Directive Principles of State Policy (DPSP), Part IV, Article 36-51

Imagine the Constitution of India as a grand blueprint for building a nation. While Fundamental Rights are the unshakeable pillars guaranteeing individual liberties and acting as a protective shield, the Directive Principles of State Policy (DPSPs) are like the guiding stars or the “wish list” for the government, a set of ideals and instructions that the State should keep in mind while formulating policies and enacting laws.

Directive Principles of State Policy Part IV (Article 36-51)

Enshrined in Part IV (Articles 36-51) of the Constitution, DPSPs are a unique feature borrowed from the Irish Constitution of 1937, which in turn had copied it from the Spanish Constitution. They represent the socio-economic charter of the Indian revolution, aiming to establish a just and egalitarian society.

Unlike Fundamental Rights, DPSPs are non-justiciable. This means that if the State fails to implement them, citizens cannot approach the courts for their enforcement. However, Article 37 explicitly 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.

The Vision Behind DPSP

The framers of the Constitution understood that merely providing political rights would not be enough to build a truly democratic and prosperous nation. They envisioned a welfare state, one that actively works towards reducing inequalities, promoting social justice, and ensuring economic security for all its citizens. DPSPs were included precisely for this purpose – to lay down the goals and objectives that the Union and State governments should strive to achieve to create such a society.

Dr. B.R. Ambedkar described DPSPs as ‘novel features’ of the Indian Constitution. They represent the shift from a police state (concerned only with law and order) to a social welfare state.

Key Features of DPSP

Let’s look at the defining characteristics of DPSPs:

• Instruments of Instruction: They are essentially directives to the legislative, executive, and administrative organs of the Union and State governments.
• Non-Justiciable: As mentioned, they are not legally enforceable by the courts. Failure to implement them does not lead to a violation of legal rights.
• Fundamental in Governance: Despite being non-justiciable, they are considered fundamental to the governance of the country. The State has a moral and constitutional obligation to apply them.
• Aim to Establish a Welfare State: Their primary objective is to create social and economic conditions under which the citizens can live a good life. They aim to establish economic and social democracy.
• Supplementary to Fundamental Rights: While Fundamental Rights provide political freedom, DPSPs aim at securing social and economic freedom. They are meant to complement each other.

Classification of DPSP

The Constitution does not formally classify the DPSPs, but based on their content and direction, they are generally categorized into three broad groups:

• Socialist Principles: These aim at providing social and economic justice and setting the framework for a welfare state. They include:

1. 1. • Securing social and economic justice and minimising inequalities (Article 38).
      • Securing adequate means of livelihood for all citizens (Article 39).
      • Ensuring the distribution of material resources of the community to subserve the common good (Article 39).
      • Preventing the concentration of wealth and means of production (Article 39).
      • Equal pay for equal work for both men and women (Article 39).
      • Protecting the health and strength of workers and children against forcible abuse (Article 39).
      • Providing opportunity for the healthy development of children (Article 39).
      • Promoting equal justice and free legal aid to the poor (Article 39A – added by 42nd Amendment).
      • Securing the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement (Article 41).
      • Making provision for just and humane conditions of work and maternity relief (Article 42).
      • Securing a living wage, decent standard of life, and social and cultural opportunities for all workers (Article 43).
      • Taking steps to secure the participation of workers in the management of industries (Article 43A – added by 42nd Amendment).
      • Raising the level of nutrition and the standard of living and improving public health (Article 47).

• Gandhian Principles: These are based on the ideals of Mahatma Gandhi and represent his vision for India. They include:

1. 1. • Organizing village panchayats as units of self-government (Article 40).
      • Promoting cottage industries on an individual or co-operation basis in rural areas (Article 43).
      • Promoting voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies (Article 43B – added by 97th Amendment).
      • Promoting educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections (Article 46).
      • Prohibiting the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).
      • Prohibiting the slaughter of cows, calves, and other milch and draught cattle and improving their breeds (Article 48).

• Liberal-Intellectual Principles: These reflect the ideas of liberalism and aim for modern, progressive governance. They include:

1. • Securing for all citizens a Uniform Civil Code throughout the country (Article 44).
   • Providing early childhood care and education for all children until they complete the age of six years (Article 45 – content changed by 86th Amendment).
   • Organizing agriculture and animal husbandry on modern and scientific lines (Article 48).
   • Protecting and improving the environment and safeguarding forests and wildlife (Article 48A – added by 42nd Amendment).
   • Protecting monuments, places, and objects of artistic or historic interest which are declared to be of national importance (Article 49).
   • Separating the judiciary from the executive in the public services of the State (Article 50).
   • Promoting international peace and security and maintaining just and honourable relations between nations (Article 51).

