Directive Principles of State Policy: UPSC SSC Explained

Introduction to DPSP

The Directive Principles of State Policy are enshrined in Part IV of the Constitution of India. They are listed from Article 36 to Article 51. These principles were borrowed from the Constitution of Ireland, which had itself adopted them from the Spanish Constitution. The DPSP aim to establish a 'welfare state' in India. They are not enforceable by any court, meaning a person cannot go to court if the government fails to implement them. However, Article 37 clearly states that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Dr. B.R. Ambedkar described the DPSP as a 'novel feature' of the Indian Constitution. They represent the ideals that the Union and State governments should keep in mind while formulating policies and enacting laws. Unlike Fundamental Rights, which are negative obligations on the state, DPSPs are positive obligations, guiding the state towards achieving certain socio-economic goals. They act as a moral compass for the government, ensuring that the spirit of the Constitution is upheld in policy-making.

Classification of DPSP

The Constitution does not formally classify the Directive Principles. However, for better understanding and systematic study, they are generally classified into three broad categories: Socialist Principles, Gandhian Principles, and Liberal-Intellectual Principles. This classification helps in understanding the diverse objectives that the DPSP seek to achieve. Each category reflects a different ideological stream that influenced the framers of the Constitution.

Socialist Principles aim to provide social and economic justice and set the path towards a welfare state. Examples include Article 38 (to secure a social order for the promotion of welfare of the people), Article 39 (equal pay for equal work, adequate means of livelihood), and Article 41 (right to work, education, public assistance). Gandhian Principles are based on the ideology of Mahatma Gandhi and represent his vision for India. These include Article 40 (organisation of village panchayats), Article 43 (promotion of cottage industries), and Article 46 (promotion of educational and economic interests of SCs, STs, and other weaker sections). Liberal-Intellectual Principles reflect the ideology of liberalism. Examples are Article 44 (uniform civil code), Article 48 (organisation of agriculture and animal husbandry), and Article 50 (separation of judiciary from executive).

Amendments and DPSP

Several Directive Principles have been added or modified through constitutional amendments over the years. These amendments reflect the evolving needs and priorities of the nation. The 42nd Amendment Act of 1976 was particularly significant in this regard. It added four new Directive Principles to the original list. These included Article 39A (to promote equal justice and provide free legal aid to the poor), Article 43A (participation of workers in the management of industries), and Article 48A (to protect and improve the environment and to safeguard forests and wildlife).

Later, the 44th Amendment Act of 1978 added Article 38(2), which directs the state to minimise inequalities in income, status, facilities, and opportunities. The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21A. It also inserted a new DPSP under Article 45, which obligates the state to provide early childhood care and education for all children until they complete the age of six years. The 97th Amendment Act of 2011 added Article 43B, which deals with the promotion of cooperative societies.

DPSP and Fundamental Rights

The relationship between Directive Principles of State Policy and Fundamental Rights has been a subject of debate and judicial interpretation. While Fundamental Rights are enforceable and justiciable, DPSP are non-justiciable. Initially, the Supreme Court held that Fundamental Rights would prevail over DPSP in case of a conflict. This was seen in cases like the Champakam Dorairajan case (1951).

However, the judiciary's stance evolved over time. In the Minerva Mills case (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and DPSP. It stated that both are complementary and together form the core of the Constitution. The Court emphasised that the goal is to harmonise them, not to create a hierarchy. The 25th Amendment Act of 1971 inserted Article 31C, which gave precedence to certain DPSP (Article 39(b) and 39(c)) over Fundamental Rights (Article 14, 19, and 31). This provision was later upheld by the Supreme Court in the Kesavananda Bharati case (1973), though with a caveat that judicial review of such laws cannot be excluded.

Important Keywords Explained

Welfare Stateconcept

A concept of government where the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life.

Champakam Dorairajan Case (1951)concept

A landmark Supreme Court case that dealt with the conflict between Fundamental Rights and Directive Principles. The Court ruled that Fundamental Rights would prevail over DPSP in case of any inconsistency, leading to the First Amendment Act.

Minerva Mills Case (1980)concept

Another pivotal Supreme Court judgment that re-evaluated the relationship between Fundamental Rights and DPSP. The Court held that the harmony and balance between the two are essential features of the basic structure of the Constitution.

Article 39Aact

Inserted by the 42nd Amendment Act, 1976, this DPSP directs the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Additional Facts & Context

• Article 38 directs the state to promote the welfare of the people by securing a social order.
• Article 45, before 86th Amendment, dealt with provision for free and compulsory education for all children up to 14 years.
• The 86th Amendment Act, 2002, made elementary education a Fundamental Right (Article 21A).
• Article 50 mandates the separation of the judiciary from the executive.
• Article 51 promotes international peace and security.