Directive Principle of State Policy

by | Jan 3, 2024

Enshrined in Part IV (Article 36–51), the DPSP reflects the vision of the Constitution’s makers who recognized the challenges of post-colonial India, marked by poverty, hunger, and socio-economic disparities. Directive principles of State Policy stand as a lighthouse of Indian Constitution, the main aim of DPSP is guiding the nation towards socio-economic justice and the establishment of a welfare state.

Background of Directive Principles of State Policy

Part IV of Indian Constitution is derived from the Irish Constitution, gets ideas from Spain’s constitution and Gandhian philosophy thoughts like Sarvodaya. DPSP acts like a moral guide. It gives rules for leadership and understands the different cultures in our country.

Objectives and Ideological Foundations:

  • The Directive Principles is a blueprint for a just and equitable society, guiding lawmakers and leaders towards policies that empower all citizens.
  • These guiding principles blend socialist, Gandhian, and liberal ideals, weaving a tapestry of social welfare and individual freedom.

Different Directive Principles:

The DPSP is classified based on its ideological source, encompassing principles rooted in socialism, Gandhian philosophy, and liberal intellectual thought. Each directive articulates specific policies, from promoting economic equality to safeguarding the environment and historical monuments.

The categorization of Directive Principles of State Policy (DPSP) in the Indian Constitution, outlined in Part IV (Article 36–51), underscores diverse ideological foundations:

Socialist Principles:

    • Article 38: Directs the state to pursue social, economic, and political justice, minimizing inequalities.
    • Article 39: Focuses on ensuring an adequate livelihood, equitable resource distribution, and equal pay.

Gandhian Principles:

      • Article 40: Advocates village panchayats for self-government.
      • Article 43: Encourages cottage industries in rural areas.
      • Article 43B: Stresses democratic control of cooperative societies.

Liberal Intellectual Principles:

        • Article 44: Urges a Uniform Civil Code.
        • Article 45: Focuses on early childhood care and education.
        • Article 48, 48A, 49, 50: Calls for modernizing agriculture, protecting the environment, safeguarding monuments, and separating the judiciary.

This classification addresses socio-economic disparities, promotes self-governance, emphasizes a uniform legal framework, and highlights environmental conservation, reflecting the Constitution’s comprehensive and balanced approach to governance in India.

Related Amendments and Legal Significance

The DPSP is subject to amendments requiring a special majority in both houses of Parliament. Amendments like the 42nd and 44th have introduced changes and emphasized specific directives, such as free legal aid, worker participation in management, and environmental protection.

Comparison with Fundamental Rights

While Fundamental Rights (FRs) and DPSP are integral to the Indian Constitution, conflicts have persisted. 

Aspect
Fundamental Rights (FRs)
Directive Principles of State Policy (DPSP)
Legal Nature Legally Binding and Enforceable. Non-Legally Binding; Moral Guidelines for Governance.
Protection Protects Individual Rights and Interests. Prioritizes Socio-Economic Equality and Safeguards Vulnerable Sections.
Enforcement Courts Enforce; Individuals Can Appeal Violations. Non-Justiciable; Individuals Can’t Directly Appeal; Courts Prioritize FRs in Conflicts.
Nature of Rights Negative; Limits State Powers. Affirmative; Guides State Duty to Achieve Social and Economic Objectives.
Welfare State Focus Emphasizes Individual Liberties. Shapes India into a Welfare State, Focusing on Collective Well-Being and Justice.
Conflicts Conflicts Resolved in Favor of FRs. Conflicts Due to Non-Justiciable Nature; FRs Prevail.
Foundational Role Integral to Liberal Political Democracy. Integral to Welfare State, Prioritizing Socio-Economic Justice.
Protection Target Primarily Individual Interests. Prioritizes Protection of Weaker and Vulnerable Sections (SCs, STs, etc.).
Governance Guide Safeguards Against Arbitrary State Actions. Moral and Ethical Guide for Governance, Shaping Policies for Collective Welfare.
Adaptability Generally Fixed in Constitution. Amendments Possible; Can Evolve to Address Changing Societal Needs.
Examples Articles 14–32 Ensuring Equality and Freedom. Articles 36–51, Guiding State Policies for Socio-Economic Justice and Welfare.
Amendment Process Requires Special Majority; Complex. Requires Special Majority but More Flexible.
Impact on Legislation Influences Legal Protection of Individual Rights. Shapes Laws with Emphasis on Collective Welfare, Development, and Social Justice.
Philosophical Foundation Rooted in Individual Liberty. Rooted in Various Philosophies (Socialism, Gandhian Principles, Liberal Thought) for a Holistic Governance Approach.

