Directive Principles of State Policy (DPSPs)
The Directive Principles of State Policy (DPSPs), enshrined in Part IV (Article 36 to 51) of the Indian Constitution, aim to establish a just social order in India. They lay down the foundational principles of governance, guiding the State in formulating laws and policies that ensure social, economic, and political justice.
Dr. B.R. Ambedkar described the Directive Principles as the “novel features” of the Indian Constitution, highlighting their transformative vision. Alongside Fundamental Rights, they reflect the philosophy and soul of the Constitution.
Granville Austin, a constitutional expert, famously referred to the Directive Principles and Fundamental Rights together as the “Conscience of the Constitution”, underlining their complementary roles in realizing the goals of a welfare state.
Historical Background
The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution
Constitutional Provision
- Part IV (Articles 36-51).
- Article 37 declares that these principles are not enforceable by courts but are nevertheless fundamental in the governance of the country and it shall be the duty of the Stale to apply these principles in making laws.
Features of the Directive Principles of State Policy
- Guiding Ideals for Governance:
- The term ‘Directive Principles of State Policy’ refers to the constitutional instructions or recommendations to the State while formulating policies and enacting laws. According to Article 36, the term “State” here has the same meaning as in Part III (Fundamental Rights) — covering the central and state governments, local authorities, and other public bodies.
- Inspired by the Government of India Act, 1935:
- The Directive Principles resemble the ‘Instrument of Instructions’ in the Government of India Act, 1935. Dr. B.R. Ambedkar noted that they are similar in spirit — “a set of instructions to the legislature and executive,” aimed at ensuring governance aligned with constitutional goals.
- Blueprint for a Welfare State:
- The Directive Principles lay down a comprehensive economic, social, and political programme for a modern democratic State. Their objective is to realise the ideals of justice, liberty, equality, and fraternity as envisaged in the Preamble, thereby promoting the vision of a welfare state rather than a police state.
- Non-Justiciable Nature:
- As per Article 37, the DPSPs are not enforceable by any court, meaning citizens cannot sue the State for their violation. However, the same article declares that these principles are fundamental to the governance of the country, and it is the duty of the State to apply them in law-making.
- Judicial Interpretation and Constitutional Validity:
- Despite being non-justiciable, the Directive Principles assist the judiciary in interpreting laws. Courts have upheld that if a law seeks to give effect to a Directive Principle, it can be considered ‘reasonable’ under Articles 14 and 19, and thus may be protected from being struck down as unconstitutional.
- Parliament and State Legislatures can and do convert Directive Principles of State Policy (DPSP) into enforceable laws by enacting legislation, even though the DPSPs themselves are non-justiciabledirectives for the government to follow in policy-making
- Equal pay for equal work → Equal Remuneration Act, 1976 (Article 39(d))
- Free legal aid → Legal Services Authorities Act, 1987 (Article 39A)
- Integral to the Constitutional Scheme:
- DPSPs are a core component of the Constitution. They reflect the socio-economic aspirations of the framers and aim to secure a just, inclusive, and equitable social order. Dr. B.R. Ambedkar described them as “novel features” of the Constitution.
- Promote Good Governance:
- DPSPs lay the foundation for good governance by encouraging principles such as transparency, accountability, social justice, and the efficient delivery of public services.
- Cultural and Educational Development:
- Many Directive Principles focus on the promotion of education, scientific temper, and the preservation of India’s composite culture. For example, Article 49 (protection of monuments).
Classification of DPSPs (As per Content and Purpose)
The Directive Principles are classified into three main categories based on their content and ideological foundation:
Socialist Principles
These aim to promote social and economic justice, reduce inequalities in income and status, and create a welfare state.
- Article 38
- To promote the welfare of the people by securing a social order permeated by justice—social, economic, and political—and to minimise inequalities in income, status, facilities, and opportunities.
- Article 39
- To direct policy towards securing:
- Adequate means of livelihood for all citizens
- Equitable distribution of material resources for the common good
- Prevention of concentration of wealth and means of production
- Equal pay for equal work for both men and women
- Health and strength of workers, men and women, and the tender age of children are not abused
- Childhood and youth are protected against exploitation and moral and material abandonment
- Article 39A
- To promote equal justice and provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
- Article 41
- To secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
- Article 42
- To make provision for just and humane conditions of work and maternity relief.
- Article 43
- To secure a living wage, decent standard of life, and social and cultural opportunities for all workers, particularly in agriculture and industry.
