Directive Principles of State Policy (DPSP)

The Directive Principles of State Policy (DPSP) are constitutional provisions which state the objectives for social and economic governance in India. These are available in Part IV of the Constitution, from Article 36 to 51. Their ultimate goal is to lead the State in drafting conditions of social justice, economic equality, public welfare, and living with dignity. But these principles are not justiciable under the Constitution. Their significance is much broader than the words "non-justiciable", whereas Article 37 explicitly states that DPSPs are fundamental to the governance of the country and imposes a duty on the State to apply them with respect to making laws and policies.

Background of Directive Principles of State Policy

The idea of DPSPs came from the thinking to ensure that political democracy is coupled with social and economic transformation. At the time of independence India faced poverty, illiteracy, unemployment and social discrimination and economic inequality at the time of independence. The policymakers did not limit the Constitution to laying down only the institutional framework of government. They also included a set of objectives that future governments were meant to work towards. It mostly borrowed from the Irish Constitution in framing the DPSP. It is also similar to the Instrument of Instructions in the Government of India Act, 1935.

Classification of DPSP

This can categorise DPSPs into different categories, but not the Constitution itself.

• Socialist Principles
• Gandhian Principles
• Liberal-Intellectual Principles

Socialist Principles 

The Socialist principles primarily focus on social justice, economic equality, labour welfare and protection of disadvantaged sections.

Article	Principle	Main Objective
Article 38	Welfare-oriented social order	Promote social, economic and political justice
Article 39(a)	Adequate livelihood	Ensure means of livelihood
Article 39(b)	Distribution of resources	Use material resources for the common good
Article 39(c)	Prevention of concentration of wealth	Avoid excessive concentration of economic power
Article 39(d)	Equal pay	Equal pay for equal work
Article 39(e)	Worker and child protection	Prevent exploitation and harmful working conditions
Article 39(f)	Child development	Ensure healthy development and dignity
Article 39A	Equal justice	Provide free legal aid
Article 41	Work, education and assistance	Promote social security
Article 42	Humane working conditions	Labour welfare and maternity relief
Article 43	Living wage	Decent standard of life for workers
Article 43A	Workers' participation	Industrial democracy
Article 46	Weaker sections	Educational and economic advancement
Article 47	Public health	Nutrition and improvement in living standards

Article 38

• According to Article 38, the State shall ensure social order where social, economic and political justice serves the National life.
• It also requires the State to minimise disparities in income, status and opportunities.
• A special provision to minimise inequalities among individuals and groups was added by the 44th Constitutional Amendment Act, 1978.

Article 39

Article 39 is perhaps the single most important provision of the DPSP to inform our understanding of economic justice under the Constitution.

It deals with:

• livelihood,
• distribution of material resources,
• concentration of wealth,
• equal pay,
• protection of workers and children
• healthy development of children.

Article 39A

• Article 39A is a provision for free legal assistance to make sure that economic or other disabilities do not impede the obtaining of justice.
• It requires the State to promote equal justice and free legal assistance.
• Added by: 42nd Constitutional Amendment Act, 1976.

Article 41

Article 41 of the State's liability for:

• work,
• education,
• unemployment,
• old age,
• sickness, and
• disablement.

Article 42

• Article 42 also has a provision for maternity relief; there is a need to provide work under fair and humane conditions.
• It shows that the provision of labour welfare is not just an ordinary piece of legislation but is a domain within specific constitutional policy.

Article 43

• Article 43: right to a living wage to achieve decent working conditions and a minimum standard of life for workers.
• It also promotes the establishment of cottage industries, especially in rural areas.
• Article 43A seeks to involve workers in the management of industries.
• Inserted by: 42nd Constitutional Amendment Act, 1976.

Article 46

Under Article 46, the State shall promote with special care the educational and economic interests of weaker sections of the people, and in particular, of Scheduled Castes and Scheduled Tribes and protect them from social injustice and all forms of exploitation.

Article 47

Article 47 places emphasis on:

• nutrition,
• standard of living,
• public health, and
• prevention of harmful intoxicant consumption.

Gandhian Principles

The Gandhian dimension of DPSPs can be seen particularly in provisions concerning village self-government, rural industries, cooperatives, weaker sections, prohibition and animal husbandry.

Article	Principle	Main Objective
Article 40	Village Panchayats	Promote grassroots self-government
Article 43	Cottage industries	Encourage rural economic activity
Article 43B	Cooperative societies	Promote democratic cooperation
Article 46	Weaker sections	Protect disadvantaged communities
Article 47	Prohibition	Discourage harmful intoxicants
Article 48	Animal husbandry	Scientific organisation and cattle protection

Article 40 – Village Panchayats

• Article 40 mandates the State to take steps towards establishing, through legislation villages to make village Panchayats as units of self-government.
• Its constitutional significance can be understood from the 73rd Constitutional Amendment Act, 1992, through which Panchayati Raj Institutions were provided with constitutional status.

