Indian Polity — Directive Principles of State Policy (Part IV: Article 36-51)
1. Introduction
- The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are Ideals for the State in policy formulation and law enactment.
- Significance: Described by Dr. B.R. Ambedkar as a 'novel feature' of the Indian Constitution, embodying its philosophy and serving as its soul.
- Origins: Inspired by the Irish Constitution, which itself was influenced by the Spanish Constitution; resembles the 'Instrument of Instructions' from the Government of India Act, 1935.
- Objective: Aims for 'Socio-economic democracy' [UPSC 2015], complementing Political democracy.
- Legal Exceptions: Laws under Articles 39(b) and (c) cannot be declared unconstitutional based on Articles 14 and 19.
Key Insights
- Granville Austin: DPSP + Fundamental Rights (FR) = Conscience of the Constitution.
- Article 37: DPSP principles are fundamental for governance. [UPSC 2013]
- Minerva Mills Case (1980): Emphasises harmony between FR and DPSP as vital to the Constitution's basic structure.
📝 UPSC Previous Year Questions:
- UPSC Prelims 2015: DPSP aims for 'Socio-economic democracy'. Answer: True.
- UPSC Prelims 2013: Article 37 states that DPSP principles are fundamental for governance. Answer: True.
2. Features of Directive Principles of State Policy
- Comprehensive Programme: Covers economic, social, and political aspects for a modern democratic state. The 'State' includes legislative and executive organs of the central and state governments, all local authorities and all other public authorities in the country.
- Moral Obligation: Although non-justiciable (not legally enforceable), their implementation relies on public opinion. [UPSC 2020, 2015]
- Directive Principles of State Policy constitute does not put limitations upon legislative & executive function [UPSC 2017]
- Constitutional Guidelines: Serve as recommendations for the State (central, state, and local authorities) in legislative, executive, and administrative matters. [UPSC 2020]
- Socio-economic Democracy: Promote positive social and economic rights, unlike Fundamental Rights (negative in nature). [UPSC 2015]
- Supplement Fundamental Rights: Fill gaps in Part III of the Constitution by addressing social and economic issues.
- Welfare State: Embodies the principles of a Welfare State, aiming for justice, liberty, equality, and fraternity. [UPSC 2020, 2015]
- They are fundamental for the governance of the country. [UPSC 2013]
- Constitutional Advisor: B.N. Rau proposed dividing rights into justiciable and non-justiciable, a recommendation accepted by the Drafting Committee.
- Judicial Role: Helps courts assess the constitutional validity of laws concerning Articles 14 & 19.
KNOWLEDGE NUGGET
- Part IV: Articles 36 to 51
- Inspired by: Irish Constitution
- Non-justiciable — not enforceable by courts
- Granville Austin: DPSP + FR = Conscience of the Constitution
- B.N. Rau: Proposed division of rights into justiciable and non-justiciable
3. Classification of Directive Principles of State Policy
- The Constitution does not specify the classification of DPSPs. On the basis of content, these are classified into Socialist, Gandhian and Liberal-intellectual.
A. Socialist
- Reflects ideology of Socialism, lays down the framework of a democratic socialist state, aims at providing social and economic justice, and sets the path towards a welfare state. [UPSC 2015, 2020]
SOCIALIST PRINCIPLES
- Article 38: Promote social, economic, and political justice; minimise income and opportunity inequalities (44th Amendment).
- Article 39: State policies to ensure:
- Livelihood equality for men and women
- Distribution of resources for the common good
- Prevention of wealth concentration [UPSC 2021]
- Equal pay for equal work
- Health and safety of workers and children
- Child development and protection (42nd Amendment)
- Article 39A: Promote equal justice and provide free legal aid (42nd Amendment).
Example: Legal Services Authorities Act, 1987: Section 12 provides free legal services to various sections of the society. - Article 41: Ensure the right to work, education, and public assistance.
- Article 42: Provide humane work conditions and maternity relief.
- Article 43: Secure living wages and decent living standards for workers.
- Article 43A: Workers' participation in industry management (42nd Amendment).
- Article 47: Improve nutrition, living standards, and public health.
B. Gandhian
- Based on Gandhian Ideology. Represent the programme of reconstruction enunciated by Gandhi during the National Movement.
GANDHIAN PRINCIPLES
- Article 40: Establish village Panchayats for self-government. [UPSC 2012]
- 73rd CAA, 1992: Constitutional recognition (Part IX, Schedule 11).
- Article 43: Promote cottage industries in rural areas. [UPSC 2012]
- Article 43B: Encourage democratic management of Co-operative Societies (97th Amendment, 2011).
- Article 46: Protect educational and economic interests of SCs, STs, and weaker sections.
- Article 47: Ban intoxicants except for medicinal use.
- Article 48: Prohibit slaughter of cows and improve their breeds.
C. Liberal-Intellectual
- To represent the ideology of liberalism.