- Article 43A (Inserted by the 42nd Amendment Act, 1976)
- To take steps to secure the participation of workers in the management of industries.
- Article 47
- To raise the level of nutrition, improve the standard of living, and enhance public health.
Gandhian Principles
These reflect the ideals of Mahatma Gandhi and aim to transform India into a self-reliant, decentralised, and village-based economy.
- Article 40
- To organise village panchayats and endow them with the necessary powers and authority to enable them to function as units of self-government.
- Article 43
- To promote cottage industries on an individual or cooperative basis in rural areas, ensuring economic self-reliance and employment at the grassroots.
- Article 43B (Inserted by the 97th Amendment Act, 2011)
- To promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
- Article 46
- To promote the educational and economic interests of the Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections, and to protect them from social injustice and all forms of exploitation.
- Article 47
- To prohibit the consumption of intoxicating drinks and drugs which are injurious to health, reinforcing Gandhi’s emphasis on temperance and moral values.
- Article 48
- To prohibit the slaughter of cows, calves, and other milch and draught cattle, and to improve their breeds, in alignment with Gandhi’s advocacy for animal welfare and agrarian economy.
Liberal-Intellectual Principles
These reflect the ideals of liberalism, aiming to promote individual dignity, national unity, and international peace.
- Article 44:
- Uniform Civil Code for all citizens throughout the territory of India.
- Article 45 :
- To provide 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:
- Protection and improvement of the environment and safeguarding of forests and wildlife.
- Article 49:
- To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance
- Article 50:
- Separation of judiciary from the executive in the public services of the state.
- Article 51:
- To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration
New Directive Principles of State Policy (Post-Original Constitution)
Over time, various amendments to the Constitution have added or modified several Directive Principles to address contemporary socio-economic challenges. These include:
- 42nd Constitutional Amendment Act, 1976
- Four new DPSPs were added:
- Article 39 (f) – To secure opportunities for the healthy development of children.
- Article 39A – To promote equal justice and provide free legal aid to the poor.
- Article 43A – To ensure the participation of workers in the management of industries.
- Article 48A – To protect and improve the environment and safeguard forests and wildlife.
- 44th Constitutional Amendment Act, 1978
- Article 38(2) – To strive to minimise inequalities in income, status, facilities, and opportunities, not only among individuals but also among groups of people residing in different areas or engaged in different vocations.
- 86th Constitutional Amendment Act, 2002
- Article 45– To provide early childhood care and education for all children until they complete the age of six years.
- Note: Simultaneously, elementary education (6–14 years) was made a Fundamental Right under Article 21A.
- 97th Constitutional Amendment Act, 2011
- Article 43B – To promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
Sanction Behind Directive Principles
Historical Background
- Sir B.N. Rau, the Constitutional Advisor, recommended a bifurcation of individual rights into:
- Justiciable rights (included in Part III – Fundamental Rights)
- Non-justiciable principles (included in Part IV – Directive Principles)
- This was adopted by the Drafting Committee.
While Directive Principles of State Policy (DPSPs) are non-justiciable (not legally enforceable by courts), they are not without sanction or authority.These have moral and political sanctions.
Constitutional Perspective
- Article 37 explicitly states:
- “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.”
- This establishes that though non-enforceable, DPSPs are binding in spirit and essential for responsible governance.
Political Sanction
- Alladi Krishnaswamy Ayyar, a member of the Constituent Assembly, rightly observed:
- “No ministry responsible to the people can afford light-heartedly to ignore the provisions in Part IV of the Constitution.”
- Dr. B.R. Ambedkar said in the Constituent Assembly:
- “A government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If any government ignores them, it will certainly have to answer for that before the electorate at the election time.”
Why Non-Justiciable?
- The framers deliberately made the DPSPs non-enforceable due to practical constraints at the time of independence:
- Financial Limitations – India lacked the economic capacity to implement these wide-ranging welfare measures immediately.
- Social Backwardness – Vast inequalities and diversities would make uniform implementation difficult.
- Administrative Flexibility – The newly independent State needed freedom to prioritise and decide the manner and timing of implementation.
Criticism of the Directive Principles of State Policy
- While Directive Principles reflect the noble vision of the Constitution’s framers, they have been subject to strong criticism from various constitutional experts and members of the Constituent Assembly. The main criticisms are as follows:
- Lack of Legal Sanction
- The primary criticism is their non-justiciable nature — they are not legally enforceable in a court of law.
