Overview
The Directive Principles of State Policy (DPSP) are contained in Part IV (Articles 36–51) of the Indian Constitution. Inspired by the Irish Constitution (which borrowed from the Spanish Constitution), DPSPs are guidelines for the state to follow while framing laws and policies.
Key Features
- Non-justiciable — cannot be enforced by courts (Article 37)
- Fundamental in governance — it is the duty of the state to apply these principles in making laws
- They represent the socio-economic goals of Indian democracy
- They complement Fundamental Rights — Rights provide political democracy, DPSPs aim for social and economic democracy
Article 37: "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."
Classification of DPSPs
The Constitution does not classify DPSPs. The following classification is based on the ideological basis and content of the directives:
Socialist Principles (Social & Economic Justice)
| Article | Provision |
|---|---|
| 38(1) | State shall promote welfare by securing social, economic, and political justice |
| 38(2) | State shall minimise inequality of income, status, facilities, and opportunities (added by 44th Amendment, 1978) |
| 39(a) | Right to adequate means of livelihood for all citizens |
| 39(b) | Ownership and control of material resources distributed for the common good |
| 39(c) | Operation of the economic system does not result in concentration of wealth |
| 39(d) | Equal pay for equal work for both men and women |
| 39A | Equal justice and free legal aid (added by 42nd Amendment, 1976) |
| 41 | Right to work, to education, and to public assistance in cases of unemployment, old age, sickness, disablement |
| 42 | Just and humane conditions of work and maternity relief |
| 43 | Living wage, decent standard of life, and full enjoyment of leisure for workers |
| 43A | Participation of workers in management of industries (added by 42nd Amendment, 1976) |
| 47 | Raise the level of nutrition and standard of living; improve public health; prohibition of intoxicating drinks and drugs injurious to health |
Gandhian Principles (Village Upliftment)
| Article | Provision |
|---|---|
| 40 | Organise village panchayats and endow them with powers for self-governance |
| 43 | Promote cottage industries on an individual or cooperative basis in rural areas |
| 43B | Promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies (added by 97th Amendment, 2011) |
| 46 | Promote educational and economic interests of SCs, STs, and weaker sections; protect them from social injustice and exploitation |
| 47 | Prohibition of consumption of intoxicating drinks and drugs injurious to health |
| 48 | Prohibit slaughter of cows, calves, and other milch and draught cattle; improve their breeds |
Liberal-Intellectual Principles
| Article | Provision |
|---|---|
| 44 | Uniform Civil Code (UCC) for all citizens throughout India |
| 45 | Early childhood care and education for all children until age 6 (amended by 86th Amendment, 2002 — original text was free and compulsory education for children up to 14, now moved to Article 21A as a Fundamental Right) |
| 48 | Organise agriculture and animal husbandry on modern and scientific lines |
| 48A | Protect and improve the environment, and safeguard forests and wildlife (added by 42nd Amendment, 1976) |
| 49 | Protect monuments, places, and objects of national importance from spoliation, disfigurement, destruction |
| 50 | Separation of judiciary from the executive in public services |
| 51 | Promote international peace and security; maintain just and honourable relations between nations; foster respect for international law and treaty obligations; encourage settlement of international disputes by arbitration |
DPSPs Added by Constitutional Amendments
| Amendment | Year | Article Added/Modified |
|---|---|---|
| 42nd Amendment | 1976 | Added Articles 39A (free legal aid), 43A (worker participation), 48A (environment protection) |
| 44th Amendment | 1978 | Added Article 38(2) (minimise inequalities) |
| 86th Amendment | 2002 | Modified Article 45 (changed to early childhood care for under-6) |
| 97th Amendment | 2011 | Added Article 43B (cooperative societies) |
DPSP vs. Fundamental Rights: The Conflict
This is one of the most frequently tested areas in UPSC.