LIBERAL-INTELLECTUAL PRINCIPLES
- Article 44: Establishes a Uniform Civil Code for national integration.
- Shah Bano Case (1985): Highlights the need to resolve conflicting legal loyalties.
- Article 45: Ensures early childhood education for children up to age 6 (86th CAA, 2002). [UPSC 2012]
- Article 48: Promotes modern agriculture and animal husbandry.
- Article 48A: Protects the environment and wildlife (42nd CAA, 1976).
- Article 49: Safeguards historic monuments of national importance.
- Article 50: Separates the Judiciary from the Executive. [UPSC 2020]
- Article 51: Fosters international peace and respect for laws. [UPSC 2014/2015]
📝 UPSC Previous Year Questions:
- UPSC Prelims 2012: Article 40 establishes village Panchayats for self-government. Answer: True.
- UPSC Prelims 2012: Article 43 promotes cottage industries in rural areas. Answer: True.
- UPSC Prelims 2012: Article 45 ensures early childhood education for children up to age 6. Answer: True.
- UPSC Prelims 2020: Article 50 separates the Judiciary from the Executive. Answer: True.
- UPSC Prelims 2014/2015: Article 51 fosters international peace and respect for laws. Answer: True.
- UPSC Prelims 2021: Article 39 prevents concentration of wealth. Answer: True.
4. New Directive Principles (Added by Amendments)
| Amendment | Description |
|---|---|
| 42nd CAA 1976 |
Added Article 39(f), Article 39A, Article 43A, Article 48A. [UPSC 2017]
The 42nd CAA (1976) shifted five subjects from the State list to the Concurrent list – Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, and Administration of Justice. |
| 44th CAA 1978 | Added Article 38(2) — To minimise inequalities in income, status, facilities and opportunities. |
| 86th CAA 2002 | Added Article 45: The amendment changed the subject-matter of Article 45 and elementary education made as FR under Article 21A. |
| 97th CAA 2011 | Added Article 43B: to promote formation, functioning and management of Co-operative Societies. |
42ND CAA, 1976 — KEY CHANGES
- Added DPSPs: Article 39(f), 39A, 43A, 48A
- Shifted to Concurrent List: Education, Forests, Weights & Measures, Protection of Wild Animals & Birds, Administration of Justice [UPSC 2017]
5. Directives Outside Part IV
| Article | Part | Description |
|---|---|---|
| Article 335 | Part XVI | Claims of SCs & STs to services |
| Article 350A | Part XVII | Instruction in mother tongue |
| Article 351 | Part XVII | Development of Hindi Language |
6. Difference Between Fundamental Rights, Fundamental Duties, and DPSPs
| Aspect | Fundamental Rights (FRs) | Fundamental Duties | Directive Principles of State Policy |
|---|---|---|---|
| Definition | Rights guaranteed to individuals | Responsibilities of citizens | Guidelines for state governance |
| Articles | Articles 12-35 | Article 51(A) | Articles 36-51 |
| Nature | Justiciable; enforceable in court | Non-justiciable; not enforceable in court | Non-justiciable; guide state policy |
| Purpose | Establish political democracy | Promote civic responsibility | Establish social and economic democracy |
| Enforcement | Automatically enforced; courts can invalidate laws (e.g., Articles 32, 226) | Voluntary compliance requires special laws | Require legislation; not automatically enforced [UPSC 2015] |
| Sanctions | Legal sanctions; individual welfare focus | No legal sanctions; mere duties | Moral sanctions; community welfare focus |
| Amendment | Can be amended but not the basic structure (Article 368) | Can be modified by Parliament | Can be amended to reflect societal needs |
| Origin | Borrowed from the USA | Soviet Constitution | Irish Constitution |
| State's Role | Restricts state action | N/A | Directs state action |
| Judicial Review | Laws violating FRs can be declared unconstitutional | Not subject to judicial review | Courts cannot declare laws unconstitutional |
NOTE
Rights and duties are correlated. [UPSC 2017]
Rights and duties are correlated. [UPSC 2017]
7. Conflict Between Fundamental Rights and DPSPs
| Case / Amendment | Key Contribution |
|---|---|
| Champakam Dorairajan Case (1951) | FRs prevail over DPSPs. FRs can be amended by Parliament through constitutional amendments. |
| Golaknath Case (1967) | Parliament cannot remove any FR (sacrosanct). FRs cannot be amended for implementing DPSPs. |
| 24th Amendment (1971) |
Parliament can remove FRs via constitutional amendment.
|
| Kesavananda Bharati Case (1973) | Invalidated the second provision of Article 31C. And established judicial review as a basic structure. |
| 42nd Amendment (1976) | Laws for DPSPs are not void despite violating Article 14 and 19. DPSPs given primacy over Articles 14 and 19. |
| Minerva Mills Case (1980) | Invalidated DPSP primacy over FR. It emphasised the balance between FR and DPSP. |
| Present Position | FRs hold supremacy over DPSPs. Parliament can amend FRs for DPSP implementation without harming the basic structure. |
EVOLUTION OF FR vs DPSP CONFLICT
- Champakam Dorairajan (1951): FRs prevail
- Golaknath (1967): FRs cannot be amended
- 24th Amendment (1971): Parliament can amend FRs
- Kesavananda Bharati (1973): Judicial review is basic structure
- 42nd Amendment (1976): DPSPs primacy over FRs
- Minerva Mills (1980): Balance between FR and DPSP
- Present: FRs hold supremacy, but can be amended for DPSP implementation
📝 UPSC Previous Year Questions:
- UPSC Prelims 2017: Rights and duties are correlated. Answer: True.
