Directive Principles of State Policy
Subject: Polity | Unit: Fundamental Rights & Duties | Topic: Directive Principles of State Policy Exam: AP Group 2 (APPSC) Prerequisites: Fundamental Rights
Introduction
Directive Principles of State Policy (DPSPs) are guidelines to the Central and State Governments for establishing a just society. Enshrined in Part IV (Articles 36-51), they represent the social and economic democracy that the framers envisioned. While non-justiciable, they are fundamental in governance and constitute a charter for transforming India into a welfare state.
Historical Context / Constitutional Background
DPSPs were borrowed from the Irish Constitution, which in turn had borrowed them from the Spanish Constitution. Dr. Ambedkar called them a "novel feature" of the Indian Constitution. The framers intentionally made DPSPs non-justiciable because India, as a newly independent nation, lacked the resources to immediately implement all social and economic reforms. The DPSPs were meant to guide policy-making over time.
Core Content
Foundational Articles
| Article | Provision |
|---|---|
| 36 | Definition of "State" — same as Article 12 (Part III) |
| 37 | DPSPs are non-justiciable but fundamental in governance; State must apply them in making laws |
Classification of DPSPs
A. Socialistic Principles
| Article | Provision |
|---|---|
| 38(1) | Promote welfare through social, economic, political justice |
| 38(2) | Minimise inequalities of income, status, facilities (44th Amendment) |
| 39(a) | Adequate means of livelihood for all |
| 39(b) | Distribution of material resources for common good |
| 39(c) | Prevent concentration of wealth |
| 39(d) | Equal pay for equal work for men and women |
| 39(e) | Protect health and strength of workers and children |
| 39(f) | Protect children against exploitation |
| 39A | Equal justice and free legal aid (42nd Amendment) |
| 41 | Right to work, education, public assistance |
| 42 | Just and humane conditions of work; maternity relief |
| 43 | Living wage; promote cottage industries |
| 43A | Worker participation in management (42nd Amendment) |
| 43B | Promote cooperative societies (97th Amendment, 2011) |
| 46 | Promote educational/economic interests of SC/ST and weaker sections |
| 47 | Raise nutrition and standard of living; prohibit intoxicating drinks |
B. Gandhian Principles
| Article | Provision |
|---|---|
| 40 | Organise village panchayats as units of self-government |
| 43 | Promote cottage industries in rural areas |
| 46 | Promote welfare of weaker sections, SC/ST |
| 47 | Prohibit intoxicating drinks and drugs |
| 48 | Organise agriculture on modern lines; prohibit slaughter of cows, calves, and milch/draught cattle |
C. Liberal-Intellectual Principles
| Article | Provision |
|---|---|
| 44 | Uniform Civil Code for all citizens throughout India |
| 45 | Early childhood care and education for children below 6 years (modified by 86th Amendment) |
| 48A | Protect and improve environment; safeguard forests and wildlife (42nd Amendment) |
| 49 | Protect monuments, places of national importance |
| 50 | Separation of judiciary from executive |
| 51 | Promote international peace and security |
FR vs DPSP — The Great Debate
| Aspect | Fundamental Rights | DPSPs |
|---|---|---|
| Part | Part III | Part IV |
| Nature | Justiciable | Non-justiciable |
| Purpose | Political democracy | Social and economic democracy |
| Approach | Negative (restrict State) | Positive (direct State) |
| Court enforcement | Yes | No |
| Origin | USA | Ireland |
Key Cases on FR-DPSP Conflict
| Case | Year | Ruling |
|---|---|---|
| State of Madras v. Champakam Dorairajan | 1951 | FR prevails over DPSP |
| Golaknath v. State of Punjab | 1967 | FR cannot be amended (later reversed) |
| Kesavananda Bharati | 1973 | Both FR and DPSP important; neither can destroy basic structure |
| Minerva Mills v. Union of India | 1980 | Harmony between FR and DPSP is basic feature; neither can have absolute supremacy |
Key Amendments on FR-DPSP Relationship
- 25th Amendment (1971): Inserted Article 31C — laws giving effect to Art 39(b) and 39(c) cannot be challenged under Art 14 and 19
- 42nd Amendment (1976): Extended Art 31C to cover ALL DPSPs — struck down by Minerva Mills (1980)
- Current position: Art 31C protects ONLY laws implementing Art 39(b) and 39(c)
DPSPs Implemented Through Legislation
| DPSP Article | Legislation |
|---|---|
| Art 39A | Legal Services Authorities Act, 1987 |
| Art 40 | 73rd Amendment (Panchayati Raj), 1992 |
| Art 41 | MGNREGA, 2005 |
| Art 43 | Khadi and Village Industries Commission |
