Directive Principles of State Policy - Background

 Directive Principles of State Policy resembles the instrument of instruction

contained in the Government of India Act, of 1935. Constitutional makers have
taken inspiration from these instructions which were issued to the Governor-General
and Governors by the British Government.
 The concept of DPSP originated in the Spanish Constitution and was incorporated
into the Irish Constitution. The Indian Constitution was heavily influenced by the
Irish nationalist movement, and the notion of DPSP was copied from the Irish
Constitution in 1937.
 Directive Principles of State Policy are the ideals which state should follow while
formulating policies and enacting laws. These are the constitutional instructions to the
state in legislative, executive and administrative matters.
 Granville Austin has described Directive Principles of State
Policy and Fundamental Rights as Conscience of the Constitution.
 Dr. B.R. Ambedkar described these principles as ‘novel features’ of the Indian
Constitution.

DPSPs - Constitutional Provisions & its Classification

 Part IV of the Constitution from Articles 36 to 51, enumerates the Directive

Principles of State Policy.
 Directive Principles of State Policy are not formally classified under our Constitution,
however for better understanding and based on content and direction, they can be
classified into three categories, namely:
o Socialistic Principles
o Gandhian Principles
o Liberal-Intellectual Principles

Socialistic Principles

 While socialism as an ideology is not explicitly mentioned in the DPSP, certain

principles within the DPSP align with socialist ideals.
 These principles are inspired by the ideas of socialism and lay down the structure of a
democratic socialist state.
 These principles are adopted with the goal to provide socio-economic justice in
society and to set the path towards the welfare state.
 They directs the state:

1. To secure a social order permeated by Justice social, political and economic and to
minimise the inequalities in income, status, facilities and opportunities(Articles 38)
2. Securing (a) right to an adequate means of livelihood (b) equitable distribution of the
material resources of the community for the common good(c)prevention of
concentration of wealth and means of production(d) equal pay for equal work for both
men and women(e) preservation of health and strength of workers and children
against forcible abuse. (f) opportunities for healthy development of children(Article
39)
3. To promote equal justice, on the basis of equal opportunity, and provide free legal aid
to poor and vulnerable sections of society.(Article 39A)
 4. To secure the right to work, education and public assistance in cases of
unemployment, old age, sickness and disablement within the limits of its economic
capacity (Article 41)
5. To make provision for securing just and humane conditions of work and for maternity
relief(Article 42)
6. To secure a living wage, a decent standard of life and social and cultural opportunities
for all workers. (Article 43)
7. To secure the participation of workers in the management of industries. (Article 43A)
8. To raise the level of nutrition and the standard of living of people and to improve
public health. (Article 47)

Gandhian Principles

 Based on Gandhian ideology these principles represent the program of reconstruction

enunciated by Mahatma Gandhi during the national movement.
 To fulfill the dreams of Mahatma Gandhi, some of his ideas were included in
Directive Principles of State Policy. They direct the state to:

1. Take initiatives to organise village panchayats and decentralise power and authority in
order to establish self-government.(Article 40)
2. Shall endeavour to promote cottage industries on an individual or co-operative basis
in rural areas. (Article 43)
3. To promote voluntary formation, autonomous functioning, democratic control, and
professional administration of co-operative societies.(Article 43B)
4. To promote the educational and economic interest of SCs, STs and other weaker
sections and to protect them from exploitation and injustice.(Article 46)
5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to
health.(Article 47)
6. To take steps for preserving and improving the breeds, and prohibiting the slaughter
of cows,calves and other milch and draught cattle.(Article 48)

Liberal-Intellectual Principles

 These principles reflect the ideology of liberalism.

 They direct the state:

1. To secure for all citizens a uniform civil code throughout the country.(Article 44)
2. Provide early childhood care and education for all children until they complete the
age of six years.(Article 45)
3. To organise agriculture and animal husbandry on modern and scientific lines. (Article
48)
4. To protect and improve the environment and to safeguard the forests and wildlife of
the country. (Article 48A)
5. To protect monuments or places or objects of artistic or historic interest declared by
law to be of national importance.(Article 49)
6. To take steps to separate the judiciary from the executive in the public services of the
State.(Article50)
7. To (a) promote international peace and security (b) maintain just and honourable
relations between nations (c) foster respect for international law and treaty obligations
(d) encourage settlement of international disputes by arbitration(Article 51).
Directive Principles of State Policy in Preamble

 The Preamble is a brief introduction to the Constitution that incorporates all of the
aims that the drafters of the Indian Constitution had in mind.
 The phrase "justice - social, economic, and political" contained in the preamble is
the ultimate goal that must be accomplished through the implementation of the DPSP.
 DPSPs are framed to achieve the ultimate goal stated in the preamble, which
is Justice, Liberty, Equality, and Fraternity.It also incorporates the concept of the
welfare state, which was lacking during colonial administration.

