Directive Principles of State Policy

DPSPs are aspirations the State should pursue. They are not enforceable in court but fundamental in governance. NDA tests their classification, key articles, and the FR-DPSP relationship.

Background and Article 36-37

• Source: Irish Constitution (Article 45). Indian framers — particularly Nehru and Ambedkar — wanted directives for social and economic transformation.
• Article 36: Definition — State = same as in Article 12.
• Article 37: DPSPs are non-justiciable but "fundamental in the governance of the country" and the State has a duty to apply them in making laws.

Three Categories of DPSPs

1. Socialist Directives (welfare state, economic justice):

• Article 38 — Promote welfare and reduce inequality.
• Article 39 — Adequate means of livelihood, equitable distribution of resources, equal pay for equal work, no economic concentration.
• Article 39A — Equal justice and free legal aid (42nd Am.).
• Article 41 — Right to work, education, public assistance.
• Article 42 — Just and humane work conditions, maternity relief.
• Article 43 — Living wage, decent standard of life.
• Article 43A — Worker participation in industry (42nd Am.).
• Article 47 — Improve nutrition, public health; prohibit intoxicants.

2. Gandhian Directives (Gandhi's vision of village India):

• Article 40 — Organise village panchayats (basis of 73rd Am.).
• Article 43 — Promote cottage industries.
• Article 43B — Cooperative societies (97th Am., 2011).
• Article 46 — Promote educational and economic interests of SCs, STs and weaker sections.
• Article 47 (part) — Prohibit consumption of intoxicating drinks.
• Article 48 — Prohibit cow slaughter; preserve cattle breeds.

3. Liberal-Intellectual Directives (modern, often international):

• Article 44 — Uniform Civil Code for citizens.
• Article 45 — Free and compulsory education for children below 14 (modified by 86th Am.; now early childhood care).
• Article 48 — Modern agriculture and animal husbandry.
• Article 48A — Protection of environment (42nd Am.).
• Article 49 — Protect monuments of national importance.
• Article 50 — Separation of judiciary from executive.
• Article 51 — Promote international peace and respect for international law.

FR vs DPSP — Evolution

Phase	Position
Champakam Dorairajan (1951)	FRs prevail over DPSPs in case of conflict. 1st Amendment introduced Article 31B + 9th Schedule to overcome this
Golaknath (1967)	FRs cannot be amended even to give effect to DPSPs
25th Amendment (1971)	Article 31C — laws giving effect to Articles 39(b) & (c) cannot be challenged on grounds of violating Articles 14 or 19
Kesavananda Bharati (1973)	Upheld 31C but struck down its non-justiciable second clause
42nd Amendment (1976)	Extended 31C to all DPSPs
Minerva Mills (1980)	Struck down 42nd Am extension; reaffirmed 25th Am limit. FR-DPSP balance restored

DPSPs Implemented through Acts

• Right to Education Act, 2009 (Article 21A + 45).
• MGNREGA, 2005 (Article 41 — right to work).
• National Food Security Act, 2013 (Article 47).
• Maternity Benefit Act (Article 42).
• Equal Remuneration Act, 1976 (Article 39d).
• Bonded Labour System (Abolition) Act, 1976 (Article 23).
• Wildlife Protection Act, 1972; Forest Conservation Act, 1980 (Article 48A).

NDA PYQ Examples

Frequently Asked Questions

What is the difference between FRs and DPSPs?

FRs are justiciable (enforceable in court) and are negative obligations on the State (do not do X). DPSPs are non-justiciable and are positive obligations (the State should do X). Both together form the Constitution's vision of justice.

Is the Uniform Civil Code a DPSP?

Yes — Article 44 directs the State to endeavour to secure a Uniform Civil Code throughout India. It is not yet implemented; Goa is the only state with a partial UCC.

Why are DPSPs not enforceable in court?

Because they require positive state action (creating schemes, allocating funds) — which depends on resources and political will. Making them enforceable would let courts override Parliament on budget decisions, breaching separation of powers.

Has the right to education moved from DPSP to FR?

Yes — Article 45 originally provided free education for children below 14 as DPSP. The 86th Amendment (2002) made it a Fundamental Right under Article 21A for children 6-14, and modified Article 45 to apply to children below 6.

What is Article 39(b) and (c)?

Article 39(b) — distribution of community's material resources to subserve the common good. Article 39(c) — economic system should not result in concentration of wealth. The 25th Amendment gave laws implementing these primacy over FRs.

Related Topics

NDA PolityFundamental Rights NDA PolityFundamental Duties NDA PolityPreamble NDA PolityPanchayati Raj NDAPolity — Full Syllabus