Indian Polity — Directive Principles of State Policy (Article 36-51)
1. Introduction
- DPSPs are the ideals that the State should keep in mind while formulating policies and enacting laws.
- They resemble the 'Instrument of Instructions' enumerated in the Government of India Act, 1935.
- The idea of the DPSPs has been borrowed from the Irish Constitution, which has, in turn, borrowed it from the Spanish Constitution.
- Dr. B.R. Ambedkar described these principles as 'novel features' of the Indian Constitution.
- The Directive Principles, along with the Fundamental Rights, contain the philosophy of the Constitution and are the soul of the Constitution.
- Part IV: Articles 36-51
- Inspired by: Irish Constitution → Spanish Constitution
- Dr. B.R. Ambedkar: Described as 'novel features'
- Instrument of Instructions: Government of India Act, 1935
- Classification: Socialist, Gandhian, Liberal-Intellectual
2. Classification of DPSPs
- The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, DPSPs can be divided into three parts:
- Socialistic Principles
- Gandhian Principles
- Liberal-Intellectual Principles
Socialistic Principles
- They lay down the framework of a democratic socialist state. They aim at providing social and economic justice and set the path towards a welfare state.
| Article | Directive Principle |
|---|---|
| 38 | To promote the welfare of the people by securing a social order permeated by justice – social, economic and political and to minimise inequalities in income, status, facilities and opportunities. |
| 39 |
To secure:
|
| 39A | To promote equal justice and to provide free legal aid to the poor. |
| 41 | To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement. |
| 42 | To make provision for just and humane conditions of work and maternity relief. |
| 43 | To secure a living wage, a decent standard of life and social and cultural opportunities for all workers. |
| 43A | To take steps to secure the participation of workers in the management of industries. |
| 47 | To raise the level of nutrition and the standard of living of people and to improve public health. |
Gandhian Principles
- These principles are based on Gandhian ideology.
| Article | Directive Principle |
|---|---|
| 40 | To organise village panchayats and endow them with the necessary powers and authority to enable them to function as units of self-government. |
| 43 | To promote cottage industries on an individual or co-operative basis in rural areas. |
| 43B | To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. |
| 46 | To promote the educational and economic interests of SCs, STs, and other weaker sections of society and to protect them from social injustice and exploitation. |
| 47 | To prohibit the consumption of intoxicating drinks and drugs which are injurious to health. |
| 48 | To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds. |
Liberal-Intellectual Principles
- These principles represent the ideology of liberalism.
| Article | Directive Principle |
|---|---|
| 44 | To secure for all citizens a uniform civil code throughout the country. |
| 45 | To provide early childhood care and education for all children until they complete the age of six years. |
| 48 | To organise agriculture and animal husbandry on modern and scientific lines. |
| 48A | To protect and improve the environment and to safeguard forests and wildlife. |
| 49 | To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance. |
| 50 | To separate the judiciary from the executive in the public services of the State. |
| 51 | To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration. |
3. New Directive Principles
| Amendment | Changes |
|---|---|
| 42nd CAA, 1976 |
|
| 44th CAA, 1978 | Inserted Section 2 to Article 38, which requires the State to minimise inequalities in income, status, facilities and opportunities. |
| 86th CAA, 2002 | Changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years. |
| 97th CAA, 2011 | Article 43B: Added a new Directive Principle relating to cooperative societies. Requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. |
- 42nd CAA (1976): Added Articles 39, 39A, 43A, 48A
- 44th CAA (1978): Added Section 2 to Article 38
- 86th CAA (2002): Changed Article 45; made elementary education a FR
- 97th CAA (2011): Added Article 43B (Cooperative Societies)
4. Directives Outside Part IV
| Article | Directive |
|---|---|
| 335 | The claims of the members of the SCs and the STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or a State. |
| 350A | It shall be the endeavour of every state and every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups. |
| 351 | It shall be the duty of the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India. |
- Article 335: SCs and STs — claims in appointments
- Article 350A: Mother tongue instruction at primary level
- Article 351: Promotion of Hindi language
5. Summary: DPSP at a Glance
| Aspect | Details |
|---|---|
| Part | Part IV |
| Articles | 36-51 |
| Inspired by | Irish Constitution → Spanish Constitution |
| Dr. B.R. Ambedkar | Described as 'novel features' |
| Classification | Socialistic, Gandhian, Liberal-Intellectual |
| 42nd CAA (1976) | Added Articles 39, 39A, 43A, 48A |
| 44th CAA (1978) | Added Section 2 to Article 38 |
| 86th CAA (2002) | Changed Article 45; elementary education as FR |
| 97th CAA (2011) | Added Article 43B (Cooperative Societies) |
| Outside Part IV | Articles 335, 350A, 351 |
- Part IV: Articles 36-51 — DPSP
- Inspired by: Irish Constitution
- Dr. B.R. Ambedkar: 'Novel features' of the Constitution
- Classification: Socialist, Gandhian, Liberal-Intellectual
- 42nd CAA (1976): Added Articles 39, 39A, 43A, 48A
- 44th CAA (1978): Article 38(2) — minimise inequalities
- 86th CAA (2002): Article 45 — early childhood care
- 97th CAA (2011): Article 43B — cooperative societies
- Outside Part IV: Articles 335 (SC/ST), 350A (mother tongue), 351 (Hindi)
- Article 44: Uniform Civil Code (liberal-intellectual)
- Article 50: Separation of judiciary from executive
Q1. The Directive Principles of State Policy are contained in which Part of the Constitution?
Q2. The concept of DPSP was borrowed from which country's Constitution?
Q3. Who described the DPSPs as 'novel features' of the Indian Constitution?
Q4. Which Article deals with the Uniform Civil Code?
Q5. Which amendment added Article 43B on cooperative societies?
Q6. Article 50 deals with:
Q7. Which Article was added by the 42nd Amendment to promote free legal aid to the poor?
Q8. Which Article outside Part IV deals with the promotion of Hindi language?
Q9. Which of the following is a Gandhian Principle under DPSP?
Q10. Article 45, as amended by the 86th CAA, 2002, provides for: