Introduction
The Directive Principles of State Policy (DPSP) form the socio-economic blueprint of governance in India. Enshrined in Part IV (Articles 36 to 51) of the Indian Constitution, these principles are non-justiciable, yet essential for establishing a welfare state. Though not legally enforceable, they act as a compass for legislators and governments to pursue policies that uphold justice, liberty, equality, and fraternity—the core values of the Preamble.
Meaning of Directive Principles of State Policy (DPSP)
DPSPs are constitutional guidelines for framing laws and policies that promote the welfare of the people. While they are non-enforceable in courts, their aim is to achieve economic democracy, social justice, and balanced development.
Key Point: DPSPs are moral obligations of the State but have no legal sanctity.
Constitutional Provisions of DPSP
Article Range | Part | Source | Description |
---|---|---|---|
Articles 36–51 | Part IV | Irish Constitution | Guidelines for State policy towards a welfare society |
Dr B.R. Ambedkar: Described DPSPs as “novel features” of the Indian Constitution.
Granville Austin: Called DPSPs + Fundamental Rights the “Conscience of the Constitution.”
Key Features of DPSPs
Feature | Description |
---|---|
Non-Justiciable | Cannot be enforced in a court of law |
Positive Obligations | Guide the State in promoting welfare |
Reflective of Welfare State | Aim to establish justice and equality |
Dynamic | Adaptable to changing social and economic needs |
Moral & Political Directives | Ethical obligations for the government |
International Alignment | Guide India in fulfilling global human rights standards |
Complementary to Fundamental Rights | Together ensure holistic governance |
Promote Good Governance | Encourage transparency, accountability, and equity |
Classification of Directive Principles of State Policy
Although the Constitution doesn’t officially classify them, scholars categorize DPSPs into three broad types:
Socialistic Principles
These aim to promote economic and social justice.
Article | Provision | Related Schemes |
---|---|---|
38 | Welfare state & reduce inequality | PM Awas Yojana, PDS |
39 | Livelihood, equal pay, health of workers, children’s development | Maternity Law, ICDS, SHGs |
39A | Equal justice and free legal aid | NALSA, Nyaya Mitra |
41 | Right to work, education & assistance | MGNREGA, NSAP |
42 | Humane work conditions & maternity relief | PM Matru Vandana Yojana |
43 | Living wage & decent standard of life | Labour Codes, Social Security Act |
43A | Worker participation in industries | Trade Union Act, Apprenticeship Act |
47 | Nutrition, standard of living & health | Poshan Abhiyaan, ONORC |
Gandhian Principles
These reflect the philosophy of Mahatma Gandhi: rural upliftment, self-sufficiency, and decentralized governance.
Article | Provision | Related Schemes |
---|---|---|
40 | Village Panchayats | Sakala (Karnataka), Panch Parmeshwar (MP) |
43 | Cottage Industries | Rural crafts promotion |
43B | Cooperative societies | Yuva Sahakar Scheme |
46 | Upliftment of SCs/STs/OBCs | SC/ST Act, scholarships |
47 | Prohibition of intoxicants | Liquor ban in Bihar |
48 | Cow protection & improvement | Gokul Mission, Kamdhenu Yojana |
Liberal-Intellectual Principles
These are influenced by liberalism and focus on individual freedom, scientific outlook, and national unity.
Article | Provision | Related Initiatives |
---|---|---|
44 | Uniform Civil Code | Special Marriage Act, UCC debates |
45 | Early childhood care and education | ICDS, Beti Bachao Beti Padhao |
48 | Scientific agriculture and animal husbandry | e-NAM, Soil Health Card |
48A | Environment & Wildlife Protection | Forest Act, Biodiversity Act |
49 | Protection of heritage | Antiquities Act |
50 | Separation of judiciary from executive | Keshavananda Bharati Judgment |
51 | International peace & respect for treaties | NAM, UN Peacekeeping, Panchsheel |
Amendments to DPSPs
Amendment | Additions |
---|---|
42nd Amendment (1976) | Added Article 39A (free legal aid), 43A (workers in industries), and 48A (environment protection) |
44th Amendment (1978) | Made Article 38 more comprehensive |
86th Amendment (2002) | Revised Article 45 to provide early childhood education |
97th Amendment (2011) | Added Article 43B: Promotion of cooperatives |
Importance and Utility of DPSPs
- Blueprint for Governance: Vision for a welfare state
- Legislative Backbone: Many laws like MGNREGA, RTE, Labor Codes trace their origin to DPSPs
- Moral Force: Serve as yardsticks for public accountability
- Judicial Interpretation: Courts increasingly recognize them in harmonious construction with Fundamental Rights
Minerva Mills vs. Union of India (1980): Supreme Court said the harmony between FRs and DPSPs is part of the basic structure.
Criticism of DPSPs
Criticism | Explanation |
---|---|
Non-justiciable | Cannot be enforced legally |
Vague & Ambiguous | Terms like “adequate”, “just”, “humane” lack clarity |
Conflicts with FRs | Sometimes contradict enforceable rights (e.g., Article 44 vs. Right to Religion) |
Delayed Implementation | Many remain unimplemented decades after independence |
Used for Political Rhetoric | Often reduced to populist promises |
DPSPs vs Fundamental Rights
Aspect | Fundamental Rights | DPSPs |
---|---|---|
Nature | Justiciable | Non-Justiciable |
Objective | Individual rights | Collective welfare |
Enforcement | Enforced by courts | Cannot be enforced |
Source | US Constitution | Irish Constitution |
Example | Right to Equality | Right to Work, UCC, Free Legal Aid |
Conclusion
The Directive Principles of State Policy are vital instruments in transforming India into a welfare state. Though non-justiciable, their significance in guiding legislation, ensuring social justice, and achieving the goals of the Constitution cannot be overstated. With rising awareness and judicial activism, DPSPs are gaining increasing importance in policy discourse and governance.
FAQs on DPSPs
Q1. Are DPSPs legally enforceable?
No, they are non-justiciable but morally binding.
Q2. From which Constitution was the idea of DPSPs borrowed?
The Irish Constitution.
Q3. Which Article mentions the separation of judiciary from executive?
Article 50.
Q4. Which amendment added Article 48A (environment)?
42nd Constitutional Amendment (1976).
Q5. What are the types of DPSPs?
Socialistic, Gandhian, and Liberal-Intellectual principles.