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The Directive Principles of State Policy (DPSP) is a set of guidelines or principles that were laid down by the makers of the Indian Constitution to guide the governance of the country. These are contained in Part IV (Articles 36-51) of the Constitution. Although they cannot be legally enforced by any court, these principles are fundamental in the governance of the country and are aimed at creating social and economic conditions under which citizens can live a good life.
Historical Background:
The concept of Directive Principles of State Policy (DPSP) originates from the Irish Constitution, which itself is influenced by the Spanish Constitution. The makers of the Indian Constitution adopted this framework to promote social justice and guide the establishment of a welfare state. The DPSP embodies the ideals of the Indian freedom movement and the commitment of its leaders to achieving social equity.
Main Objectives:
The main objectives of the Directive Principles are:
- To establish a welfare state.
- To promote social and economic democracy.
- To reduce the gap between the rich and the poor.
- Ensure equitable distribution of wealth and resources.
- Promote the welfare of all citizens.
Classification of DPSP:
Three broad categories can be used to classify DPSP:
Socialist Principles:
Article 38: The State should strive to promote the welfare of the people by ensuring a social order in which justice affects all the institutions of national life, social, economic and political.
Article 39: The State should ensure adequate means of livelihood, equal pay for equal work and prevent concentration of wealth.
Article 41: In case of unemployment, old age, sickness or disablement, the State should guarantee the right to employment, education and public assistance.
Gandhian Principles:
Article 40: The State shall constitute Gram Panchayats and endow them with adequate powers.
Article 43: In rural areas, the State shall support individual or co-operative cottage industries.
Article 46: The educational and economic interests of the weaker sections of society, such as the Scheduled Castes and the Scheduled Tribes, shall be supported by the State.
Liberal-Intellectual Theory:
Article 44: The State shall take steps to ensure that all Indian citizens are subject to a Uniform Civil Code.
Article 45: All children shall have access to early childhood care and education from the State until they attain the age of six years.
Article 50: The State shall take steps to ensure the separation of the executive and the judiciary.
Importance/ Significance of DPSP:
1. Moral Obligation:
Although DPSP is not enforceable by law, it imposes a moral obligation on the State to work towards realising these principles.
2. Foundation of Welfare State:
DPSP outlines the vision of a welfare state where the government is committed to ensuring the well-being of all citizens.
3. Guideline for Law Making:
The government uses DPSP as a guide while making laws and rules. Many welfare schemes and policies initiated by the government are based on these principles.
Balance between Fundamental Rights and DPSP:
While Fundamental Rights ensure civil liberties, DPSP provides a framework for the State to ensure socio-economic justice. Together, these strike a balance between individual liberty and social responsibility.
Amendments to the Directive Principles of State Policy (DPSP) of the Indian Constitution:
Since Independence, the Directive Principles have been amended and expanded several times to reflect the changing socio-economic needs and aspirations of the people. Let us consider these amendments in detail:
1. 42nd Constitutional Amendment Act, 1976 (Major Amendments to the Directive Principles of State Policy):
This amendment, sometimes called the “mini-constitution”, made significant changes:
A. Article 39 was amended to include the following:
- Equal pay for equal labour for men and women.
- Protection of workers from abuse and exploitation.
B. Article 39A added → Free legal aid is being provided to ensure that no one is denied justice due to his economic status or any other deficiency.
C. Article 43A added → To promote workers’ participation in the management of industries.
D. Article 48A added → Directed the government to protect forests, wildlife and the environment.
This amendment made the DPSP more progressive by focusing on social justice, workers’ participation and environmental protection.
2. 44th Constitutional Amendment Act, 1978:
A directive was added to Article 38(2): The State shall strive to minimise the inequalities in income, status, amenities and opportunities between individuals and groups.
This was done to strengthen the commitment to social and economic equality.
3. 86th Constitutional Amendment Act, 2002:
- Article 21A (Fundamental Right to Education) was added.
- Article 45, which earlier mandated the State to provide free and compulsory education to children up to the age of 14, was amended accordingly. After this amendment, the State was required to provide early childhood education and care to children below the age of six.