New Directive Principles of State Policy

 Following changes were made by the 42nd Constitutional Amendment, 1976 in part
IV of the Constitution:
o Article 39:To secure opportunities for healthy development of children.
o Article 39A: To provide free legal aid to the poor.
o Article 43A: Participation of workers in the management of Industries.
o Article 48A: To protect and improve the environment.
 The 44th Constitutional Amendment, 1978 inserted Section-2 to Article 38 which
declares that; “The State,shall strive to minimize economic inequalities in income and
eliminate inequalities in status, facilities and opportunities not amongst individuals
but also amongst groups”.
 The 86th Amendment Act of 2002 changed the subject matter of Article 45 and
made elementary education a fundamental right under Article 21 A.

Directives Outside Part IV

Apart from the Directives included in Part IV, there are some other Directives contained in
other parts of the Constitution. They are:

 Claims of SCs and STs to Services: The claims of the members of the Scheduled
Castes and the Scheduled Tribes shall be taken into consideration, consistently with
the maintenance of efficiency of administration, in the making of appointments to
services and posts in connection with the affairs of the Union or a State (Article 335
in Part XVI).
 Instruction in mother tongue: It shall be the endeavour of every state and every
local authority within the state to provide adequate facilities for instruction in the
mother tongue at the primary stage of education to children belonging to linguistic
minority groups (Article 350-A in Part XVII).
 Development of the Hindi Language: It shall be the duty of the Union to promote
the spread of the Hindi language and to develop it so that it may serve as a medium of
expression for all the elements of the composite culture of India (Article 351 in Part
XVII).
 The above Directives are also non-justiciable in nature. However, they are given equal
importance and attention by the judiciary on the ground that all parts of the
Constitution must be read together.

Features of Directive Principles of State Policy

 DPSPs are not enforceable in a court of law.

  They were deemed non-justifiable given that the State may not have enough resources
to implement all of them or it may even come up with some better and progressive
legislation.
 The Directive Principles provide a highly comprehensive economic, social and
political framework for a modern democratic State.
 They seek to realise the noble principles of justice, liberty, equality, and fraternity
established in the Constitution's Preamble.
 Although non-justiciable, the Directive Principles assist courts in assessing and
determining the constitutionality of a statute.
 Many times, the Supreme Court has ruled that when determining the constitutionality
of a law, if a court finds that the law in question seeks to give effect to a Directive
Principle, it may consider such law to be "reasonable" in relation to Article 14
(equality before the law) or Article 19 (six freedoms), and thus save such law from
unconstitutionality.

Directive Principle of State Policy - Significance

 The DPSP provides the philosophical groundwork for a welfare system. These ideas
make it the state's obligation to secure it through welfare legislation.
 Directive Principles serve as a guide for the government in developing policies and
legislation to ensure the state's fairness and welfare.
 Their disposition leans toward moral standards. They form a moral code for the State
but this does not lessen its significance since moral principles are highly essential and
the absence of them may limit the evolution of a community.
 Directive Principles are good directives for the state that aid in safeguarding the social
and economic components of democracy. The DPSP augments Fundamental Rights,
which provide political rights and other freedoms.

