
43A workers in the management of industries.
– Trade Union Act of 1926
– Amalgamation of Labor
Courts

– National Food Security Act


Article To raise the level of nutrition and the standard of of 2013
47 living of people and to improve public health. – Poshan Abhiyan
– One Nation One Ration Card
2. Gandhian Principles
These principles are based on the Gandhian ideology and represent the program of
reconstruction enunciated by Gandhi during the national movement.

Articles Subject-Matter Related Initiatives Taken

– 73rd and 74th Constitutional


To organize village panchayats and endow them
Article Amendment Act 1992
with the necessary powers and authority to enable
40 – Panchayats (Extension to
them to function as units of self-government.
Scheduled Areas) Act 1996

– Khadi and Village Handloom


Article To promote cottage industries on an individual or Boards
43 cooperative basis in rural areas. – Khadi and Village Industries
Commission (KVIC)

– Establishment of the
Ministry of Cooperation
– Yuva Sahakar-Cooperative
Enterprise Support and
To promote voluntary formation, autonomous
Article Innovation Scheme 2019
functioning, democratic control, and professional
43B – 97th Constitutional
management of cooperative societies.
Amendment, 2011
– National Cooperative
Development Corporation Act,
1962

– Scheduled Castes and


Scheduled Tribes (Prevention
To promote the educational and economic of Atrocities) Act, 1989
Article interests of SCs, STs, and other weaker sections
46 of society and to protect them from social - National Commission for
injustice and exploitation. Scheduled Castes (NCSC) and
National Commission for
Scheduled Tribes (NCST)

– Gujarat Prohibition Act,


1949
- The Cigarettes and Other
Article To prohibit the consumption of intoxicating Tobacco Products (Prohibition
47 drinks and drugs that are injurious to health. of Advertisement and
Regulation of Trade and
Commerce, Production,
Supply, and Distribution) Act,
2003 (COTPA)

Article To prohibit the slaughter of cows, calves, and – The Prevention of Cruelty to
48 other milch and draught cattle and to improve Animals Act, 1960
their breeds. – Maharashtra Animal
Preservation Act, 1976
Articles Subject-Matter Related Initiatives Taken

(amended in 2015): This law


prohibits the slaughter of bulls,
bullocks, and calves, in
addition to cows. The
amendment also increased the
punishment for violations.

3. Liberal–Intellectual Principles
These principles reflect the ideology of liberalism:

Articles Subject-Matter Related Initiatives Taken

– Special Marriage Act of


Article To secure for all citizens a Uniform Civil Code
1954
44 throughout the country.
– Hindu Code Bill of 1956

– Integrated Child Protection


To provide early childhood care and education
Article Scheme
for all children until they complete the age of six
45 – Beti Bachao Beti Padhao
years.
Scheme

- e-National Agriculture
Article To organize agriculture and animal husbandry on Market
48 modern and scientific lines. – Soil Health Card Scheme
– Rashtriya Gokul Mission

– Wildlife (Protection) Act of


1972
– Environment (Protection)
Article To protect and improve the environment and to
Act of 1986
48A safeguard forests and wildlife.
– Biological Diversity Act of
2002
– Green India Mission

– National Historic
Preservation Act of 1966.
To protect monuments, places, and objects of – The Ancient Monuments and
Article
artistic or historic interest which are declared to Archaeological Sites and
49
be of national importance. Remains Act of 1958
– Antiquities and Art Treasure
Act of 1972.

Article To separate the judiciary from the executive in – Doctrine of Separation of


50 the public services of the State. Powers is a part of the Basic
Structure of the Constitution
– Independence of Judiciary is
a part of the Basic Structure of
Articles Subject-Matter Related Initiatives Taken

the Constitution

– To promote international peace and security


and maintain just and honourable relations
– Non-Alignment Movement
between nations.
Article (NAM)
– To foster respect for international law and
51 – Panchsheel Doctrine
treaty obligations and
– UN Peacekeeping Operations
– To encourage the settlement of international
disputes by arbitration.

Salient features of Directive Principles of State Policy


The Directive Principles of State Policy (DPSP) in the Indian Constitution are guidelines or
principles given to the central and state governments of India, to be kept in mind while
framing laws and policies. Although they are not justiciable, meaning they cannot be
enforced by any court, they are considered fundamental in the governance of the country.
Here are the salient features of the Directive Principles of State Policy:
1. Non-Justiciable in Nature
The DPSPs are not legally enforceable by any court. If the government fails to implement
these principles, no legal action can be taken against it. However, they are fundamental in the
governance of the country and aim to establish a just society.
2. Guidelines for State Policy
The DPSPs act as guidelines for the central and state governments in India. They aim to
ensure that the state strives to promote the welfare of the people by securing and protecting a
social order in which justice, social, economic, and political, shall inform all the institutions
of national life.
3. Inspired by the Irish Constitution
The concept of Directive Principles was borrowed from the Irish Constitution. They were
included in the Indian Constitution under the influence of the Irish model, which aimed to
guide the state in policymaking for the betterment of society.
4. Social and Economic Democracy
While the Fundamental Rights aim to establish political democracy, the DPSPs aim to
establish social and economic democracy in the country. They seek to create an environment
where all citizens have equal opportunities and resources.
5. Reflect the Ideals of a Welfare State
The DPSPs reflect the ideals of a welfare state, aiming to promote the welfare of the people
by securing a social order where justice prevails in all aspects of life. They are designed to
ensure that the state works towards reducing inequalities and providing a decent standard of
living for all.
6. Influence on Governance
Although non-justiciable, the DPSPs have influenced governance and policymaking in India.
Many laws and policies, such as land reforms, the right to education, and welfare schemes,
have been inspired by these principles.

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