Directive Principles of State Policy

The source of the concept of Directive Principles of State Policy (DPSP) is the Spanish Constitution from which it came in the Irish Constitution.  Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy.

• These principles aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State.
• Article 37 of the Indian Constitution States about the application of the Directive Principles.
• In case when states decides the policies these DPSP gives the directions on which policies can be based on.
• These only gives direction, it is not compulsory to with them.

Articles on Socialistic Principles	Articles on Gandhian Principles	Articles on Liberal-Intellectual Principles
38, 39,39A, 41, 42, 43, 43A, 47	40, 43, 43B, 46, 47, 48	44, 45, 48, 48A, 49, 50, 51

Articles mentioned in DPSP

Article 36 – Defines the state.

Article 37 – Part-4 (DPSP) of the Indian Constitution shall not be enforced in any court of law.

Article 38 – Social, Political and Economic Justice.

Article 39 – Principles of Policy.

Article 39A – Free Legal aid.

Article 40 – Organization of Panchayats.

Article 41 –Walfare Government. Right to work, to education and to public assistance

Article 42 – Securing just and humane work and maternity relief.

Article 43 – Living wages and a decent standard of life.

Article 43A – Workers participation in management.

Article 43B – Promotion of Cooperatives.

Article 44 – Uniform Civil Code.

Article 45 – Early Childhood Care and Education until they complete the age of 6 years. [Right to education act, 2009]

Article 46 – Promote education and economic interests of weaker section. Protection of SC’s, ST’s and other weaker sections from exploitation.

Article 47 – To raise the level of Nutrition, Standard of living and public health. [MANREGA]

Article 48 – Scientific agriculture and animal husbandry. To prohibit the slaughter of cows,

Article 48A – Environmental and Wildlife Protection. [wildlife protection act, 1972 and Biodiversity act, 2002

Article 49 – Protection of monuments and places and objects which have national importance.

Article 50 – Judiciary should be separated from the Executive.

Article 51 – The state shall promote international peace and security.

Amendments in DPSP

• 42^nd Amendment, 1976
  • Article 39A: To provide free legal aid to the poor.
  • Article 43A: Participation of workers in management of Industries.
  • Article 48A: To protect and improve the environment.
• 44^th Amendment, 1978
  • The State shall strive to minimize economic inequalities in income and eliminate inequalities in status, facilities and opportunities.
• 86^th Amendment, 2002
  • It changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.

Important cases related to 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 Fundamental Rights will prevail.

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.

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.