Meaning of Directive Principles of State Policy (DPSPs)

The Directive Principles of State Policy (DPSP) of Indian

Constitution are guidelines and principles enshrined in the Indian
Constitution that are aimed at directing the State in its governance and
policy-making to ensure the welfare of the people and the establishment
of a just society. DPSPs are considered fundamental to the governance of
India and are integral to the constitutional framework of the country.

Constitutional Provisions of DPSPs

The Directive Principles of State Policy (DPSPs) are enshrined

in Articles 36 to 51 in Part IV of the Constitution.

Features of Directive Principles of State Policy (DPSPs)

The Directive Principles of State Policy in the Indian

Constitution encompass several key features which are as follows:

 Non-Justiciability- Unlike fundamental rights, which are legally

enforceable, DPSPs are non-justiciable, meaning they cannot be
enforced by courts. However, they are considered fundamental in
governance and serve as moral and political directives for the state.

 Dynamic and Evolving- DPSPs are not static principles but evolve
over time to address emerging socio-economic challenges and the
changing needs of society. They allow for adaptation and innovation
in governance strategies to meet evolving circumstances.

 Welfare State- The DPSPs are aimed at promoting the welfare of

the people and the establishment of a just society. They emphasize
principles of justice, equality, and fraternity in the governance of the
country.

 Socio-Economic Objectives- DPSPs aim to establish certain social

and economic goals that the State should strive to achieve. These
objectives include promoting social justice, economic welfare, and
the overall development of the nation.

 Balance between Rights and Duties- While fundamental rights

focus on protecting individual liberties, DPSP emphasizes the
importance of balancing rights with corresponding duties. They
emphasize the collective welfare of society over individual interests.

 Integral to the Constitutional Scheme- DPSP are an integral

part of the Indian Constitution. They reflect the socio-economic
ideals and aspirations of the framers of the Constitution and are
 considered essential for the establishment of a just and equitable
society.

 Good Governance- They encourage the promotion of good

governance practices, including transparency, accountability, and
the efficient functioning of public institutions.

 Cultural and Educational Values- These principles emphasize the

promotion of cultural and educational institutions to preserve and
enrich the country’s diverse cultural heritage and foster a spirit of
scientific inquiry and innovation.

 International Obligations- DPSP may also guide the state in

fulfilling its international obligations and commitments. They reflect
principles of international law and conventions that India has
ratified, reinforcing the country’s commitment to global standards of
human rights and development.

Classification of Directive Principles of State Policy (DPSPs)

The Constitution does not contain any classification of Directive Principles

articles 36 to 51.

However, Directive Principles articles 36 to 51 can be broadly classified

into three categories based on their content and orientation-

Socialistic Principles,

Gandhian Principles, and

Liberal-Intellectual Principles.

Socialistic Principles

These principles aim to establish a more equitable and just society by

promoting social and economic welfare and reducing disparities among
citizens. They direct the State:

Socialistic Principles

These principles aim to establish a more equitable and just society by

promoting social and economic welfare and reducing disparities among
citizens. They direct the State:

Article Related Initiatives

Description
s Taken

Article To promote the welfare of the people by – Pradhan Mantri Awas

38 securing a social order permeated by justice— Yojana
social, economic, and political—and to – Public Distribution
Article Related Initiatives
Description
s Taken

minimize inequalities in income, status,

System
facilities, and opportunities.

To secure
– The right to adequate means of livelihood for
all citizens,
– Maternity Benefit Law
– The equitable distribution of material
– Integrated Child
resources of the community for the common
Development Scheme
good,
– Minimum Wages Act
Article – Prevention of concentration of wealth and
of 1948
39 means of production,
– Ajeevika, Rural
– Equal pay for equal work for men and
Livelihood Mission,
women,
Promotion of Self Help
– Preservation of the health and strength of
Groups (SHGs)
workers and children against forcible abuse,
Opportunities for the healthy development of
children.

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

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

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

Article To secure a living wage, a decent standard of – 4 Labour Codes –

43 living, and social and cultural opportunities for Code on Wages, Code
all workers. on Social Security etc.
Article Related Initiatives
Description
s Taken

– Social Security Act of

2008

– Trade Union Act of

Article To take steps to secure the participation of 1926
43A workers in the management of industries. – Apprenticeship Act of
1961

To raise the level of nutrition and the standard – Poshan Abhiyan

Article
of living of people and to improve public – One Nation One
47
health. Ration Card

Gandhian Principles

These principles are aimed at promoting Gandhian values of social justice,

decentralization, self-sufficiency, and moral governance. They direct the
State:

Article
Subject-Matter Related Actions and Schemes
s

To organize village panchayats and – Successful PRI Models

endow them with the necessary a. Sakala Initiative of Karnataka.
Article
powers and authority to enable b. Sangram Initiative of
40
them to function as units of self- Maharashtra.
government. c. Panch Parmeshwar of MP.