Directive Principle of State Policy - Criticism

 Lack of Legal force: The critics argued that there is lack of legal force for
enforcement of these directives. The violation of these principles cannot be
challenged in any court.
 Non-justiciable: The Constitution does not make them justiciable and neither fixes
the time limit within which these are to be secured, they are mere declarations of
intentions which should be fulfilled by the State. According to the critic T. Shah, they
are “a cheque payable by the bank at its convenience.”
 Lack of clarity with DPSP: For example, the Directive Principle with the aim to
promote international peace and friendly cooperation among all the nations lack
intelligible guidelines for its implementations.
 Not Practical: Some of the principles are not practical in nature. Part IV includes
some directives which cannot be implemented in actual practice. Haryana introduced
prohibition but found it almost impossible to implement. The Haryana Government
was therefore compelled to scrap it. Prohibition cannot be enforced by law because of
the practical difficulties involved in the implementation of prohibition.
 Directive Principles are being criticised due to its incorporation from age-old and
foreign philosophical foundations based upon Fabian Socialist which almost lost its
relevance in present-day world.
  Many critics hold the view that their enumeration in Part IV has made things more
complex and complicated as the principles stated here clearly mentioned in the
Preamble of the Constitution
 Directive principles are designed to serve as pious promises for creating an
impression about the just and useful exercise of the power of the state. They aim to
secure support by making promises and not through action.

Conflicts Between Fundamental Rights and DPSP: Associated Cases

 The justiciability of Fundamental Rights and non-justiciability of DPSPs on the one

hand and the moral obligation of state to implement DPSPs on the other hand have led
to conflict between two since the commencement of the constitution.
 Champakam Dorairajan v the State of Madras (1951): In this case, the Supreme
Court ruled that since Fundamental Rights are enforceable and Directive Principles
are not, so the Fundamental Rights would prevail over the latter and have to run as
subsidiary to the Fundamental Rights.
 Golaknath v the State of Punjab (1967): In this case, the Supreme Court declared
that Fundamental Rights could not be amended by the Parliament even for
implementation of Directive Principles.
 Kesavananda Bharati v the State of Kerala (1973): In this case, the Supreme Court
overruled its Golak Nath (1967) verdict and declared that Parliament can amend any
part of the Constitution but it cannot alter its “Basic Structure”.
 Minerva Mills v the Union of India (1980): Supreme Court held that Indian
Constitution is founded on the bedrock of the balance between the Fundamental
Rights and DPSPs.This harmony and balance is the essential feature of the “Basic
Structure” of the constitution.

Implementation of DPSP: Associated Acts and Amendments

 86th constitutional amendment of 2002 inserted a new article, Article 21-A, into
the Constitution, that seeks to provide free and compulsory education to all children
aged 6 to 14. years. Right to Education (RTE) has also been implemented now.
 Welfare schemes for the weaker sections are being implemented both by the Central
and state governments. In order that scheduled castes and scheduled tribes are
protected from atrocities, the Government has enacted the Prevention of Atrocities
Act, 1989 which provided severe punishments for such atrocities
 The Minimum Wages Act of 1948 empowers the government to fix minimum wages
for employees engaged in various occupations.
 The Equal Remuneration Act of 1976 provides for equal pay for equal work for
both men and women.
 Through 73rd and 74th Amendments to the Constitution, (1992). Panchayati Raj has
been given constitutional status with more powers, Panchayati Raj now covers almost
all states and Union territories.
 Legal aid at the expense of the State has been made compulsory in all cases
pertaining to criminal law if the accused is too poor to engage a lawyer.
 Judiciary has been separated from the executive in all the states and Union territories
except Jammu and Kashmir and Nagaland.
 India's Foreign Policy has also to some degree been influenced by the DPSP. India
has in the past condemned all acts of aggression and has also supported the United
 Nations peace-keeping activities. India has also been in favour of nuclear
disarmament.

MCQs

1.Question: Under the constitution concentration of wealth violates (UPSC 2021)

(a) The Right to equality

(b) The Directive principles of state policy

(c) The right to freedom

(d) The concept of welfare

Answer: (b) See the Explanation

Explanation: As per Article 39, the state shall direct its policies towards securing the
economic system which does not result into the concentration of wealth and means of
production.
Therefore (b) is the correct answer.
2.Question: Which part of the Constitution of India declares the ideal of a Welfare
State?(UPSC 2020)

(a) Directive Principles of State Policy

(b)Fundamental Rights

(c) Preamble

(d)Seventh Schedule

Answer: (a)
3.Question: With reference to the provisions contained in Part IV of the Constitution of
India, which of the following statements is/are correct? (UPSC 2020)

1. They shall be enforceable by courts.

2. They shall not be enforceable by any court.
3. The principles laid down in this part are to influence the making of laws by the State.
Select the correct answer using the code given below:

(a) 1 only

(b)2 only

(c)1 and 3 only

(d)2 and 3 only

Answer: (d)
4.Question: In India, separation of judiciary from the executive is enjoined by [UPSC
2020]