- UPSC Prelims 2017: DPSP does not put limitations upon legislative & executive function. Answer: True.
- UPSC Prelims 2015: DPSP requires legislation; not automatically enforced. Answer: True.
8. Summary: DPSP at a Glance
| Aspect | Details |
|---|---|
| Part | Part IV |
| Articles | 36 to 51 |
| Inspired By | Irish Constitution |
| Nature | Non-justiciable (not enforceable by courts) |
| Objective | Socio-economic democracy [UPSC 2015] |
| Classification | Socialist, Gandhian, Liberal-Intellectual |
| Key Addition (42nd CAA) | Articles 39(f), 39A, 43A, 48A [UPSC 2017] |
| Key Addition (44th CAA) | Article 38(2) — minimise inequalities |
| Key Addition (86th CAA) | Article 45 — early childhood education |
| Key Addition (97th CAA) | Article 43B — Co-operative Societies |
| Granville Austin | DPSP + FR = Conscience of the Constitution |
| Minerva Mills Case | Harmony between FR and DPSP is basic structure |
Key Takeaways for UPSC
- Part IV: Articles 36-51 — DPSP
- Inspired by: Irish Constitution
- Non-justiciable — not enforceable by courts
- Article 37: DPSP principles are fundamental for governance [UPSC 2013]
- Granville Austin: DPSP + FR = Conscience of the Constitution
- 42nd CAA (1976): Added 4 new DPSPs; shifted 5 subjects to Concurrent List [UPSC 2017]
- Minerva Mills Case (1980): Balance between FR and DPSP is basic structure
- Socialist DPSPs: Articles 38, 39, 39A, 41, 42, 43, 43A, 47
- Gandhian DPSPs: Articles 40, 43, 43B, 46, 47, 48
- Liberal-Intellectual DPSPs: Articles 44, 45, 48, 48A, 49, 50, 51
- Present Position: FRs hold supremacy over DPSPs, but can be amended for DPSP implementation
High-Yield Interactive UPSC Quiz (Directive Principles of State Policy)
Q1. The Directive Principles of State Policy are inspired by which country's Constitution?
Correct Answer: C. The Directive Principles of State Policy are inspired by the Irish Constitution, which itself was influenced by the Spanish Constitution.
Q2. Which Article states that DPSP principles are fundamental for governance?
Correct Answer: B. Article 37 states that DPSP principles are fundamental for governance. [UPSC 2013]
Q3. Which amendment added Article 39A (free legal aid) to the Constitution?
Correct Answer: B. The 42nd Constitutional Amendment Act, 1976 added Article 39A (free legal aid) and other DPSPs including Articles 39(f), 43A, and 48A. [UPSC 2017]
Q4. Which Article establishes village Panchayats for self-government?
Correct Answer: B. Article 40 establishes village Panchayats for self-government. The 73rd CAA, 1992 gave constitutional recognition to Panchayati Raj. [UPSC 2012]
Q5. Which Article deals with the Uniform Civil Code?
Correct Answer: C. Article 44 establishes a Uniform Civil Code for national integration. The Shah Bano Case (1985) highlighted the need to resolve conflicting legal loyalties.
Q6. Which Article separates the Judiciary from the Executive?
Correct Answer: C. Article 50 separates the Judiciary from the Executive. [UPSC 2020]
Q7. Which case established that FRs prevail over DPSPs?
Correct Answer: A. In the Champakam Dorairajan Case (1951), the Supreme Court held that FRs prevail over DPSPs.
Q8. Which amendment gave primacy to DPSPs over Fundamental Rights (Articles 14 and 19)?
Correct Answer: B. The 42nd Amendment (1976) gave primacy to DPSPs over Fundamental Rights (Articles 14 and 19). This was later invalidated in the Minerva Mills Case (1980).
Q9. The 97th Constitutional Amendment Act, 2011 added which Article to the DPSPs?
Correct Answer: B. The 97th CAA, 2011 added Article 43B to promote the formation, functioning, and management of Co-operative Societies.
Q10. Who described the DPSP as a 'novel feature' of the Indian Constitution?
Correct Answer: B. Dr. B.R. Ambedkar described the DPSP as a 'novel feature' of the Indian Constitution, embodying its philosophy and serving as its soul.