It strengthened the constitutional obligation for education and linked DPSP to the fundamental rights.
4. 97th Constitutional Amendment Act, 2011 (effective in 2012):
A new directive was added to Article 43B: The State shall promote the voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
It provided constitutional recognition to co-operative societies as an instrument of socio-economic development.
Summary of amendments to DPSP:
| Amendment Act | Changes made |
| 42nd (1976) | Articles 39A, 43A, 48A added; Article 39 expanded. |
| 44th (1978) | Article 38 expanded to reduce inequalities. |
| 86th (2002) | Article 45 (Early Childhood Care) amended; linked to Article 21A (Right to Education). |
| 97th (2011/12) | Article 43B (Promotion of Co-operative Societies) added. |
Significance of DPSP amendments:
- Reflect India’s changing social and economic priorities.
- Reflect the dynamic nature of the Constitution.
- Strengthen the link between fundamental rights and DPSP.
- Promote social welfare, equality, environmental protection, workers’ rights and education.
Other Directive Principles contained in other parts of the Constitution:
Apart from Part IV, there are some directive concepts contained in other sections of the Constitution. These are not formally called “directive principles”, but their nature and objectives are similar. Example:
(a) Part III – Fundamental Rights:
- Articles 15(3) and 15(4) → empower the state to provide preferential treatment to women, children and members of disadvantaged social and economic groups.
- Articles 16(4) and 16(4A) → allow reservation in public employment for backward classes.
These are rights-oriented but also give directions for social justice.
(b) Part IX – Panchayati Raj (73rd Amendment, 1992):
- Article 40 (Part IV) already directs the state to constitute village panchayats.
- The 73rd Amendment gave constitutional force to this directive by inserting Part IX (Articles 243-243O), making local self-government a constitutional mandate.
(c) Part IXA – Municipalities (74th Amendment, 1992):
Similar to Part IX, it serves the DPSP’s objective of democratic decentralisation in urban areas.
(d) Part IVA – Fundamental Duties (Article 51A):
- Although placed in a separate part, the Fundamental Duties (1976, 42nd Amendment) complement the DPSP.
- Example: Article 51A(g) → It is the duty of every citizen to protect the environment, which is in line with Article 48A DPSP.
(e) Part IXB – Co-operative Organisations (97th Amendment, 2011):
- Article 43B (DPSP, Part IV) urges the government to support co-operative societies.
- Part IXB (Articles 243ZH-243ZT) further strengthened this directive by granting constitutional recognition to co-operative societies.
(f) Other scattered provisions:
- Article 350A (Part XVII) → Directive to provide facilities for teaching in mother tongue at the primary stage of education.
- Article 351 → Directive to support the development and propagation of Hindi language.
Why DPSP outside Part IV?
The Constitution makers wanted flexibility. Since they were related to the federal structure, language policy or fundamental rights, some directives were moved to different sections.
They act as guiding principles but remain non-justiciable just like the DPSP of Part IV.
Relationship with Fundamental Rights:
Fundamental Rights vs DPSP: While Fundamental Rights are enforceable by the courts, DPSP are not justiciable. However, in a conflict between the two, the judiciary has sometimes given priority to fundamental rights; in some cases, such as the 42nd Amendment (1976), the Right to Fundamental Rights (DPSP) has been given more importance.
Judicial Interpretation: According to the judiciary, over time, the Right to Fundamental Rights (DPSP) will complement the Fundamental Rights. In cases such as Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980), the Supreme Court has ruled that there should be a balance between fundamental rights and the Right to Fundamental Rights (DPSP).
Criticisms:
Non-justiciability: One of the main criticisms of the Right to Fundamental Rights (DPSP) is that they cannot be enforced by the courts, making them less effective.
Vague and idealistic: Some critics argue that the Fundamental Rights (DPSP) are overly idealistic and vague, making it difficult for governments to enforce them.
Contradiction: The need to uphold fundamental rights is considered to be contradictory with the obligations and responsibilities of the State, as outlined in the Directive Principles of State Policy (DPSP).