(a) The Preamble of the Constitution

(b) A Directive Principle of state policy

(c) The Seventh Schedule

(d) The conventional practice

Answer: (b)
5.Question: Which principle among the ‘following' was added to the Directive
Principles of State Policy by the 42nd Amendment to the Constitution? [UPSC 2018]

(a) Equal pay for equal work for both men and women

(b) Participation of workers in the management of industries

(c) Right to work, education and public assistance

(d) Securing living wage and human conditions of work to workers

Answer: (b)
6.Question: With reference to the National Legal Services Authority, consider the
following statements:[UPSC 2013]

1. Its objective is to provide free and competent legal services to the weaker sections of
the society on the basis of equal opportunity.
2. It issues guidelines for the State Legal Services Authorities to implement the legal
programmes and schemes throughout the country.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither I nor 2

Answer: (c)
7.Question: The idea of Welfare State' in the Indian Constitution is enshrined in its
(UPSC 2015)

(a) Preamble

(b) Directive Principles of State Policy

(c) Fundamental Rights

(d) Seventh Schedule

Answer: (b)
8.Question: With reference to the Constitution of India, consider the following: (UPSC
2010)

1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles of the State Policy

Which of the above provisions of the Constitution of India is/are fulfilled by the National
Social Assistance Programme launched by the government of India?

(a) 1 only

(b) 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (b)
9.Question: The "Instrument of Instructions" contained in the Government of India
Act, 1935 have been incorporated in the Constitution of India in the year 1950 as:
(UPSC 2010)

(a) Fundamental Rights

(b) Directive Principles of State Policy

(c) Extent of executive power of State

(d) Conduct of business of the Government of India

Answer:(b)

 Instruments of Instructions under the Government of India Act 1935 were instructions
issued to Governors of the colonies or governors in general by the British
government.
 Under the draft constitution, these instructions were proposed to issue directives to
state and central governments and adopted under Directive Principles of State
policies.
 Therefore option (b) is the corrcet answer.

10.Question: The purpose of the inclusion of Directive Principles of the State Policy in
the Indian Constitution is to establish: (UPSC 2002)

(a) Political democracy

(b) Social democracy

(c) Gandhian democracy

(d) Social and economic democracy

Answer: (d)
11.Question: ‘Economic Justice’ as one of the objectives of the Indian Constitution has
been provided in [UPSC 2013]

(a) the Preamble and the Fundamental Rights

(b) the Preamble and the Directive Principles of State Policy

(c) the Fundamental Rights and the Directive Principles of State Policy

(d) None of the above

Answer: (b)
12.Question: In the Constitution of India, promotion of international peace and security
is included in the [UPSC 2014 ]

(a) Preamble to the Constitution

(b) Directive Principles of State Policy

(c) Fundamental Duties

(d) Ninth Schedule

Answer: (b)
13.Question: Which of the following statements about the changes made by the forty-
second amendment to the Constitution relating to the Directive Principles of State
Policy are correct?

1. It enabled the State to provide free legal aid to its citizens.

2. It provided for the State to secure the participation of workers in the management of
undertakings.
3. It required the state to minimize inequalities in income and status.

Select the correct answer using the codes given below:

(a) 1 and 2

(b) 1 and 3

(c) 2 and 3

(d) 1, 2 and 3
Answer: (a)
14.Following changes were made by the 42nd Constitutional Amendment, 1976 in part-IV of
the Constitution:

1. It enabled the State to provide free legal aid to its citizens.

2. It provided for the State to secure the participation of workers in the management of
undertakings.
3. It required the state to minimize inequalities in income and status.

Select the correct answer using the codes given below:

(a) 1 and 2

(b) 1 and 3

(c) 2 and 3

(d) 1, 2 and 3

 Article 39A: To provide free legal aid to the poor.

 Article 43A: Participation of workers in the management of industries.
 Article 48A: To protect and improve the environment. So Statement 1 and 2 are
correct
 44th Constitutional Amendment, 1978 inserted Section-2 to Article 38 which declares
that; “The State, in particular, shall strive to minimize economic inequalities in
income and eliminate inequalities in status, facilities and opportunities not amongst
individuals but also amongst groups”. So Statement 3 is incorrect
 Therefore option (a) is the correct Answer