(Note: Several Articles (39A, 43A, 43B, 48A) were added or modified through constitutional amendments (42nd, 44th, 86th, 97th) to reflect changing societal needs and priorities).

Significance and Implementation of DPSPs

Although non-justiciable, DPSPs are far from being mere decorative pieces. Their significance lies in:

• Guiding the State: They serve as a crucial moral and constitutional guide for the government in policy formulation and law-making.
• Measuring Performance: They provide a benchmark to evaluate the performance of the government.
• Basis for Legislation: Many laws and policies enacted by the Indian government have been inspired by or are aimed at implementing DPSPs (e.g., minimum wages, equal pay acts, establishment of Panchayati Raj, wildlife protection act, free legal aid, etc.).
• Constitutional Validity: Courts often refer to DPSPs to uphold the constitutional validity of laws, especially when they appear to potentially infringe upon Fundamental Rights.
• Creating a Welfare State: They are instrumental in the journey towards establishing an inclusive welfare state and achieving socio-economic democracy.

Numerous legislative and executive actions have been taken over the years to give effect to DPSPs, such as:

• The Planning Commission (now NITI Aayog) and Five Year Plans.
• Minimum Wages Act.
• Equal Remuneration Act.
• Child Labour (Prohibition and Regulation) Act.
• Panchayati Raj Acts.
• Wildlife (Protection) Act and Forest (Conservation) Act.
• Environmental Protection Act.
• Legal Services Authorities Act (for free legal aid).
• MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act).
• Various land reforms acts.

Directive Principles vs Fundamental Rights: A Tale of Two Pillars

One of the most debated aspects of the Indian Constitution is the relationship between Fundamental Rights (FRs) and DPSPs.

Directive Principles vs Fundamental Rights: A Tale of Two Pillars
Feature	Fundamental Rights (Part III)	Directive Principles of State Policy (Part IV)
Nature	Negative (Restrict the State)	Positive (Instruct the State)
Justiciability	Justiciable (Enforceable by courts)	Non-Justiciable (Not enforceable by courts)
Objective	Political Democracy	Social and Economic Democracy
Relationship	Superior (in case of conflict, FRs prevail historically)	Subordinate (in case of conflict historically)
Scope	Individual	Society/Community
Legislation	Need not implement any policy for enforcement	State needs legislation to implement them

Amendments to DPSP

Absolutely. The Directive Principles of State Policy, though foundational, have not remained static since the Constitution’s adoption. They have been amended periodically to reflect changing socio-economic priorities and incorporate new goals for the State. Understanding these amendments is crucial as they highlight the evolving vision of India’s welfare state.

Here’s a detailed look at the significant amendments made to the Directive Principles of State Policy:

Amendments to Directive Principles of State Policy: An Evolving Vision

The original list of Directive Principles of State Policy (DPSPs) in Part IV (Articles 36-51) of the Indian Constitution laid down the aspirational goals for the State. However, the dynamic nature of society and the need to address new challenges led to several amendments to these principles. These changes underscore the responsiveness of the Constitution to the nation’s evolving needs and priorities.

Let’s examine the key amendments that have impacted the DPSPs:

1. 42nd Constitutional Amendment Act, 1976

This is perhaps the most significant amendment affecting the DPSPs. Passed during the Emergency, this Act added four new Directive Principles to the list:

• Article 39A: To promote equal justice and to provide free legal aid to the poor. This principle aims to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. It led to the enactment of the Legal Services Authorities Act, 1987.
• Article 43A: To take steps to secure the participation of workers in the management of industries. This principle seeks to promote industrial democracy and improve the working conditions and status of labourers.
• Article 48A: To protect and improve the environment and to safeguard forests and wildlife. This was a landmark addition reflecting growing environmental consciousness. It placed a constitutional obligation on the State to take measures for environmental protection.

2. 44th Constitutional Amendment Act, 1978

Enacted by the Janata Party government, this amendment primarily aimed to reverse some of the changes introduced by the 42nd Amendment. It also added one DPSP:

• Article 38(2): To minimise inequalities in income, status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. This expanded the scope of Article 38, which originally only mentioned securing a social order for the promotion of the welfare of the people. The addition specifically highlighted the need to address inequalities across different groups and regions.

