DIRECTIVE PRINCIPLES OF STATE POLICY
INTRODUCTION
The Concept of DPSP is not an indigenous one. Our Constitution makers borrowed this
concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV
of the Constitution of India deals with Directive Principles of State Policies. To understand
the meaning of the directive principle of state policy, we need to understand the meaning of
each word i.e. Directive + principle + state + policy which suggests that these are the
principles that direct the state when it makes policies for its people. These DPSPs act as a
guideline for the state and are needed to be taken into consideration while coming up with
any new law but a citizen cannot compel the state to follow DPSPs.
The Sapru Committee in 1945 suggested two categories of individual rights. One being
justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are
the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State
Policy.
DPSP are ideals that are meant to be kept in mind by the state when it formulates policies and
enacts laws. There are various definitions to Directive Principles of State which are given
below:
They are an ‘instrument of instructions’ which are enumerated in the Government of
India Act, 1935.
They seek to establish economic and social democracy in the country.
DPSPs are ideals which are not legally enforceable by the courts for their violation.
ARTICLES 36-51
Defines State as same as Article 12 unless the context otherwise
Article 36
defines.
Article 37 Application of the Principles contained in this part.
It authorizes the state to secure a social order for the promotion of the
Article 38
welfare of people.
Article 39 Certain principles of policies to be followed by the state.
Article 39A Equal justice and free legal aid.
Article 40 Organization of village panchayats.
Article 41 Right to work, to education and to public assistance in certain cases.
Provision for just and humane conditions of work and maternity
Article 42
leaves.
Article 43 Living wage etc. for workers.
Article 43-
Participation of workers in management of industries.
A
Article 43-
Promotion of cooperative societies.
B
Article 44 Uniform civil code for the citizens.
Provision for early childhood care and education to children below the
Article 45
age of six years.
Promotion of education and economic interests of SC, ST, and other
Article 46
weaker sections.
Duty of the state to raise the level of nutrition and the standard of
Article 47
living and to improve public health.
Article 48 Organization of agriculture and animal husbandry.
Article 48- Protection and improvement of environment and safeguarding of
A forests and wildlife.
Protection of monuments and places and objects of national
Article 49
importance.
Article 50 Separation of judiciary from the executive.
Article 51 Promotion of international peace and security.
ENFORCEMENT
“The provisions contained in this Part shall not be enforceable by any court, but the
principles therein laid down are nevertheless fundamental in the governance of the country
and it shall be the duty of the State to apply these principles in making laws.”
AMENDMENTS
1.42nd Constitutional Amendment, 1976: It introduced certain changes in the part IV of
the Constitution by adding new directives:
Article 39A: To provide free legal aid to the poor.
Article 43A: Participation of workers in the management of Industries.K1M
Article 48A: To protect and improve the environment.
2.44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which declares
that; “The State in particular shall strive to minimise economic inequalities in income and
eliminate inequalities in status, facilities and opportunities not amongst individuals but also
amongst groups”.
It also eliminated the Right to Property from the list of Fundamental Rights.
86th Amendment Act of 2002: It changed the subject-matter of Article 45 and made
elementary education a fundamental right under Article 21 A.
CONFLICTS IN FR AND DPSP-
Champakam Dorairajan v the State of Madras (1951):
In this case, the Supreme Court ruled that in case of any conflict between the Fundamental
Rights and the Directive Principles, the former would prevail.
It declared that the Directive Principles have to conform to and run as subsidiary to the
Fundamental Rights.
It also held that the Fundamental Rights could be amended by the Parliament by enacting
constitutional amendment acts.
Golaknath v the State of Punjab (1967):
In this case, the Supreme Court declared that Fundamental Rights could not be amended
by the Parliament even for implementation of Directive Principles.
It was contradictory to its own judgement in the ‘Shankari Parsad case’.
Kesavananda Bharati v the State of Kerala (1973):
In this case, the Supreme Court overruled its Golak Nath (1967) verdict and declared that
Parliament can amend any part of the Constitution but it cannot alter its “Basic Structure”.
Thus, the Right to Property (Article 31) was eliminated from the list of Fundamental
Rights.
Minerva Mills v the Union of India (1980):
In this case, the Supreme Court reiterated that Parliament can amend any part of the
Constitution but it cannot change the “Basic Structure” of the Constitution.
EXAMPLES OF IMPLICATIONS OF DPSP
1.Land Reforms: Almost all the states have passed land reform laws to bring changes in the
agrarian society and to improve the conditions of the rural masses. These measures include:
Abolition of intermediaries like zamindars, jagirdars, inamdars, etc
Tenancy reforms like security of tenure, fair rents, etc
Imposition of ceilings on land holdings
Distribution of surplus land among the landless labourers
2.Panchayati Raj System: Through 73rd Constitutional Amendment Act, 1992,
government fulfilled constitutional obligation stated in Article 40.
Three tier ‘Panchayati Raj System’ was introduced at the Village, Block and
District level in almost all parts of the country.
3. Education: Government has implemented provisions related to free and compulsory
education as provided in Article 45.
Introduced by the 86th Constitutional Amendment and subsequently passed the Rights to
Education Act 2009, Elementary Education has been accepted as Fundamental Right of
each child between the 6 to 14 years of age.
4. Environment: The Wildlife (Protection) Act, 1972, the Forest (Conservation) Act,
1980 and the Environment (Protection) Act, 1986 have been enacted to safeguard the
wildlife and the forests respectively.
The Water and Air Pollution Control Acts have provided for the establishment of
the Central Pollution Control Board.
5.Heritage Preservation: The Ancient and Historical Monument and Archaeological Sites
and Remains Act (1958) has been enacted to protect the monuments, places and objects of
national importance.
CRITICISM-
As a point of debate, the following reasons are stated for the criticism of Directive Principles
of State Policy:
1. It has no legal force
2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state