– Minimum Wages Act of 1948

– Payment of Wages Act 1936 –
To promote cottage industries on
Article amended in 2017 to provide for
an individual or cooperative basis
43 payment of wages in cheque or
in rural areas.
direct transfer to bank
accounts.

– Ministry of Cooperation to
To promote voluntary formation,
strengthen cooperative movement
autonomous functioning,
Article in India.
democratic control, and
43B – Yuva Sahakar-Cooperative
professional management of
Enterprise Support and Innovation
cooperative societies.
Scheme 2019.
 – Complementary to Fundamental
To promote the educational and
Rights under Article 15(3), 15(4),
economic interests of SCs, STs, and
Article 15(5).
other weaker sections of society
46 – Scheduled Castes and Scheduled
and to protect them from social
Tribes (Prevention of Atrocities) Act
injustice and exploitation.
of 1989.

To prohibit the consumption of

Article – Ban on Liquor in Bihar.
intoxicating drinks and drugs that
47 – Ban on gutka and e-cigarettes
are injurious to health.

To prohibit the slaughter of cows,

– Rashtriya Gokul Mission
Article calves, and other milch and
– Kamdhenu Yojana
48 draught cattle and to improve their
– Pashudhansanjivani
breeds.

Liberal–Intellectual Principles

The principles represent the ideology of liberalism. They direct the State:

Article
Subject-Matter Related Actions and Schemes
s

To secure for all citizens a

Article – Hindu Code Bill (1956)
Uniform Civil Code throughout
44 – Special Marriage Act (1956)
the country.

To provide early childhood care

– Integrated Child Protection
Article and education for all children
Scheme
45 until they complete the age of six
– Beti Bachao Beti Padhao Scheme
years.

To organize agriculture and – e- NAM

Article
animal husbandry on modern and – Soil Health Card
48
scientific lines. – KUSUM Scheme

To protect and improve the – Indian Forest Act of 1927.

Article
environment and to safeguard – Wildlife Protection Act of 1972.
48A
forests and wildlife. – Biological Diversity Act of 2002.

To protect monuments, places, – National Historic Preservation Act

Article and objects of artistic or historic of 1966.
49 interest which are declared to be – Antiquities and Art Treasure Act of
of national importance. 1972.

Article To separate the judiciary from the – Doctrine of Separation of Powers as

50 executive in the public services of part of Basic Structutre of the
the State. Constitution (Kesavananda Bharati
 vs. State of Kerala Case, !973.)

– To promote international peace

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

Amendments in DPSP

Several additional Directive Principles have been incorporated into the

original list through various amendments. These new principles are listed
below:

The 42nd Amendment Act of 1976

Articles Subject Matter

Article
To secure opportunities for the healthy development of children.
39

Article
To promote equal justice and to provide free legal aid to the poor.
39A

Article To take steps to secure the participation of workers in the

43A management of industries.

Article To protect and improve the environment and to safeguard forests and
48A wildlife.

The 44th Amendment Act of 1978

Article Subject-Matter

Article To minimize inequalities in income, status, facilities, and

38 opportunities.

The 86th Amendment Act of 2002

Article Subject-Matter

Article – This Amendment Act has changed the subject matter of Article 45 and
45 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 six
 years.

The 97th Amendment Act of 2011

Article Subject-Matter

It requires the state to promote voluntary formation, autonomous

Article
functioning, democratic control, and professional management of
43B
cooperative societies.

Why Directive Principles are Non-Justiciable in nature?

The framers of the Constitution made the nature of Directive Principles of

the State Policy non-justiciable and legally non-enforceable because of the
following reasons:

 Insufficient Financial Resources- The nation lacked adequate

financial resources to fully implement these principles at the time of
the drafting of the Constitution.

 Diversity and Backwardness- The presence of immense diversity

and socio-economic backwardness across the country posed
significant challenges to their effective implementation.

 Burdensome Responsibilities of the Newly Independent

State- The newly established independent Indian State had
numerous pressing priorities, and enforcing these principles could
potentially overwhelm its capacities.

Utility of Directive Principles

Although Directive Principles do not grant legal rights or establish legal

remedies, they hold significance and utility in the following ways-

 Instrument of Instructions- They function as “Instrument of

Instructions” or general recommendations addressed to all
authorities within the Indian Union.

o They serve as reminders of the fundamental principles

underlying the envisioned social and economic order set forth
by the Constitution.