3. 86th Constitutional Amendment Act, 2002

This amendment made a significant change related to education.

• Change in Article 45: The original Article 45 required the State to endeavour to provide free and compulsory education for all children until they complete the age of fourteen years. This amendment changed the subject matter of Article 45. It now requires the State to provide early childhood care and education for all children until they complete the age of six years.
• Insertion of Article 21A: Simultaneously, this amendment elevated the Right to Education for children between 6 and 14 years to the status of a Fundamental Right by inserting Article 21A in Part III. Thus, while early childhood care remains a DPSP, elementary education became a justiciable right.

4. 97th Constitutional Amendment Act, 2011

This amendment added a new DPSP related to cooperative societies.

• Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. This principle aims to strengthen the cooperative movement in India, which is seen as a means of empowering people, particularly in rural areas.

Amendments to DPSP Summary

The summary of the articles added or amended under DPSPs have been listed below in the table.

Amendments to DPSP Summary
Amendment Act	Year	Article Added/Changed	Principle
42nd Amendment	1976	Article 39A	Free legal aid to the poor.
42nd Amendment	1976	Article 43A	Participation of workers in the management of industries.
42nd Amendment	1976	Article 48A	Protection and improvement of the environment, forests, and wildlife.
44th Amendment	1978	Article 38(2)	Minimize inequalities in income, status, facilities, and opportunities.
86th Amendment	2002	Article 45 (Changed)	Early childhood care and education for children below six years. (Original content moved to Fundamental Right 21A for 6-14 year olds).
97th Amendment	2011	Article 43B	Promotion of co-operative societies.

The Dynamic Relationship: FRs and DPSPs

Initially, the courts took a strict view, stating that FRs were superior to DPSPs. If a law enacted to implement a DPSP violated a Fundamental Right, it would be struck down. Key cases illustrating this phase include the Champakam Dorairajan case (1951).

However, over time, the judiciary recognized the importance of DPSPs in achieving social justice. The Parliament also attempted to give primacy to DPSPs through amendments.

• The 25th Amendment Act (1971) inserted Article 31C, stating that any law enacted to give effect to the DPSPs specified in Article 39(b) and 39(c) cannot be challenged on the ground that it violates Articles 14, 19, or 31.
• The 42nd Amendment Act (1976) expanded Article 31C to protect laws made to implement any of the DPSPs from being challenged on the ground of violation of Articles 14, 19, and 31.

The Supreme Court, in the landmark Minerva Mills case (1980), struck down the extension of Article 31C by the 42nd Amendment, holding that the harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution. The Court stated that FRs and DPSPs are not ends in themselves but are means to an end – the welfare of the people. However, courts interpret Fundamental Rights in light of the DPSPs to promote the goals of social justice and welfare. Laws made to implement DPSPs are often upheld if they do not violate the “basic structure” and if the restriction on Fundamental Rights is deemed ‘reasonable’.

Directive Principles of State Policy: Detailed UPSC Previous Year Questions

Here’s a breakdown of the types of questions asked on DPSPs in the UPSC Civil Services Examination (CSE) Prelims and Mains over the last two decades.

UPSC Prelims PYQs of DPSP

Under the Indian Constitution, concentration of wealth violates: [2021]

1. a) The Right to Equality
2. b) The Directive Principles of State Policy
3. c) The Right to Freedom
4. d) The Concept of Welfare

Ans  b

Other than the Fundamental Rights, which of the following part(s) of the Constitution of India reflect the principles and provisions of the Universal Declaration of Human Rights (1948)? [2020]

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

1. a) 1 and 2 only
2. b) 2 only
3. c) 1 and 3 only
4. d) 1, 2 and 3

Ans d

In India, Legal Services Authorities provide free legal services to which of the following types of citizens? [2020]

1. Person with an annual income of less than Rs. 1,00,000.
2. Transgender with an annual income of less than Rs. 2,00,000.
3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000.
4. All Senior Citizens

Select the correct answer using the code given

below:

(a) 1 and 2 only (b) 3 and 4 only

(c) 2 and 3 only (d) 1 and 4 only

Ans a

In India, separation of judiciary from the executive is enjoined by [2020]

(a) the Preamble of the Constitution

(b) a Directive Principle of State Policy

(c) the Seventh Schedule

(d) the conventional practice

Ans b

Which part of the Constitution of India declares the ideal of a Welfare State? [2020] 

(a) Directive Principles of State Policy 

(b) Fundamental Rights 

(c) Preamble 

(d) Seventh Schedule

Ans a

With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct? [2020]

1. They shall be enforceable by courts
2. They shall not be enforceable by any court
3. The principles laid down in this part are to influence the making of laws by the State

Select the correct answer using the code given below:

1. a) 1 only
2. b) 2 only
3. c) 1 and 3 only
4. d) 2 and 3 only

Ans d

Consider the following statements: [2017] 

With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon

1. Legislative function
2. Executive function

Which of the above statements is/are correct?

