Directive Principles of State Policy

Directive principles of state policy-

• The Directive Principles of State Policy are guidelines to the central and state governments of India.

• The governments must keep these principles in mind while framing laws and policies.

• They focus on Social and Economic welfare.

• There were Similar guidelines too that were provided in the form of instruments of instruction in the Government of India Act, 1935.

Source :

• The source of the concept of Directive Principles of State Policy (DPSP) is the Spanish Constitution from which it came in the Irish Constitution and then it came to Indian constitution

DPSP In Indian constitution :

• Part IV of the Constitution of India provides for DPSP and they are covered from Article 36 to 51.

Novel features-

• Dr. B.R. Ambedkar described DPSP as Novel Features of the constitution.

• Granvil Austin has described DPSP and Fundamental Rights as Conscience of constitution

Features of Directive Principles-

• The Directive principles resembles the instrument of instructions mentioned in Government of India act 1935 which were issued to governor generals by britishers.

• They focus on Political,Social and Economic development of the country.

• DPSP’s are non Justiciable in nature ,which means that they are not enforceable by the courts for their violations therefore government can not be compelled or forced to implement them.

• Although they are non Justiciable but they helps the courts to determine the constitutional validity of a law.

Classification of DPSP-

There is general classification of DPSP as below-

1.The Economic and Socialist Principles

2.The Gandhian Principles

3.The Liberal Intellectual Principles

1.The Economic and Social Principles

(i) Article 38-

• The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all institutions of national life .

(ii) Articles 39-

It says that State shall in particular, direct its policies towards securing:

(a) right to an adequate means of livelihood to all the citizens;

(b) the ownership and control of material resources shall be organised in a manner to serve the common good;

(c) the operation of the economic system does not result in the concentration of the wealth to the common detriment.

(d) equal pay for equal work for both men and women;

(e) the protection of the strength and health of the workers;

(f) that the childhood and youth are not exploited;

(iii) Article-42

• It declares that, the State shall make provisions for securing just and humane conditions of work and for maternity relief.

(iv) Article-43-

• It says that the State shall endeavour to secure to all workers a living wage and a decent standard of life.

(v) Article 43A

• It says that the State shall take steps to secure the participation of workers in the management of industries.

(vi) Article 47

• It directs the state To raise the level of nutrition and the standard of living of people and to improve public health.

Directives Based on Gandhian Principles

(i)Article-40

• It says that State shall take steps to organise village panchayats as units of Self Government

(ii) Article-43

• It says that The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.

(iii) Article 43B:

• To promote voluntary formation, autonomous functioning ,democratic control and professional management of cooperative societies

(iv)Article-46

• It lays down that the State shall promote educational and economic interests of the weaker sections of the people particularly that of the Scheduled Castes (SCs) and Scheduled Tribes (STs) and other weaker sections.

(v) Article-47

• It states that State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health.

(vi)Article-48

• It says that, State shall take steps to prohibit slaughter of cows, calves and other milch and draught cattle.

Directives based on Liberal-Intellectual Principles

Article 44

• It says that the State shall endeavour to secure for the citizen a Uniform Civil Code through the territory of India.

Article 45

• It provides for early childhood care and education for all children until they complete the age of six years.

Article 48

• To organise agriculture and animal husbandry on modern and scientific lines.

Article 48A

• It states to protect and improve the environment and to safeguard the forests and wildlife of the country.

Article 49

• The State shall protect every monument or place of artistic or historic interest.

Article 50

• It says that he State shall take steps to separate judiciary from the executive in the public services of the State.

Article 51

It declares that to establish international peace and security the State shall endeavour to-

• Maintain just and honourable relations with the nations.

• Foster respect for international law and treaty obligations.

• Encourage settlement of international disputes by arbitration.

In General the detail of all the DPSP is given below

Article 36 -

• In this Part, unless the context otherwise requires,“the State” has the same meaning as in Part III.

Application of the principles contained in this Part

Article 37 -

• The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

State to secure a social order for the promotion of welfare of the people

 Article 38-

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Certain principles of policy to be followed by the State

Article 39 -The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best

to sub serve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means

of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment

Equal justice and free legal aid

Article 39A-

• The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities .

Organisation of village panchayats

Article 40-

• The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Right to work, to education and to public assistance in certain cases.

