Directive Principles of State Policy (DPSP)

Directive Principles of State Policy

Directive Principles of State Policy 

• Part - IV
• Articles - 36 to 51
• Inspired from the Irish Constitution
• These are the principles which inspired the policy of the State.
• DPSPs are instrument of instructions as per the Government of India Act 1935.

DPSP 

Part IV of the Constitution contains the DPSPs which are in the nature of direction to the legislative and executive wings of the government which must be observed and kept in mind while formulating a law.

The aim of these principles is to establish social and economical democracy as pledged in the Preamble.

These principles want to develop a welfaric state as against a police state or a regulatory state (who only maintains law and order).

USA does not have any DPSP as a part of the Constitution. DPSPs in Indian Constitution were based on Irish Constitution. 

These directive principles summarised the ideals of the people of India. They embodied the aim of the people of India which state must keep in mind while formulating laws.

These principles are not justiciable in nature, i.e., they are not enforceable in the court of law. However, they can be enforced by making law by the Parliament.

These principles can be seen as the positive obligations of the State.

Article 36 - Definition of the State (for the purpose of Part IV)

Article 37 - Application of principles (non-justiciable). It also describes DPSPs are fundamental in governance.

Article 38 - State shall strive to promote welfare of the people by securing a social order in which social, economical and political justice shall prevail in all the institutions of natural life especially by reducing inequalities in income and eliminate inequality in status, facilities and opportunities.

Article 39 (a) - State must ensure that all citizens, men or women equally have right to means of livelihood.

Article 39 (b) - State must ensure that the ownership and control of the material resources shall be distributed in a way so as to serve common good.

Article 39 (c) - State must ensure that there is no concentration of wealth in fewer hands.

Article 39 (d) - State must ensure equal pay for equal work for men and women.

Article 39 (e) - State must ensure that the people should not be forced by their economic needs to take a vocation, unsuitable to their age and strength.

Article 39 A - State must ensure equal justice to all and free legal aid for poors.

• It was added by 42nd Constitutional Amendment Act 1976.

Article 40 - State must organise village panchayats across India.

• 73rd Constitutional Amendment Act 1992 was enacted to give effect to this Article.

Article 41 - State must provide right to work and assistance to old, sick and disabled.

Article 42 - State must provide humane condition and maternity leave at work.

Article 43 - State must secure a living wage condition and social cultural opportunities to all the workers and promote Cottage industry.

Article 43 A - State must ensure participation of workers in the management of Industry.

• It was added by 42nd Constitutional Amendment Act 1976.

Article 43 B - Promote Cooperative Societies.

• It was added by 97th Constitutional Amendment Act 1976.

Article 44 - Bring Uniform Civil Code (UCC).

• Goa is the only state which has UCC.

Article 45 - State must provide free and compulsory education for children till the age of 6 years.

• Institutions of Aaganwadis were opened to give effect to this Article.
• Article 21 A - Provides a Fundamental Right to Education to Children between the age group of 6 to 14 years (not below 6 years).

Article 46 - State must promote educational and economic interest of SCs and STs and other weaker sections and prevent their exploitation.

Article 47 - Public health and nutrition should be promoted and prohibit the consumption of intoxicating drinks and drugs which are injurious.

Article 48 - Promote agriculture and animal husbandry on modern scientific lines and prevent the slaughter of cows and other milch animals and draught animals and improve their breed.

Article 48 A - Protect and improve environment and safeguard wildlife.

• It was added by 42nd Constitutional Amendment Act 1976.

Article 49 - Protect monuments, places and objects of artistic historic interest which are of national importance.

Article 50 - Separate judiciary from the executive in public services of the state.

Article 51 - Promote international peace.

Source: IAS Baba

Classification of DPSP

The Directive Principles of State Policy can be divided into three different categories -

1. Socialist Principles
2. Gandhian Principles
3. Liberal-intellectual Principles

Note - This classification is not given in the Constitution.

Amendments in DPSPs 

Source: Vision IAS

DPSP vs Fundamental Rights 

• DPSP - promote welfare of the society
• Fundamental Rights - promote benefit/welfare of the individual

Article 37 - It says that DPSPs are not enforceable in the court of law nevertheless they are fundamental for the governance of this country and it is the duty of the State to incorporate there principles in laws and policies made.

Madras Government in 1951, passed a law reserving seats for SCs in admission in Medical College to give effect to Article 46.

It was challenged in Champakam Duorai Rajan vs State of Madras Case,1951 (as it violates Article 14, 15 (1), 16 (2), etc)

• Champakam Dorairajan vs State of Madras Case, 1951 

Supreme Court in Champakam Dorairajan vs State of Madras Case, 1951 held that laws made to realise DPSP can't override Fundamental Rights and they have to conform and run subsidiary to Fundamental Rights and in case of a conflict between Fundamental Rights and the law made to achieve DPSP, Fundamental Right shall prevail over DPSP.

• Re-Kerala Bill Case 1957 

However, realising the importance of DPSP in establishing a welfaric society, Supreme Court in Re-Kerala Bill Case adopted a 'Theory of harmonisation or harmonious construction' under which Supreme Court held that as such there is no inherent conflict between the DPSP and the Fundamental Rights and in case of conflict between the two, the court must try to incorporate both of them to the extent possible, i.e., to the extent possible ensuring the implementation of DPSP along with guaranteed a non-violation of Fundamental Right.

        However, if such a harmony is not possible, then the court has no choice but to implement the Fundamental Right in preference to DPSP.