Article 43 – Cottage Industries

• Article 43 promotes cottage industries in rural areas.
• The underlying objective is to support rural employment, decentralised economic activity and local production.

Article 43B – Cooperative Societies

Article 43B promotes:

• voluntary formation,
• autonomous functioning,
• democratic control, and
• professional management
• of cooperative societies.
• Inserted by: The 97th Constitutional Amendment Act, 2011

Liberal-Intellectual Principles

These principles generally relate to institutional development, scientific organisation, environment, heritage, civil law and international relations.

Article	Principle	Main Objective
Article 44	Uniform Civil Code	Endeavour towards common civil laws
Article 45	Early childhood care	Development of children below six years
Article 48	Scientific agriculture	Modernise agriculture and animal husbandry
Article 48A	Environmental protection	Protect the environment, forests and wildlife
Article 49	Heritage protection	Preserve nationally important monuments
Article 50	Judicial separation	Separate judiciary from executive
Article 51	International peace	Promote peace and international cooperation

Article 44 Uniform Civil Code

• Article 44 of the Constitution requires the State to make efforts to secure for citizens a uniform civil code throughout India.
• It is still a Directive Principle, and thus it is not legally enforceable by an individual in a court of law.

Right to Early Childhood Care Article 45

• At present, Article 45 only relates to early childhood care and education of children up to 6 years of age.
• The 86th Amendment of the Constitution Act, 2002 expanded the scope of Article 45 and added a new Article 21A in the Constitution say, "Right to free and compulsory education for children between the ages of six and fourteen years shall be a Fundamental Right.

Article 48 – Agriculture and Animal Husbandry

• Article 48 directs the State to organise agriculture and animal husbandry on modern and scientific lines.
• It includes clauses about the conservation of cattle breeds and their preservation, and also the slaughter of livestock.

Article 48A – Environment

• 48A: The State shall endeavour to protect and improve the environment and to safeguard forests and wildlife of the country.
• Inserted by: 42nd Constitutional Amendment Act, 1976.

Article 49 – Monuments

Article 49, which relates to monuments, places, and objects of artistic or historic interest as declared by law to be of national importance.

Article 50 – Separation of Judiciary

• Article 50 directs the State to separate the judiciary from the executive in public services.
• The provision supports the broader constitutional principle of judicial independence.

Article 51 – International Peace

Article 51: the goal of the State is to be:

• international peace and security,
• the peaceful and honourable relations among nations,
• consideration of international law and treaty obligations, and
• arbitration for the peaceful settlement of international disputes

Constitutional Amendments Related to DPSP

The DPSP framework has been expanded through several Constitutional Amendments.

Amendment	Year	Major DPSP Change
42nd Amendment	1976	Added Articles 39A, 43A and 48A
44th Amendment	1978	Added Article 38(2)
86th Amendment	2002	Revised Article 45 and inserted Article 21A
97th Amendment	2011	Added Article 43B

Conflict between DPSP and Fundamental Rights

Constitutional amendments and Supreme Court verdicts have redefined the relationship between Fundamental Rights and DPSPs to great extent.

1951 State of Madras v. Champakam Dorairajan

• The Supreme Court ruled that, to the extent there was conflict within the constitutional framework existing then, Fundamental Rights would prevail Directive Principles.
• This decision became a landmark in the later development of the association between components III and IV.

Golaknath v. State of Punjab, 1967

• The Supreme Court ruled that Parliament is not empowered to amend Fundamental Rights in a way so as to take away or abridge them.
• it created a colossal tension in constitutionality as all socio-economic reform have some kind of constitutional amendment attached to property rights.

Kesavananda Bharati v. The State of Kerala, 1973

• The Basic Structure Doctrine got established by Supreme Court.
• While the judgement acknowledged that Parliament has large powers to amend, it ruled that the amendment should not destroy the basic structure of the Constitution.
• This developed into a key constraint on constitutional amendments meant to change the link between Fundamental Rights and DPSPs.

Also Read

Legislature and Judiciary in India	Historical Background of Indian Constitution
Preamble of the Indian Constitution	Citizenship in India
Fundamental Rights in India	Legislature and Judiciary in India

Conclusion

Indian Constitution derives its social and economic vision from the Directive Principles of state policy. While the Fundamental Rights of Indian citizens defend the individual from unconstitutional action by State authorities, DPSPs merely exhort the State to work for providing conditions in which justice, equality and dignity can attain meaning in everyday life. non-justiciability allows governments to determine the method of implementation, but Article 37 fortifies their role as a core aspect of constitutional governance. Their impact can be felt across a range of areas including local self-governance, legal assistance, labour welfare, education, public health, social justice and environmental protection.

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