- K.T. Shah called them “pious superfluities”, comparing them to “a cheque on a bank payable only when the resources permit.”
- Nasiruddin compared them to “New Year’s resolutions, broken on the second of January.”
- T.T. Krishnamachari called them “a veritable dustbin of sentiments.”
- K.C. Wheare described them as a “manifesto of aims and aspirations”, serving as mere “moral homilies.”
- Sir Ivor Jennings dismissed them as “pious aspirations.”
- Illogical Arrangement
- Critics argue that the DPSPs are not arranged in a coherent or logical manner and lack a unified philosophical base.
- N. Srinivasan noted that “they mix up relatively unimportant issues with vital economic and social questions” and combine modern rationality with outdated sentiment.
- Sir Ivor Jennings also pointed out their lack of consistent political philosophy.
- Conservative Outlook
- According to Sir Ivor Jennings, DPSPs are based on the political philosophy of 19th-century England, particularly Fabian socialism, which may not suit the changing needs of a 21st-century India.
- He remarked that “the ghosts of Sydney Webb and Beatrice Webb stalk through the pages of the text”, and called them “outmoded” for a modern democracy.
- Potential for Constitutional Conflict
- K. Santhanam warned that DPSPs could lead to:
- Conflicts between the Centre and States, as the Union may direct states to implement DPSPs, and on refusal, impose President’s Rule.
- Conflicts between the President and Prime Minister, if the President refuses assent to a bill ignoring DPSPs.
- Similar tensions between the Governor and Chief Minister at the state level over implementation or disregard of DPSPs.
Utility of the Directive Principles of State Policy
Despite their non-justiciable nature and various criticisms, the Directive Principles remain an indispensable component of the Indian Constitution, reflecting its moral and ideological core. They continue to guide governments, inform judicial decisions, and shape India’s development trajectory.
- Fundamental to Governance
- Article 37 declares that the DPSPs are “fundamental in the governance of the country” and it shall be the “duty of the State to apply these principles in making laws.”
- L.M. Singhvi described them as the “life-giving provisions” of the Constitution and its “philosophy of social justice.”
- M.C. Chagla, former Chief Justice, stated that if implemented in full, they would “transform India into a welfare state and a democracy in the truest sense.”
- Guiding Vision for Economic Democracy
- Dr. B.R. Ambedkar emphasized that the Directives point toward economic democracy, complementing the political democracy established through Fundamental Rights.
- Granville Austin termed the DPSPs as tools “for furthering the goals of the social revolution.”
- Sir B.N. Rau, constitutional advisor, noted that they hold immense “educative and moral value.”
- Beacon for Government and Judiciary
- M.C. Setalvad, India’s first Attorney General, outlined the following key utilities:
- They serve as an ‘Instrument of Instructions’ to all state authorities, outlining the principles of the social and economic order envisioned by the Constitution.
- They act as beacon-lights for the judiciary, especially in constitutional interpretation and judicial review.
- They help amplify the Preamble by detailing how justice, liberty, equality, and fraternity can be realised in practical governance.
- They form a background framework for all legislative and executive actions.
- Policy Continuity and Opposition Oversight
- DPSPs ensure stability and continuity in policy direction despite changes in governments.
- They allow the Opposition to hold the government accountable for failure to uphold constitutional goals.
- Even when unenforceable, they influence public opinion and guide electoral narratives.
- Supplement to Fundamental Rights
- They fill the gaps in Part III by covering socio-economic rights that are not directly enforceable but are equally vital.
- Their implementation creates an enabling environment for citizens to enjoy their Fundamental Rights meaningfully.
- Democratic Accountability
- The DPSPs serve as a test of government performance, enabling the public to evaluate policies through the lens of constitutional morality and welfare.
- They act as a common political manifesto, compelling even ideologically diverse parties to frame policies aligned with constitutional ideals.
Conflict Between Fundamental Rights and Directive Principles
- Early Judicial View: Champakam Dorairajan Case (1951)
- The Supreme Court ruled that Fundamental Rights will prevail over Directive Principles in case of a conflict.
- It held that DPSPs are subordinate and must conform to FRs.
- Parliament responded by amending the Constitution to enable implementation of DPSPs:
- 1st Amendment Act (1951)
- 4th Amendment Act (1955)
- 17th Amendment Act (1964)
- Golaknath Case (1967): Fundamental Rights Made Sacrosanct
- Supreme Court ruled that parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature.