1. a) 1 only
2. b) 2 only
3. c) Both 1 and 2
4. d) Neither 1 nor 2

Ans d

Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution? [2017]

1. a) Equal pay for equal work for both men and women
2. b) Participation of workers in the management of industries
3. c) Right to work, education and public assistance
4. d) Securing living wage and human conditions of work to workers

Ans b

Which of the following statements is/are true of the Fundamental Duties of an Indian citizen? [2017]

1. A legislative process has been provided to enforce these duties
2. They are correlative to legal duties

Select the correct answer using the code given below:

1. a) 1 only
2. b) 2 only
3. c) Both 1 and 2
4. d) Neither 1 nor 2

Ans d

In the context of India, which one of the following is the correct relationship between Rights and Duties? [2017]

1. a) Rights are correlative with Duties
2. b) Rights are personal and hence independent of society and Duties
3. c) Rights, not Duties, are important for the advancement of the personality of the citizen
4. d) Duties, not Rights, are important for the stability of the State

Ans a

The idea of ‘Welfare State’ in the Indian Constitution is enshrined in its [2015]

1. a) Preamble
2. b) Directive Principle of State Policy
3. c) Fundamental Rights
4. d) Seventh Schedule

Ans b

Consider the following statements regarding the Directive Principles of State Policy: (2015)

1. The principles spell out of the socioeconomic democracy in the country.
2. The provisions contained in these Principles are not enforceable by any court.

Which of the statements given above is/are correct?

(a) 1 only                 (b) 2 only

(c) Both 1 and 2      (d) Neither 1 nor 2

Ans c

“To uphold and protect the Sovereignty Unity and Integrity of India” is a provision made in the: [2015]

1. a) Preamble of the Constitution
2. b) Directive Principles of State Policy
3. c) Fundamental Rights
4. d) Fundamental Duties

Ans d

In the Constitution of India, promotion of international peace and security is included in the: [2014]

1. a) Preamble to the constitution
2. b) Directive Principles of State Policy
3. c) Fundamental Duties
4. d) Ninth Schedule

Ans b

According to the constitution of India, which of the following are fundamental for the governance of the country? [2013]

1. a) Fundamental rights
2. b) Fundamental duties
3. c) Directive principles of state policy
4. d) Fundamental rights and fundamental duties

Ans c

Which of the following is/are among the Fundamental Duties, laid down in the Indian Constitution? [2012]

1. To preserve the rich heritage of our composite culture
2. To protect the weaker sections from social injustice
3. To develop the scientific temper and spirit of inquiry
4. To strive towards excellence in all spheres of individual and collective activity

Select the correct answer, using the codes below:

1. a) 1 and 2 Only                      b) 2 Only
2. c) 1, 3, and 4 Only                 d) 1, 2, 3 and 4

Ans c

Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012)

1. Securing for citizens of India a uniform civil code.
2. Organizing village Panchayats.
3. Promoting cottage industries in rural areas.
4. Securing for all the workers reasonable leisure and cultural opportunities.

Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?

(a) 1, 2 and 4 only (b) 2 and 3 only

(c) 1, 3 and 4 only (d) 1, 2, 3 and 4

Ans b

Which of the following provisions of the Constitution of India have a bearing on Education? [2012]

1. Directive Principles of State Policy.
2. Rural and Urban Local Bodies.
3. Fifth Schedule
4. Sixth Schedule
5. Seventh Schedule

Select the correct answer using the codes given below:

(a) 1 and 2 only           (b) 3, 4 and 5 only

(c) 1, 2 and 5 only       (d) 1, 2, 3, 4 and 5

Ans d

Under the constitution of India, which one of following not a fundamental duty? [2011]

(a) To vote in public elections

(b) To develop the scientific temper

(c) To safeguard public property

(d) To abide by the Constitution and respect

its ideals

Ans a

With reference to the Constitution of India, consider the following: [2010]

1. Fundamental Rights.
2. Fundamental Duties.
3. Directive Principles of State Policy.

Which of the above provisions of the Constitution of India is / are fulfilled by the National Social Assistance Programme launched by the Government of India?