Evolution Through Landmark Cases
| Case | Year | Ruling |
|---|---|---|
| Champakam Dorairajan v. State of Madras | 1951 | FRs prevail over DPSPs. Led to the 1st Amendment (added Article 15(4)) |
| Golaknath v. State of Punjab | 1967 | Parliament cannot amend Fundamental Rights |
| Kesavananda Bharati v. State of Kerala | 1973 | Parliament can amend FRs but not destroy the Basic Structure. DPSPs can be implemented if they don't violate the Basic Structure |
| Minerva Mills v. Union of India | 1980 | Harmony between FRs and DPSPs is the Basic Structure. Neither can override the other absolutely. Struck down Section 4 of the 42nd Amendment which gave primacy to DPSPs over FRs |
| Unni Krishnan v. State of AP | 1993 | Right to education (then a DPSP) is part of Right to Life (Article 21) — DPSPs can give content to FRs |
Current Position
- FRs and DPSPs are complementary, not conflicting
- Courts use DPSPs to interpret the scope of Fundamental Rights
- Parliament can curtail FRs to implement DPSPs, provided the Basic Structure is not violated
- Several DPSPs have been converted into FRs or laws (e.g., RTE, legal aid, environment protection)
DPSPs That Have Been Implemented
| DPSP | Implementation |
|---|---|
| Article 39A (Free legal aid) | Legal Services Authorities Act, 1987 |
| Article 40 (Panchayats) | 73rd Amendment, 1992 |
| Article 41 (Right to work) | MGNREGA, 2005 |
| Article 43B (Cooperatives) | 97th Amendment, 2011 |
| Article 45 (Education) | 86th Amendment, 2002 + RTE Act, 2009 |
| Article 46 (SC/ST welfare) | Various reservation laws, SC/ST (Prevention of Atrocities) Act |
| Article 47 (Prohibition) | Prohibition laws in Gujarat, Bihar, etc. |
| Article 48 (Cattle protection) | Various state laws on cow slaughter prohibition |
| Article 48A (Environment) | Environment Protection Act, 1986; Wildlife Protection Act, 1972; Forest Conservation Act, 1980 |
| Article 49 (Heritage protection) | Ancient Monuments Act, 1958 |
| Article 50 (Judicial separation) | Criminal Procedure Code, 1973 (separated judiciary from executive at lower levels) |
Fundamental Rights vs. DPSPs vs. Fundamental Duties: Quick Comparison
| Feature | Fundamental Rights (Part III) | DPSPs (Part IV) | Fundamental Duties (Part IVA) |
|---|---|---|---|
| Articles | 12–35 | 36–51 | 51A |
| Nature | Negative (restrict state action) + Positive | Positive (direct state action) | Obligations on citizens |
| Justiciable? | Yes | No | No |
| Source | US Bill of Rights | Irish Constitution | Soviet Constitution (added by 42nd Amendment) |
| Beneficiary | Individual citizens | Society as a whole | Nation |
| Amendable? | Yes (Basic Structure limit) | Yes | Yes |
Important for UPSC
Prelims Focus
- Article numbers for key DPSPs (39, 40, 44, 45, 48A, 50, 51)
- Which amendments added which DPSPs (42nd, 44th, 86th, 97th)
- Classification: Socialist vs. Gandhian vs. Liberal (frequent MCQ topic)
- DPSPs inspired by Irish Constitution
- Article 37 — non-justiciable but fundamental in governance
Mains GS-2 Dimensions
- "DPSPs are the conscience of the Constitution" — Discuss
- Is the Uniform Civil Code (Article 44) desirable in a diverse India?
- How have courts resolved the FR vs. DPSP conflict? (Minerva Mills is the key case)
- Implementation gap — which DPSPs remain unimplemented and why?
- Role of DPSPs in building a welfare state
Interview Angles
- "If you were a policymaker, which unimplemented DPSP would you prioritise?"
- "Can DPSPs be made justiciable? Should they be?"
- "Is the prohibition directive (Article 47) practical in modern India?"
Previous Year Questions (PYQs)
Prelims
Q. Which part of the Constitution of India declares the ideal of a Welfare State? (CSE Prelims 2020) (a) Directive Principles of State Policy (b) Fundamental Rights (c) Preamble (d) Seventh Schedule Answer: (a) — The DPSPs in Part IV embody the ideal of a welfare state, directing the state to promote the welfare of the people.
Q. Consider the following statements regarding the Directive Principles of State Policy: 1. The Principles spell out the socio-economic 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? (CSE Prelims 2015) (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (c) — DPSPs aim at socio-economic democracy, and Article 37 explicitly states they are non-justiciable (not enforceable by courts).
Q. In the Constitution of India, promotion of international peace and security is included in the: (CSE Prelims 2014) (a) Preamble to the Constitution (b) Directive Principles of State Policy (c) Fundamental Duties (d) Ninth Schedule Answer: (b) — Article 51 of the DPSPs directs the state to promote international peace and security, maintain honourable relations between nations, and foster respect for international law.
Q. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of: (CSE Prelims 2019) (a) Jawaharlal Nehru (b) Lal Bahadur Shastri (c) Indira Gandhi (d) Morarji Desai Answer: (a) — The Ninth Schedule was added by the 1st Amendment Act, 1951, during Nehru's prime ministership, to protect land reform laws from judicial review.
Mains
Q. The Directive Principles which are fundamental in the governance of the country cannot be isolated from the Fundamental Rights guaranteed. Examine. (CSE Mains 2019, GS Paper 2, 15 marks)
Q. "The equilibrium between Fundamental Rights and Directive Principles is an essential feature of the Basic Structure of the Constitution." Discuss in the light of the Minerva Mills case. (CSE Mains 2017, GS Paper 2, 15 marks)
Current Affairs Connect
Link these static concepts with live developments:
| Topic | Where to Follow | Why It Matters |
|---|---|---|
| Welfare scheme launches | Ujiyari — Polity News | Every new scheme (Ayushman, PMJDY, NFSA) implements a DPSP |
| Uniform Civil Code debates | Ujiyari — Editorials | Article 44 (UCC) is a perennial Mains + Interview topic |
| Labour code reforms | Ujiyari — Daily Updates | Article 39, 42, 43 — connect labour laws with DPSP objectives |
Exam tip: For every government welfare scheme, identify which DPSP it fulfils. Read Ujiyari daily coverage to find real-world examples that make your Mains answers analytical.
Sources: Constitution of India, National Portal