Directive Principles of State Policy (DPSP): Part IV, Articles 36–51 and Constitutional Framework

The Directive Principles of State Policy (DPSP) are the fundamental guidelines for the governance of India, enshrined in Part IV (Articles 36 to 51) of the Constitution. Often described as the “Instrument of Instructions,” these principles act as a moral and political compass for the State. While Fundamental Rights (FRs) aim to establish political democracy, the DPSPs are designed to ensure social and economic democracy, aiming to transform India into a true Welfare State.

The Conceptual Framework and Origin of DPSP

The Directive Principles were not born in a vacuum; they were a response to the deep-seated socioeconomic inequalities of colonial India.

1. Inspiration: The Indian Constitution-makers borrowed the concept from the Irish Constitution of 1937, which had itself borrowed it from the Spanish Constitution.
2. Instrument of Instructions: They resemble the “Instrument of Instructions” found in the Government of India Act of 1935, which were issued to the Governor-General and Governors.
3. Definition of ‘State’ (Article 36): For the purpose of Part IV, the term ‘State’ carries the same meaning as defined in Article 12 of Part III (Fundamental Rights), covering the Legislative and Executive organs of the Union and State governments and local authorities.
4. Nature (Article 37): This article explicitly states that the Directive Principles are non-justiciable, meaning they cannot be enforced by any court. However, it mandates that these principles are fundamental in the governance of the country.

2 Classification of Directive Principles

Although the Constitution does not formally classify them, the DPSPs are traditionally grouped into three ideological categories based on their content and direction.

Socialist Principles

These principles aim to provide the framework of a democratic socialist state and ensure social and economic justice.

• Article 38: Promoting the welfare of the people and minimizing inequalities in income, status, and opportunities (Modified by the 44th Amendment, 1978).
• Article 39: Securing adequate means of livelihood, equitable distribution of resources, and equal pay for equal work.
• Article 39A: Providing free legal aid to the poor (42nd Amendment, 1976).
• Article 41: Right to work, education, and public assistance in cases of unemployment or old age.
• Article 43A: Participation of workers in the management of industries (42nd Amendment, 1976).

Gandhian Principles

These represent the program of reconstruction enunciated by Mahatma Gandhi during the national movement.

• Article 40: Organization of Village Panchayats as units of self-government.
• Article 43: Promotion of cottage industries in rural areas.
• Article 43B: Promotion of Cooperative Societies (97th Amendment, 2011).
• Article 46: Promotion of educational and economic interests of SCs, STs, and other weaker sections.
• Article 47: Prohibition of the consumption of intoxicating drinks and drugs.
• Article 48: Prohibition of the slaughter of cows, calves, and other milch cattle.

Liberal-Intellectual Principles

These principles reflect the ideology of liberalism and modern scientific outlook.

• Article 44: Implementation of a Uniform Civil Code for all citizens.
• Article 45: Provision for early childhood care and education for all children until age six (Modified by the 86th Amendment, 2002).
• Article 48A: Protection and improvement of the environment, forests, and wildlife (42nd Amendment, 1976).
• Article 50: Separation of the Judiciary from the Executive in public services.
• Article 51: Promotion of international peace and security.

Conflict Between Fundamental Rights and DPSP

The relationship between FRs and DPSPs has evolved through several landmark Supreme Court rulings, moving from a hierarchy to a balance.

Case / Amendment	Outcome / Legal Position
Champakam Dorairajan (1951)	SC ruled FRs prevail over DPSPs. DPSPs were seen as “subsidiary” to FRs.
Golaknath Case (1967)	SC stated FRs cannot be amended or abridged to implement DPSPs.
25th Amendment Act (1971)	Inserted Article 31C; gave primacy to Articles 39(b) and (c) over Articles 14, 19, and 31.
Minerva Mills Case (1980)	SC restored the balance, stating the Constitution is founded on the bedrock of the balance between FRs and DPSPs.

Current Status: Fundamental Rights generally hold supremacy, but laws made to implement Article 39(b) and (c) cannot be challenged on the grounds of violating Articles 14 or 19.

Features, Significance, and Implementation

The “Novel Features”

Dr. B.R. Ambedkar described these principles as a “novel feature” of the Constitution. They act as a check on the government, as the electorate can judge their performance based on the implementation of these directives during elections.

Major Implementations

The State has enacted numerous laws to fulfill Part IV obligations:

1. Land Reforms: Abolition of Zamindari and implementation of land ceiling acts.
2. Labor Laws: Minimum Wages Act, Maternity Benefit Act, and Bonded Labour System Abolition Act.
3. Welfare Schemes: Mid-day Meal Scheme and MGNREGA (implementing Article 41).
4. Environment: Wildlife (Protection) Act, 1972 and Forest (Conservation) Act, 1980.
5. Local Governance: The 73rd and 74th Amendment Acts gave effect to Article 40.

Limitations and Criticisms

• Non-Justiciability: Critics like K.T. Shah described them as a “cheque on a bank, payable only when the resources of the bank permit.”
• Constitutional Conflict: Can lead to friction between the Centre and States, or between the President and the Prime Minister, if directives are ignored.
• Sir Ivor Jennings noted that they have no consistent philosophy and are “pious aspirations” of 19th-century political thought.

Directives Outside Part IV

There are three specific directives located elsewhere in the Constitution:

1. Article 335 (Part XVI): Claims of SCs and STs to public services.
2. Article 350-A (Part XVII): Instruction in mother tongue at the primary stage.
3. Article 351 (Part XVII): Development and promotion of the Hindi language.

 

FAQs

WHAT IS THE MAIN DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES?

Fundamental Rights are negative obligations (restricting State power) and are justiciable, while Directive Principles are positive obligations (directing State action) and are non-justiciable.

WHICH AMENDMENT ADDED ARTICLE 39A (FREE LEGAL AID) TO THE CONSTITUTION?

The 42nd Constitutional Amendment Act of 1976 added Article 39A to ensure equal justice and free legal aid for the poor.

CAN A CITIZEN GO TO COURT IF THE STATE FAILS TO IMPLEMENT A DPSP?

No, according to Article 37, DPSPs are non-justiciable and cannot be enforced by any court of law.

WHAT IS THE SIGNIFICANCE OF ARTICLE 44?

Article 44 directs the State to secure a Uniform Civil Code (UCC) for all citizens throughout the territory of India to promote national integration.

HOW DID THE 86TH AMENDMENT ACT AFFECT THE DPSP?

It modified Article 45 by changing its subject matter to “early childhood care” and shifted “elementary education” to a Fundamental Right under Article 21A.

WHICH PRINCIPLE IS KNOWN AS THE SEPARATION OF POWERS DIRECTIVE?

Article 50, which directs the State to take steps to separate the judiciary from the executive in the public services.

WHAT ARE GANDHIAN PRINCIPLES IN DPSP?

These are principles inspired by Gandhi’s ideology, such as Article 40 (Village Panchayats), Article 47 (Prohibition of liquor), and Article 48 (Cow protection).

WHAT WAS THE SUPREME COURT’S RULING IN THE MINERVA MILLS CASE?

The court ruled that the Indian Constitution is founded on the balance between Fundamental Rights and Directive Principles, and neither should be sacrificed for the other.

DO DPSPS APPLY TO INTERNATIONAL RELATIONS?

Yes, Article 51 directs the State to promote international peace and security and foster respect for international law and treaty obligations.

WHICH DIRECTIVE PRINCIPLE PROMOTES THE PARTICIPATION OF WORKERS IN MANAGEMENT?

Article 43A, which was added by the 42nd Amendment Act in 1976.