Article 41-

• The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment , old age, sickness and disablement, and in other cases of undeserved want

Provision for just and humane conditions of work and maternity relief

Article 42-

• The State shall make provision for securing just and humane conditions of work and for maternity relief.

Living wage, etc.,for workers

Article 43-

• The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way,to all workers, agricultural, industrial or otherwise, work,a living wage, conditions of work ensuring a decenstandard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Participation of workers in manage ment of industries.

Article 43A-

• The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

Article 43B-

• To promote voluntary formation, autonomous functioning,democratic control and professional management of cooperative societies.

Uniform civil code for the citizens

 Article 44-

• The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India

Provision for free and compulsory education for children

Article 45-

• The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

Article 46-

• The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation

Duty of the State to raise the level of nutrition and the standard of living and to improve public health

Article 47-

• The State shall regard the raising of the level of nutrition and the standard of living of its people and the improve -ment of public health as among its primary duties and, in particular , the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Organisation of agriculture and animal husbandry

Article 48-

• The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle

Protection and  improvement of environment and safeguarding of forests and wild life

Article 48A-

• The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country

Protection of monuments and places and objects  of national importance

Article 49-

• It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest [declared by or under law made by Parliament] to be of national importance, from disfigurement, destruction, removal, disposal or export, as the case may be

Separation of judiciary from executive

Article 50-

• The State shall take steps to separate the judiciary from the executive in the public services of the State

Promotion of international peace and security

Article 51 

The State shall endeavour to—

(a) promote international peace and security;

(b) maintain just and honourable relations between nations;

(c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and

(d) encourage settlement of international disputes by arbitration

Amendments in DPSP:

42nd Constitutional Amendment, 1976:

It introduced certain changes in the part-IV of the Constitution by adding new directives:

1.Article 39 :

• To secure for healthy development of children

2.Article 39A: 

• To provide free legal aid to the poor.

3.Article 43A: 

• Participation of workers in management of Industries.K1M

4.Article 48A: 

• To protect and improve the environment.

44th Constitutional Amendment, 1978:

• It inserted Section-2 to Article 38 which declares that; “The State in particular shall strive to minimise economic inequalities in income and eliminate inequalities in status, facilities and opportunities not amongst individuals but also amongst groups”.

86th Amendment Act of 2002:

• It changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A

97^th Constitutional amendment act 2011-

Article 43B:

• To promote voluntary formation, autonomous functioning ,democratic control and professional management of cooperative societies.

Distinction between Fundamental rights and DPSP-

• Fundamental Rights are justiciable but Directive Principles of State Policy are non-justiciable.

• Fundamental Rights establish liberal political democracy in India. However, Directive Principles make India a Welfare State.

• Fundamental rights focus on individuals while DPDP focus on Individual and Welfare state.

• Fundamental Rights are negative or prohibitive in nature because they put limitation on the State.On thecontrary , DPSP are Positive directions.

Conflicts Between Fundamental Rights and DPSP:

Champakam Dorairajan (1951):

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

• It also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.

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):

• In this case, the Supreme Court reiterated that Parliament can amend any part of the Constitution but it cannot change the “Basic Structure” of the Constitution and there is to be balance between DPSP and Fundamental rights.

IR Coelho Case, 2007:

• The court said that the Government owns the responsibility to ensure that a middle path is adopted between the individual liberty ( fundamental rights ) of citizens and the public good ( Directive Principles of State Policy ) of the Indian Society

Criticism of DPSP’s

Some political experts gave there view on DPSP and criticized it as follows

• They are non justiciable ,legally not enforceable.

• They are illogically arranged (N.Srinivasa).

• They are conservative in nature (Ivor Jennings).

• Creats conflict between President, Prime minister,Centre and State (K.Santhanam).

Difference between Fundamental rights and DPSP

Implementation of DPSP-

There are different reforms that were taken for its implementation like-

Panchayati Raj System

• Through 73 Constitutional Amendment Act, 1992

Social security

• Through MGNREGA and other schemes.

Rights to Education Act 2009

• For educational development.

Environment development

• Through The Wildlife (Protection) Act, 1972, the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986.

For international peace

• Joining organizations like Non-Alignment Movement (NAM) etc.