- This made FRs immune to amendment, intensifying the conflict between Parts III and IV.
- Parliament’s Response: 24th and 25th Amendments (1971)
- 24th Amendment: Gave Parliament power to amend any part of the Constitution, including FRs.
- 25th Amendment:
- Inserted Article 31C to protect laws implementing Article 39(b) and (c) from challenge under Articles 14, 19, and 31.
- Barred judicial review of such laws.
- Kesavananda Bharati Case (1973)
- Supreme Court upheld first part of Article 31C (laws implementing Article 39(b) and (c) can override Articles 14 & 19).
- But it struck down the second part barring judicial review, as judicial review is part of the basic structure.
- 42nd Amendment Act (1976)
- Expanded Article 31C protection to all Directive Principles, not just Article 39(b) and (c).
- The 42nd Amendment Act gave the position of legal primacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.
- This significantly tilted the balance in favour of DPSPs.
- Minerva Mills Case (1980): Restoring Balance
- Supreme Court struck down the expanded version of Article 31C as violative of the basic structure.
- Held that:
- “The Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and Directive Principles… like two wheels of a chariot, one no less important than the other.”
- Reaffirmed basic structure doctrine.
- Present status:
- Fundamental Rights generally enjoy supremacy, but Parliament can amend FRs to implement DPSPs without violating the basic structure.
- Articles 14 and 19 are subordinate only to Article 39(b) and (c).
- All other DPSPs are subordinate to Fundamental Rights.
- Harmony, not hierarchy, is the constitutional goal between FRs and DPSPs.
Directives Outside Part IV of the Constitution
In addition to the Directive Principles of State Policy listed under Part IV (Articles 36–51), the Constitution also contains non-justiciable directives in other Parts. These provisions, though not explicitly listed under DPSPs, serve similar purposes in guiding governance and promoting socio-economic justice.
- Claims of SCs and STs in Public Services (Article 335 – Part XVI)
- The claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) shall be taken into consideration in appointments to services and posts under the Union or State.
- This is subject to the condition of maintaining administrative efficiency.
- Objective: Promote social justice and ensure adequate representation of marginalised groups.
- Instruction in Mother Tongue (Article 350A – Part XVII)
- Every State and local authority must endeavour to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups
- Objective: Preserve linguistic diversity and ensure inclusive education.
- Promotion of Hindi Language (Article 351 – Part XVII)
- It is the duty of the Union to:
- Promote the spread of the Hindi language.
- Develop Hindi so that it serves as a medium of expression for all elements of India’s composite culture.
- Secure its enrichment by:
- Assimilating forms, styles, and expressions from Hindustani and other Eighth Schedule languages, without compromising its originality.
- Drawing vocabulary primarily from Sanskrit, and secondarily from other Indian languages.
Objective: To make Hindi a unifying language that reflects India’s diverse cultural heritage, while encouraging its evolution through linguistic inclusivity.
The Directive Principles of State Policy (DPSPs) reflect the vision of the Indian Constitution’s framers to establish a just, equitable, and welfare-oriented society. Though they are non-justiciable, they provide a critical moral and constitutional framework for shaping government policies and laws. Together with Fundamental Rights, they embody the “Conscience of the Constitution” (Granville Austin) and give direction to India’s journey toward economic democracy and social justice.
Over the years, Parliament, State Legislatures, and the Judiciary have drawn strength from the DPSPs to enact transformative legislation — from education and employment to environment and health. As India evolves, the relevance of DPSPs continues to grow, reminding policymakers of the constitutional promise of inclusive growth, dignity, and development for all.
“A government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy.” — Dr. B.R. Ambedkar
FAQs
Q1. What are Directive Principles of State Policy (DPSPs)?
They are guidelines to the government, laid down in Part IV (Articles 36–51) of the Constitution, to promote social and economic welfare. They are non-justiciable, i.e., not legally enforceable in courts.
Q2. Why are DPSPs important if they are not legally enforceable?
DPSPs guide governments in policy formulation and help establish a welfare state. They serve as moral obligations and have political and educative value, influencing legislation and judicial interpretation.
Q3. What are the three main types of DPSPs?
They are classified into:
Q4. Can Parliament implement DPSPs through laws?
Yes. Parliament and State Legislatures can pass laws to implement DPSPs. For example, MGNREGA, Right to Education, and Panchayati Raj laws have roots in DPSPs.
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