 Judicial Review- They have served as guiding lights to the courts,

aiding them in exercising their power of judicial review, specifically
in assessing the constitutional validity of a law.

 Framework for State Actions- They constitute the overarching

framework guiding all actions (legislative and executive) undertaken
by the State and also a guide to the courts in certain aspects.
  Alignment with Preamble- They elaborate on the aspirations
outlined in the Preamble, which solemnly resolves to secure justice,
liberty, equality, and fraternity for all citizens of India.

 Stability and Consistency in Policies- It facilitates stability and

consistency in both domestic and foreign policies across political,
economic, and social spheres.

 Supplementary to Fundamental Rights- They are

supplementary to the fundamental rights of citizens and it has filled
the vacuum in Part III by providing for social and economic rights.

 Enhanced Democratic Environment- These principles create a

conducive environment for citizens to fully enjoy their fundamental
rights, recognizing that political democracy is truly meaningful when
complemented by economic democracy.

 Empowerment of Opposition- These principles empower the

opposition to scrutinize and influence the government policies if
they are opposed to the Directives.

 Citizen Evaluation of Government Policies- These principles

allow citizens to evaluate the performance and programs of the
government.

Conflicts Between Fundamental Rights and DPSP: Associated

Cases

 Champakam Dorairajan vs. the State of Madras (1951)- In

this case, the Supreme Court ruled that in the event of any conflict
between the Fundamental Rights and the Directive Principles, the
Fundamental Rights would prevail.

o It declared that the Directive Principles act as a subsidiary of

the Fundamental Rights.

o It also held that Fundamental Rights could be amended by the

Parliament only by enacting Constitutional Amendment Acts.

 Golaknath vs. the State of Punjab (1967)- In this case, the

Supreme held that Fundamental Rights could not be amended by
the Parliament even for the implementation of Directive Principles of
State Policy.

o However, it was contradictory to its own judgment in the

‘Shankari Parsad case’.

 Kesavananda Bharati vs. the State of Kerala (1973)- In this

case, the Supreme Court overruled its Golak Nath verdict (1967).
 o It declared that Parliament can amend any part of the
Constitution but cannot alter the “Basic Structure Doctrine” of
the Constitution.

o After this judgment, the Right to Property (Article 31) was

deleted from the list of Fundamental Rights.

 Minerva Mills vs. the Union of India (1980)- In this case, the
Supreme Court reaffirmed that Parliament can amend any part of
the Constitution but cannot change the “Basic Structure” of the
Constitution.

Therefore, the present position is that the Fundamental Rights enjoy

supremacy over the Directive Principles. Yet, this does not mean that the
Directive Principles cannot be implemented. The Parliament can amend
the Fundamental Rights to implement the Directive Principles, so long as
the amendment does not damage or destroy the ‘Basic Structure’ of the
Constitution.

Directives Outside Part IV

In addition to the Directives outlined in Part IV, several other Directive

Principles are contained in the other parts of the Constitution. They are:

Article Subject-Matter

It ensures that the claims of Scheduled Castes and

Article 335 in Part XVI
Scheduled Tribes in appointments to Union or State
– Claims of SCs and
services must be considered to maintain efficiency of
STs to Services
administration.

Article 350-A in Part It encourages every state and all local authorities to
XVII – Instruction in provide primary education in the mother tongue to
the Mother Tongue children belonging to linguistic minority groups.

It mandates the Union to promote and develop the

Article 351 in Part
spread of the Hindi language and serves as a medium
XVII – Development of
of expression for all the elements of the composite
the Hindi Language
culture of India.

The above Directives are also non-justiciable in nature. However, they are
given equal importance and attention by the judiciary because all parts of
the Constitution must be read together.

Implementation of DPSP: Related Acts

 Land Reforms- All the states have enacted land reform laws to
transform agrarian societies and enhance the living conditions of
rural populations. These measures include-
 o Abolition of intermediaries such as zamindars, jagirdars,
inamdars, etc.

o Implementation of tenancy reforms such as security of

tenure, fair rents, etc.

o Imposition of landholding ceilings, etc.

 Labor Reforms- The following legislation has been enacted to

safeguard the rights and welfare of the labour force-

o The Minimum Wages Act (1948), now integrated into the Code
on Wages (2020),

o The Contract Labour Regulation and Abolition Act (1970),

o The Bonded Labour System Abolition Act (1976), etc.

 Panchayati Raj System- The government has fulfilled the

constitutional obligation stated in Article 40 (to organize village
panchayats) through the 73rd Constitutional Amendment Act of
1992.

 Cottage Industries- The government has established several

Boards such as the Khadi and Village Industries Board, Khadi and
Village Industries Commission, etc., to promote cottage
industries as per Article 43.

