Study Materials
General Studies - Polity
Directive Principles of State Policy (DPSP)
Basic Facts
- Part IV of the Constitution
- Articles 36–51
- Aim: Establish a Welfare State & ensure Social + Economic Justice
- Inspired by: Irish Constitution & Spanish Constitution
- Non-justiciable, but fundamental in governance (Art. 37)
- Described by Granville Austin as:
“Constitutional instructions for achieving social, economic, and political justice.”
Articles 36 & 37
- Article 36 – ‘State’ has the same meaning as in Article 12.
- Article 37 –
- DPSP is not enforceable by courts.
- But binding on the State while making laws.
Classification of DPSP
- Socialist Principles
Article | Directive |
38 | Promote social, economic & political justice; reduce inequalities (44th AA) |
39 | Livelihood, distribution of wealth, prevent concentration, equal pay, child health & development (clause f added by 42nd AA) |
39A | Free legal aid; equal justice (42nd AA) |
41 | Right to work, education & public assistance |
42 | Humane work conditions & maternity relief |
43 | Living wage, fair wages |
43A | Workers’ participation in management (42nd AA) |
46 | Promote SC/ST & weaker sections’ education/economy |
47 | Raise nutrition, public health |
- Gandhian Principles
Article | Directive |
40 | Village panchayats |
43 | Cottage industries |
43B | Promote cooperative societies (97th AA) |
46 | Promote the interests of SC/STs (overlaps with socialist) |
47 | Prohibit intoxicating drinks/drugs |
48 | Prohibit cow slaughter & improve breeds |
Liberal–Intellectual Principles
Article | Directive |
39 | Gender equality (implicit) |
44 | Uniform Civil Code |
45 | Free education up to 14 years (modified by 86th AA → shifted to Art 21A) |
48 | Modern agriculture & animal husbandry |
48A | Protect environment, forests & wildlife (42nd AA) |
49 | Protect monuments of national importance |
50 | Separation of judiciary & executive |
51 | Promote international peace, honour treaties, and arbitration |
Directives Outside Part IV
Article | Directive |
335 (Part XVI) | Claims of SC/ST in services while keeping efficiency |
350A (Part XVII) | Primary education in the mother tongue for linguistic minorities |
351 (Part XVII) | Promote the Hindi language |
Conflict Between FR & DPSP
- Champakam Dorairajan Case (1951)
- FR > DPSP
- Led to 1st, 4th, 17th Amendments
- Golaknath Case (1967)
- Parliament cannot amend FRs to implement DPSP.
- 24th Amendment
- Restored Parliament’s power to amend FRs.
- 25th Amendment (Article 31C)
- Laws implementing Art 39(b) & (c) are protected from violation of Arts 14, 19, 31.
- Kesavananda Bharati (1973)
- Struck down the clause preventing judicial review.
- Accepted protection for 39(b) & (c).
- 42nd Amendment (1976)
- Extended Art. 31C protection to all DPSPs.
- Minerva Mills (1980)
- Struck down the 42nd Amendment’s extension.
- FR > DPSP (except 39(b), 39(c))
- Emphasised Balance = Basic Structure.
Current Position
- Fundamental Rights prevail over DPSPs,
BUT Parliament may amend FRs to implement DPSPs without harming the Basic Structure.
Importance / Significance of DPSP
- Embody Welfare State philosophy.
- Provide socio-economic justice (real democracy).
- Complement Fundamental Rights.
- Guide the government in policymaking.
- Many DPSPs converted into laws/rights:
- MGNREGA, Legal Services Authority Act, Environment laws, Labour laws, Panchayati Raj, Bank nationalisation, Land reform acts, etc.
- Political accountability: manifestos are often based on DPSPs.
Limitations
- Non-justiciable (lacks legal force)
- Not logically arranged
- Sometimes outdated (Ivor Jennings’ criticism)
- Conflicts with FR, centre–state disputes
- Implementation depends on political will