Therefore, on the basis of this interpretation Supreme Court held two laws enacted by the Parliament to give effect to directive principle under Article 39 (b) and Article 39 (c) to be unconstitutional and void on the ground that they violates the Fundamental Rights under Article 14, 19 and 31.

The two laws are -

1. Bank Nationalisation Act 1969
2. Privy Purses (abolition) Act 1971

However, Parliament held that such an interpretation of the Supreme Court will come in a way of enacting social legislation on reforms in the larger interest of the society.

Thus, Parliament introduced Article 31 C through 25th Constitutional Amendment Act 1971 which read that if state enacts a law to give effect to directions under Article 39 (b) and 39 (c) and in this process, the law violates Article 14, 19 and 31; then the law can't be held unconstitutional merely on this ground. Also no such law can be questioned in the court of law, i.e., no judicial review.

Effectively, Article 39 (b) and 39 (c) will lead India towards socialism. They ensure economic and social justice.

• Keshvanand Bharti vs State of Kerala Case 1971 

In Keshvanand Bharti vs State of Kerala Case, 1971, Supreme Court held the constitutional validity of 25th Constitutional Amendment Act. However, it struck down the provision that the law can't be questioned in the court of law.

However, Parliament not enacted the 42nd Constitutional Amendment Act 1976, which among the other things amended Article 31C, which in amended form read, 'if state enacts a law to give effect to all or any DPSPs and in this process, the law violates Fundamental Rights under Article 14, 19 and 31; then the law shall not be held unconstitutional and void merely on this ground.

Subsequently, 44th Constitutional Amendment Act 1978 removed Article 19 (1)(f) and Article 31 from the list of Fundamental Rights.

• Minerva Mills Case 1980 

However, Supreme Court in Minerva Mills Case 1980 held that the changes introduced in Article 31C by 42nd Constitutional Amendment Act 1976 were unconstitutional on the ground that it disturbed the delicated balance between Part III and Part IV of the Constitution and this balance between DPSPs and Fundamental Rights is also a part of the Basic Structure of the Constitution.

Court also retaliated that the power of judicial review available with the court is also a part of the Basic Structure of Indian Constitution.

The present position is that under Article 31C, a law made to implement principles under Article 39 (b) and 39 (c) shall prevail over two Fundamental rights, i.e., Article 14 and 19.

Directive Principles given outside the Part IV of the Constitution

Though, Part IV of the Constitution formally deals with the provisions of the DPSPs, there are some directions to the state mentioned in the parts of the Constitution other that Part IV and they are also non-justiciable in nature.

They are -

1. Article 335 - It directs the State that the claims of SCs and STs shall be taken into consideration consistently along with maintenance of efficiency of the administration while making appointments in the services of the government.
2. Article 350 A - It directs the State and the local authorities within the state to provide adequate facilities for instructions in mother tongue at the primary stage to the children of linguistic minorities.
3. Article 351 - It directs the government to promote and spread Hindi. So that it may serve as a medium of expression of all the elements of composite culture of India.

Uniform Civil Code (UCC) 

The laws (Code/Rule) in India can be categorised into two different groups -

1. Criminal Law 
2. Civil Law

In India, we have a Uniform Criminal Law, i.e., Criminal laws are applicable to all irrespective of his religion, race, caste, ethnicity, etc.

But in case of Civil Laws, it is same/uniform in some areas but different in other areas (especially in personal areas like marriage, divorce, adoption, etc)

Uniform Civil Code - UCC under Article 44 implies that the section of society irrespective of their religion shall be treated equally according to a national civil code which shall apply uniformly on all the sections irrespective of the religion.

This code covers the area like marriage, divorce, maintenance, adoption, etc.

UCC will eventually enhanced the status of women. 

Supreme Court observed that marriage, succession and other similar matters are secular in nature and thus state can regulate them equally for all and it will not be the violation of Article 25 and 26 (Right to religion).

Importance of DPSPs 

Directive Principles have not been given automatic legal enforceability not because that are inferior to any other part of the constitution but because they being the obligation of the state. Their implementation by the state requires time and material resources and thus it can't be achieved in a limited time frame.

Dr. B.R. Ambedkar said, "Directive Principles if implemented well can make India an egalitarian (who support equality among the people) and a welfaric state". Thus, a government which is truely responsible must implement DPSPs , otherwise it will be answerable to the people in the next election.

Thus, Directive principles are not enforceable in the Court of law but they are enforceable in the Court of people.

These principles act as lighthouse, constantly reminding the government of the day of their responsibility.

Being driven by the same principles ensure that irrespective of changing government, the overall orientation of the Indian State remains the same, i.e., welfaric.

Difference between Fundamental Rights and DPSPs 

Fundamental Rights 

1. Fundamental Rights promote welfare of the individual and are thus personal and individualistic.
2. They are enforceable in the Court of law.
3. Fundamental rights represent negative obligations of the state, i.e., it prevents the state from violating the Fundamental Rights.
4. Fundamental Rights provide for political democracy.
5. Fundamental rights represent something static since basic rights have been given and the aim of the state is only to preserve them.

DPSPs 

1. DPSPs promote welfare of the community and are thus socialistic and societarian in nature.
2. They are not enforceable in the Court of law.
3. DPSPs are negative affirmations of the State.
4. DPSPs seek to establish social and economic democracy.
5. DPSPs represent something dynamic where state has to do something in order to realise the principles and this effort is constant.

Previous Article - Citizenship 

Next Article - The President

Notes on other subjects 

Ancient History

Medieval History

Modern History

Art & Culture

Polity

Geography

International Relations

Society

Optional Subject 

Public Administration

Note - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

Hope! It will help you to achieve your dream of getting selected in Civil Services Examination 👍