Directive Principles of State Policy (Articles 36–51)
The DPSPs are constitutional instructions to the State to establish a welfare state. Understand their classification, non-justiciability, and relationship with Fundamental Rights.
Key Takeaways
- DPSPs are contained in Part IV (Articles 36–51) and are borrowed from the Irish Constitution.
- They are non-justiciable (Article 37) but 'fundamental in the governance of the country'.
- Minerva Mills (1980): harmony and balance between Fundamental Rights and DPSPs is part of the basic structure.
The Directive Principles of State Policy (DPSP) are contained in Part IV (Articles 36–51). Borrowed from the Irish Constitution (which had copied it from Spain), they are ideals that the State should keep in mind while framing policies and laws — aiming to establish a welfare state.
Nature: Non-Justiciable
Article 37 states that the DPSPs are not enforceable by any court, yet they are "fundamental in the governance of the country" and it is the duty of the State to apply them in making laws. Dr. Ambedkar described them as "novel features" of the Constitution.
Classification of DPSPs
Though the Constitution does not classify them, scholars group the DPSPs into three categories:
| Category | Underlying Ideal | Key Articles |
|---|---|---|
| Socialist | Social and economic democracy; welfare state | 38, 39, 39A, 41, 42, 43, 43A, 47 |
| Gandhian | Reconstruction along Gandhian lines | 40, 43, 43B, 46, 47, 48 |
| Liberal-Intellectual | Liberal principles of governance | 44, 45, 48, 48A, 49, 50, 51 |
Notable Directives
- Article 39A — Equal justice and free legal aid.
- Article 40 — Organisation of village panchayats.
- Article 43 — Living wage and promotion of cottage industries.
- Article 44 — Uniform Civil Code for citizens.
- Article 45 — Early childhood care and education for children below six years.
- Article 48A — Protection and improvement of the environment.
- Article 50 — Separation of the judiciary from the executive.
- Article 51 — Promotion of international peace and security.
DPSPs Added by Amendments
The 42nd Amendment Act (1976) added:
- Article 39A — Equal justice and free legal aid.
- Article 43A — Participation of workers in management of industries.
- Article 48A — Protection of environment, forests and wildlife.
The 86th Amendment (2002) modified Article 45, and the 97th Amendment (2011) added Article 43B (promotion of co-operative societies).
Conflict with Fundamental Rights
The relationship between Fundamental Rights (justiciable) and DPSPs (non-justiciable) evolved through case law:
- Champakam Dorairajan case (1951): In case of conflict, Fundamental Rights prevail over DPSPs.
- 42nd Amendment (1976): Gave certain DPSPs (Article 39 b and c) primacy over Articles 14 and 19.
- Minerva Mills case (1980): The Supreme Court held that the Constitution is founded on the bedrock of the balance between Fundamental Rights and DPSPs — and this balance is part of the basic structure.
Prelims Pointers
- DPSPs are classified (by scholars, not the Constitution) into Socialist, Gandhian and Liberal-Intellectual.
- Article 44 — Uniform Civil Code; Article 40 — Village Panchayats; Article 50 — separation of judiciary from executive.
- 42nd Amendment (1976) added Articles 39A, 43A and 48A.
Mains Angle
- 'Directive Principles are the conscience of the Constitution.' Discuss.
- Analyse the evolving relationship between Fundamental Rights and DPSPs through case law.
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