Judicial Interpretations:

Land and labor reforms, Panchayati Raj, cottage industries promotion, and education initiatives exemplify the practical application of DPSP. Legal judgments, starting from Champakam Dorairajan to Minerva Mills, have shaped the relationship between Fundamental Rights and DPSP, underscoring the latter’s subservience to the former.

Acts and Amendments in Action:

Legislation addressing land reforms, labor rights, Panchayati Raj, education, rural development, health, environment, and heritage preservation showcase the tangible impact of DPSP on shaping policies for the welfare and development of Indian society.

Key Highlights:

  • Roots in Diverse Sources: DPSP draws inspiration from Irish and Spanish constitutions, Gandhian philosophy, and global declarations of rights.
  • Moral Compass for Governance: DPSP provides a moral and ethical guide for legislatures and executives, urging them to work towards socio-economic justice.
  • Classification of Principles: The principles are categorized based on socialist, Gandhian, and liberal intellectual ideologies, reflecting a balanced approach.
  • Amendments Reflecting Evolving Priorities: The 42nd and 44th Amendments have introduced changes to DPSP, emphasizing issues like environmental protection and worker participation.
  • Balancing Fundamental Rights and DPSP: Legal interpretations have clarified the relationship between Fundamental Rights and DPSP, underscoring the latter’s subservience to the former.
  • Practical Impact on Legislation: Acts and amendments related to land and labor reforms, education, health, and environment exemplify the tangible impact of DPSP on shaping policies for societal welfare.

Landmark cases related to the Directive Principles of State Policy (DPSP)

Case
Year
Key Ruling
Champakam Dorairajan v State of Madras 1951
  • Fundamental Rights prevail over Directive Principles in case of conflict.
  • Directive Principles must obey to and run subsidiary to Fundamental Rights.
Golaknath v State of Punjab 1967
  • Fundamental Rights cannot be amended by Parliament, even for the implementation of Directive Principles.
Kesavananda Bharati v State of Kerala 1973
  • Parliament can amend any part of the Constitution but cannot alter its basic structure.
  • Right to property removed from the list of Fundamental Rights.
Minerva Mills v Union of India 1980
  • Reiterated the basic structure doctrine.
  • Emphasized the importance of balancing Fundamental Rights and Directive Principles.
  • Parliament can amend any part but not change the basic structure.
Indira Sawhney v Union of India (Mandal Case) 1992
  • Affirmed the validity of reservations in public employment based on social and economic backwardness.
  • Upheld the relevance of Directive Principles in shaping affirmative action policies.
Vishaka v State of Rajasthan 1997
  • Recognized the need to address sexual harassment at the workplace.
  • Emphasized the role of DPSP, particularly Article 42, in ensuring just and humane conditions of work.
Rajbala v State of Haryana 2015
  • Highlighted the importance of Directive Principles, specifically Article 45, in providing early childhood care and education for all children up to the age of six years.

Conclusion :

The Directive Principles of State Policy stand as a testament to India’s commitment to achieving social and economic justice. While not legally binding, their influence is evident in the laws and policies that strive to create a just, equitable, and welfare-oriented society. As India continues to evolve, the DPSP remains a foundational guide in shaping a brighter and more inclusive future.

Also Read- Article 32

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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