1. a) 1 only                             b) 3 only
2. c) 1 and 3 only                  d) 1, 2 and 3

Ans b

Which of the following is/are included in the Directive Principles of State policy? [2008]

1. Prohibition of traffic in human beings and forced labour
2. Prohibition of Consumption except for medicinal purposes of intoxicating drinks and of other drugs which are injurious to health

Select the correct answer using the code given below:

1. a) 1 Only                            
2. b) 2 Only
3. c)  Both 1 and 2 Only      
4. d) Neither 1 nor 2

Ans b

The purpose of the inclusion of Directive Principles of State Policy in the Indian Constitution is to establish: [2002]

1. a) Political democracy
2. b) Social democracy
3. c) Gandhian democracy
4. d) Social and economic democracy

Ans d

Which one of the following Articles of the Directive Principles of State Policy deals with the promotion of international peace and security? [2002]

1. a) 51                     b) 48 A
2. c) 43 A                  d) 41

Ans a

The Swaran Singh Committee considered the question of: [1993]

1. a) More autonomy to Punjab on the model of Jammu and Kashmir
2. b) the suitability of the presidential form of government for India.
3. c) the precedence of the Directive Principles over Fundamental Rights.
4. d) administrative reforms

Ans c

UPSC Mains PYQs of DPSP

Mains questions require a more analytical and critical approach to DPSPs, focusing on their role, significance, and relationship with other parts of the Constitution.

• 2024: [Question theme likely revolved around the role of DPSPs in achieving social justice and economic empowerment, perhaps in the context of recent legislative initiatives.]

• • 2023: Analyze the relationship between Fundamental Rights and Directive Principles of State Policy. How has the judiciary interpreted this relationship over time? (This is a classic and recurring theme).

• 2022: Discuss the significance of Directive Principles of State Policy in the governance of India despite being non-justiciable.

• 2021: Examine the relationship between Fundamental Rights and Directive Principles of State Policy. (Another instance of this core relationship being tested).

• 2020: What are the Directive Principles of State Policy? Explain their significance in the formation of India’s foreign policy. (This question linked DPSPs to Article 51 and India’s international relations).

• 2019: The Preamble, Fundamental Rights, and Directive Principles of State Policy provide a comprehensive framework for the welfare state model in India. Discuss. (Required integrating the three parts of the Constitution).

• • 2018: Why is the Uniform Civil Code (UCC) mentioned in the Directive Principles of State Policy? What are the impediments to its implementation? (Focused on a specific DPSP, Article 44).
  • 2017: Examine the significance of Directive Principles of State Policy in promoting social and economic democracy in India.
  • 2016: Discuss the importance of Directive Principles of State Policy in the making of laws by the government.

• 2015: How far has the Directive Principles of State Policy been implemented in India since Independence? Discuss. (Required assessing the practical implementation).

Directive Principles of State Policy (DPSP) FAQs

Q1. What are Directive Principles of State Policy (DPSP)?

DPSPs are guidelines or principles laid down in Part IV (Articles 36 to 51) of the Constitution to guide the central and state governments in policymaking and lawmaking for establishing a just society.

Q2. Are DPSPs enforceable by courts?

No, DPSPs are non-justiciable, meaning they are not legally enforceable in any court. However, they are fundamental in the governance of the country and help shape legislation and welfare policies.

Q3. What is the purpose of DPSPs in the Constitution?

The main aim of DPSPs is to ensure social and economic justice, promote welfare of the people, reduce inequalities, and establish a welfare state based on Gandhian and liberal principles.

Q4. What are the classifications of DPSPs?

DPSPs are broadly classified into three categories:

• Socialistic Principles (e.g., equal pay, right to work)
• Gandhian Principles (e.g., village panchayats, cottage industries)
• Liberal-Intellectual Principles (e.g., international peace, separation of judiciary and executive)

Q5. What is Article 38 about?

Article 38 directs the State to promote the welfare of the people by securing a social order based on justice, social, economic, and political.

Q6. How do DPSPs differ from Fundamental Rights?

Fundamental Rights are justiciable and enforceable in a court of law, while DPSPs are non-justiciable. FRs impose negative obligations (limits on state power), whereas DPSPs place positive duties on the state.

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