| Art 44 | Uniform Civil Code (partially — in Goa only) |
| Art 45 | Right to Education Act, 2009 (via Art 21A) |
| Art 46 | SC/ST Prevention of Atrocities Act, 1989 |
| Art 47 | Various prohibition laws in states |
| Art 48 | Anti-cow slaughter laws in many states |
| Art 48A | Wildlife Protection Act, 1972; Environment Protection Act, 1986 |
| Art 50 | Criminal Procedure Code, 1973 (separation of judiciary) |
Key Articles Table
| Article | Subject | Key Provision |
|---|---|---|
| Art 36 | Definition | Same as Art 12 |
| Art 37 | Non-justiciability | Fundamental in governance but not enforceable |
| Art 38 | Welfare state | Social, economic, political justice |
| Art 39(b)(c) | Common good | Distribution of resources; prevent wealth concentration |
| Art 39A | Free legal aid | Equal justice (42nd Amendment) |
| Art 40 | Panchayats | Village self-government |
| Art 44 | Uniform Civil Code | Common code for all citizens |
| Art 48 | Cow protection | Prohibit slaughter |
| Art 48A | Environment | Protect forests and wildlife (42nd Amendment) |
| Art 50 | Separation of judiciary | From executive |
| Art 51 | International peace | Promote peace and security |
Andhra Pradesh Connection
- AP has implemented prohibition (Art 47) at various times — state-level policy
- Village Panchayats (Art 40) extensively implemented in AP through AP Panchayat Raj Act
- AP has a separate Prohibition and Excise Department
- Article 46 (SC/ST welfare) directly relevant — AP has significant SC/ST population
- AP's environmental protection concerns relate to Art 48A — Eastern Ghats, Godavari, Krishna river basins
Key Points Summary
- DPSPs: Part IV, Articles 36-51
- Borrowed from the Irish Constitution
- Non-justiciable (Art 37) but fundamental in governance
- Aim to establish a welfare state
- Three categories: Socialistic, Gandhian, Liberal-Intellectual
- Art 44 (Uniform Civil Code) — most controversial, yet to be implemented nationally
- Art 40 (Panchayats) → implemented by 73rd Amendment
- Art 45 (Education) → implemented by 86th Amendment (Art 21A)
- Minerva Mills (1980): Harmony between FR and DPSP is a basic feature
- Art 31C: Protects laws implementing Art 39(b) and 39(c) only
- Art 39A (Free legal aid) and Art 48A (Environment) added by 42nd Amendment
- Art 43B (Cooperatives) added by 97th Amendment (2011)
- DPSPs complement FRs — FRs are political democracy, DPSPs are social/economic democracy
- DPSPs direct the State; FRs restrict the State
- Champakam Dorairajan (1951): FR prevails; Minerva Mills (1980): Harmony is key
Exam Strategy
| Question Pattern | Expected Focus | Frequency |
|---|---|---|
| "DPSPs borrowed from" | Irish Constitution | Very High |
| "DPSPs are justiciable?" | No — non-justiciable (Art 37) | Very High |
| "Harmony FR-DPSP is basic feature" | Minerva Mills (1980) | High |
| "Classify articles as Socialistic/Gandhian/Liberal" | Know classification | High |
| "Art 44 deals with" | Uniform Civil Code | High |
| "Free legal aid — which article" | Art 39A (42nd Amendment) | Medium |
| "Art 40 implemented by" | 73rd Amendment (Panchayats) | High |
| "Art 31C protects which articles" | Art 39(b) and 39(c) only | Medium |
| "Which DPSP implemented by legislation" | Match article to Act | High |
| "FR vs DPSP — which prevails" | Harmony; neither absolute (Minerva Mills) | High |
Key Terms Glossary
| English | Telugu | Definition |
|---|---|---|
| Directive Principles | ఆదేశిక సూత్రాలు | Guidelines to State for policy-making |
| State Policy | రాజ్య విధానం | Government approach to governance |
| Welfare State | సంక్షేమ రాజ్యం | State that provides for citizens' well-being |
| Non-justiciable | న్యాయస్థానంలో అమలు చేయలేని | Cannot be enforced through courts |
| Uniform Civil Code | ఉమ్మడి పౌర స్మృతి | Single set of personal laws for all citizens |
| Free Legal Aid | ఉచిత న్యాయ సహాయం | Government-funded legal assistance |
| Panchayat | పంచాయతీ | Village-level self-governance body |
| Equal Pay | సమాన వేతనం | Same wages for same work regardless of gender |
| Environment | పర్యావరణం | Natural surroundings and ecological systems |
| Cottage Industries | కుటీర పరిశ్రమలు | Small-scale industries in rural areas |
| Separation of Powers | అధికారాల విభజన | Independence of judiciary from executive |
| Intoxicating Drinks | మత్తు పానీయాలు | Alcoholic beverages and drugs |
| Socialistic Principles | సామ్యవాద సూత్రాలు | Articles promoting economic equality |
| Gandhian Principles | గాంధీయ సూత్రాలు | Articles reflecting Gandhi's ideals |
| Liberal Principles | ఉదారవాద సూత్రాలు | Articles promoting modern governance |