 Education- The government passed the Rights to Education Act

2009 and implemented provisions related to free and compulsory
education as provided in Article 45 through the 86th
Constitutional Amendment of 2002.

 Rural Area Development- The government has launched various

programs such as the Integrated Rural Development
Programme (1978), Samagra Shiksha Abhiyan (2018), and
the Mahatma Gandhi National Rural Employment Guarantee
Act (2006) to raise the standard of living in rural areas.

 Environment Reforms-TheWildlife (Protection) Act of

1972 and the Forest (Conservation) Act of 1980 were enacted
to ensure the preservation of wildlife and forests.

o Additionally, the Water and Air Pollution Control Acts have

facilitated the establishment of the Central Pollution Control
Board.

 Heritage Preservation: The Ancient and Historical Monument

and Archaeological Sites and Remains Act (1958) has been
 enacted to protect monuments, places, and objects of national
importance giving effect to Article 49 of the Indian Constitution.

Significance of Directive Principles of State Policy (DPSPs)

 The Directive Principles of State Policy (DPSPs) in Indian

Constitution are fundamental guidelines for the government to
promote social welfare, economic justice, and equity, aiming to
create a just society.

 While not legally enforceable, they play a crucial role in shaping

laws and policies that align with ideals like social and economic
democracy, promoting fair wages, environmental protection, and
accessible education.

 The DPSPs bridge the gap between individual rights and social
obligations, providing a vision for governance that prioritizes the
welfare of all citizens and works towards reducing inequality across
various sections of society.

Criticism of Directive Principles of State Policy

 Non-Justiciability- DPSPs are non-justiciable in character as they

lack enforceability, leading to their ineffectiveness in ensuring social
and economic justice.

 Illogically Arranged- DPSPs are neither properly classified nor

logically arranged, as these principles have mixed up unimportant
issues with the most vital economic and social questions

 Conservative- The DPSPs do not embrace socialism entirely. Critics

argue that the Directives were deemed suitable for India in the mid-
20th century but questioned their relevance for the 21st century,
suggesting they may become outdated over time.

 Constitutional Conflict-

 Conflict with Fundamental Rights- Some DPSPs often conflict

with Fundamental Rights, leading to ambiguity and facing
challenges in balancing competing interests.

 Lack of Clarity- The vague and ambiguous language used in DPSPs

can lead to interpretation issues, making them difficult to implement
effectively.

 Political Expediency- There is criticism that governments often

prioritize short-term political gains over the long-term objectives
outlined in DPSPs, undermining their significance.
  Inadequate Implementation- Many argue that successive
governments have failed to adequately implement DPSPs, leading to
persistent socio-economic inequalities and underdevelopment.

 Lack of Accountability- Due to their non-binding nature, critics

argue that there is a lack of accountability in ensuring compliance
with DPSPs, allowing governments to neglect their obligations.

 Ignoring Social Realities- Some argue that DPSPs fail to address

the complexities of India’s diverse socio-economic realities, resulting
in policies that may not effectively address the needs of all citizens.

Distinction Between Fundamental Rights and Directive Principles

Fundamental Rights Directive Principles

1. These are negative as they

1. These are positive as they require the State to
prohibit the State from doing
do certain things.
certain things.

2. These are justiciable in

2. These are non – justiciable in nature.
nature.

3. They aim to establish

3. They aim to establish social and economic
political democracy in the
democracy in the country.
country.

4. These have legal

4. These have moral and political sanctions.
sanctions.

5. They promote the welfare

of the individual. Hence they 5. They promote the welfare of the community.
are personal and Hence, they are societarian and socialistic.
individualistic.

6. They are automatically

enforced means they do not 6. They are not automatically enforced means
require any legislation for they require legislation for their implementation.
their implementation.

7. The courts cannot declare a law

7. The courts can declare a
unconstitutional and invalid if it violates any of
law unconstitutional and
the Directive Principles. However, they can
invalid if it violates any of the
uphold the validity of a law on the ground that it
Fundamental Rights.
was enacted to give effect to a directive.

The Directive Principles of State Policy (DPSPs) encapsulate the moral and
political aspirations of the Indian Constitution, providing a framework for
governance that emphasizes social justice, economic equity, and the
overall welfare of citizens. While non-justiciable, these principles serve as
guiding lights for policymakers, shaping legislative and executive actions
aimed at fostering inclusive development and upholding the dignity of
every individual. Despite criticisms and challenges, DPSPs remain integral
to India’s democratic ethos and they remain relevant in their capacity to
adapt and evolve, ensuring that the constitutional ideals of justice, liberty,
equality, and fraternity continue to guide the nation towards a brighter
future.