Conclusion:
Although they cannot be challenged, the Directive Principles of State Policy have been crucial in the formulation of India’s socio-economic policies.
They reflect the vision of the Constitution makers for a just and equitable society. Over the years, various governments have made efforts to implement these principles through legislation and policy-making, thereby contributing to the overall development and well-being of the nation.
FAQs on Directive Principles of State Policy (DPSP):
1. Are the Directive Principles of State Policy (DPSP) legally enforceable in the courts?
No, the Directive Principles of State Policy (DPSP) are not justiciable, i.e. the courts cannot enforce them. However, these are fundamental in governance, and the State has a moral obligation to enforce them.
2. What is the main purpose of the Directive Principles of State Policy?
The main objective of the Directive Principles is to create a welfare state in India by ensuring social and economic democracy, reducing inequality, protecting the environment and promoting justice for all citizens.
3. Where did India borrow the idea of DPSP from?
India adopted the concept of DPSP from the Irish Constitution, which was influenced by the Spanish Constitution.
4. What are the three main categories of DPSP?
Generally, DPSPs fall into one of three groups:
Socialist Principles – aim to achieve social and economic justice (e.g.: Articles 38, 39, 41, 43).
Gandhian Principles – based on the philosophy of Mahatma Gandhi (e.g.: Articles 40, 43, 46, 47, 48).
Liberal-Rationalist Principles – promote international peace, uniform civil code and scientific development (e.g.: Articles 44, 45, 48A, 50, 51).
5. What is the relationship between Fundamental Rights and DPSP?
A. Fundamental Rights (FR) are justiciable and enforceable in the courts, while DPSP are not.
B. FR ensure political democracy, while DPSP aim at socio-economic democracy.
C. The Supreme Court has held that FR and DPSP together form the “conscience of the Constitution” and must be interpreted harmoniously.
6. Can DPSP encroach upon Fundamental Rights?
No, DPSP cannot encroach upon Fundamental Rights. Nevertheless, the courts have attempted to strike a balance between the two by constitutional changes (such as the 42nd Amendment, 1976), ensuring that DPSP are implemented within the basic parameters of the Constitution.
7. Which amendments are significant regarding DPSP?
Some of the major amendments related to DPSP are as follows:
A. 42nd Amendment (1976): Provisions for environmental protection (Article 48A) and free legal aid (Article 39A) were added.
B. 44th Amendment (1978): State Public Service Commission (DPSP) was given priority over fundamental rights in property matters.
C. 86th Amendment (2002): Free and compulsory education for children (Article 45) was incorporated in State Public Service Commission (DPSP) and education was established as a fundamental right.
8. How do DPSPs contribute to the concept of welfare state?
As fundamental components of welfare state, DPSPs aim to eliminate economic inequality, guarantee equal access to resources, promote social justice, health and education, protect environment and encourage citizen participation in governance.
9. Give some examples of DPSPs.
A. Equal pay for equal work (Article 39(d))
B. Promotion of cottage industries (Article 43)
C. Organisation of Gram Panchayats (Article 40)
D. Protection of environment and forests (Article 48A)
E. Promoting global security and peace (Article 51)
10. If DPSPs are important, why are they considered non-equitable?
The Constitution makers made them non-equitable because of the limited resources of the state at the time of independence. However, their inclusion in the Constitution imposes moral and political obligations on future governments.
11. How has the Supreme Court interpreted the Fundamental Rights (DPSP) over time?
The Supreme Court has consistently emphasised that the State should not ignore the Fundamental Rights (DPSP). In the Kesavananda Bharati case (1973) and the Minerva Mills case (1980), the Court held that maintaining a balance between fundamental rights and non-fundamental rights (DPSP) is essential to maintain the basic structure of the Constitution.
12. What is the significance of Fundamental Rights (DPSP) in contemporary India?
Fundamental Rights (DPSP) are of immense importance as they shape India’s social and economic policies—such as poverty alleviation, women’s empowerment, environmental protection, rural development and education reform—and ensure progress towards a more inclusive and equitable society.