Directive Principles of State Policy

Overview

Directive Principles of State Policy (DPSP) form Part IV of the Indian Constitution (Articles 36-51) and serve as guidelines for the government to create a welfare state. While these principles are **non-justiciable** (not legally enforceable by courts), they are **fundamental in governance** and form the foundation for legislative and executive policies.

For UPSSSC PET, questions focus on: which article covers what directive, classification of DPSP (Gandhian, socialist, liberal-intellectual), differences from Fundamental Rights, and real-world implementation through government schemes. The topic regularly appears with 2-4 questions testing recall of specific articles, distinction between FR and DPSP, and constitutional amendments related to DPSP.

Understanding DPSP is crucial because it connects constitutional theory with contemporary welfare schemes — candidates must know both the constitutional article and how it manifests in schemes like MGNREGA, Mid-Day Meal, Right to Education, etc. This bridge between theory and application makes DPSP questions scoring yet tricky.

Key Concepts

• **Non-justiciable Nature**: Courts cannot enforce DPSP directly, but use them to interpret ambiguous laws. Article 37 states DPSP are "fundamental in governance" though not enforceable by any court.

• **Positive Obligations**: Unlike Fundamental Rights (which restrict state action), DPSP impose positive duties on the state to **actively** create conditions for welfare, justice, and development.

• **Tripartite Classification**: DPSP are grouped into socialist principles (economic justice), Gandhian principles (village economy, prohibition), and liberal-intellectual principles (uniform civil code, environment protection).

• **Supremacy Debate**: Initially courts held Fundamental Rights supreme over DPSP (Champakam Dorairajan 1951). After the Kesavananda Bharati case (1973), a balance was struck — both are complementary and together form the "conscience of the Constitution."

• **Amendment Process**: DPSP can be amended by simple parliamentary majority (not special procedure under Article 368). Several articles have been added via amendments (42nd, 44th, 86th).

• **Inspiration from Ireland**: India borrowed DPSP concept from the Irish Constitution, which itself was influenced by the Spanish Constitution.

• **Implementation through Legislation**: Many DPSP have been translated into law — Article 45 (free education to children) via RTE Act 2009; Article 39A (legal aid) via Legal Services Authorities Act 1987; Article 48A (environment protection) via Environment Protection Act 1986.

Formulas / Key Facts

**Article-wise DPSP Coverage:**

• **Article 36**: Definition clause — "State" has same meaning as in Part III (Fundamental Rights).

• **Article 38**: State to promote welfare by securing social, economic, and political justice; minimize inequalities.

• **Article 39**: Six specific directives — (a) adequate livelihood for men and women, (b) equitable distribution of resources, (c) prevent concentration of wealth, (d) equal pay for equal work, (e) protect workers' health, (f) protect childhood and youth from exploitation.

• **Article 39A**: Free legal aid and equal justice (added by 42nd Amendment, 1976).

• **Article 40**: Organisation of village panchayats (Gandhian principle).

• **Article 41**: Right to work, education, and public assistance in certain cases.

• **Article 42**: Just and humane conditions of work and maternity relief.

• **Article 43**: Living wage, decent standard of life for workers, cottage industries.

• **Article 43A**: Participation of workers in management of industries (added by 42nd Amendment).

• **Article 43B**: Promotion of cooperative societies (added by 97th Amendment, 2011).

• **Article 44**: Uniform Civil Code for all citizens.

• **Article 45**: Originally free education for children up to 14 years; now amended post-86th Amendment (2002) — early childhood care for children below 6 years. (Note: Article 21A now covers education for 6-14 years as Fundamental Right.)

• **Article 46**: Promotion of educational and economic interests of SCs, STs, and weaker sections.

• **Article 47**: Raising the level of nutrition, standard of living, and prohibition of intoxicating drinks/drugs.

• **Article 48**: Organisation of agriculture and animal husbandry; prohibition of cow slaughter.

• **Article 48A**: Protection and improvement of environment, forests, wildlife (added by 42nd Amendment).

• **Article 49**: Protection of monuments and objects of national importance.

• **Article 50**: Separation of judiciary from executive in public services.

• **Article 51**: Promotion of international peace and security, respect for international law and treaty obligations.

**Classification:**

• **Socialist Principles**: Articles 38, 39, 39A, 41, 42, 43, 43A, 43B — focus on economic equality, workers' rights, social security.
• **Gandhian Principles**: Articles 40, 43, 46, 47, 48 — village panchayats, cottage industries, prohibition, cow protection.
• **Liberal-Intellectual Principles**: Articles 44, 45, 48A, 49, 50, 51 — uniform civil code, education, environment, international peace.

**Not Enforceable**: No court can compel government to implement DPSP (Article 37). However, laws enacted to implement DPSP cannot be struck down on grounds they violate Fundamental Rights if Parliament declares so under Article 31C (limited applicability).

Worked Examples

**Example 1: Identify the Article** Q: Which Article directs the State to provide free legal aid to ensure equal justice?

**Solution**: Article 39A deals with equal justice and free legal aid. It was added by the 42nd Constitutional Amendment Act, 1976. Implementation: Legal Services Authorities Act, 1987 established National Legal Services Authority (NALSA) providing free legal aid to poor, women, children, SCs/STs. **Answer**: Article 39A

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**Example 2: Classification Question** Q: Uniform Civil Code (Article 44) belongs to which category of DPSP?

**Solution**: Article 44 directs the state to secure a uniform civil code for all citizens. This is a **liberal-intellectual principle** aimed at national integration and legal uniformity. It is neither socialist (no economic justice component) nor Gandhian (not related to village economy or traditional values). **Answer**: Liberal-Intellectual Principle

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**Example 3: Implementation Match** Q: Match DPSP article with implementing legislation: A. Article 45 (as amended) B. Article 48A

**Solution**: A. Article 45 originally directed free education for children up to 14 years. Post-86th Amendment (2002), Article 45 now covers early childhood care for children below 6 years, while Article 21A (new Fundamental Right) covers education for 6-14 years. Implementation: **Integrated Child Development Services (ICDS) Scheme, 1975** for below 6 years; **Right to Education Act, 2009** for 6-14 years (under Article 21A).

B. Article 48A (protection of environment) implemented through **Environment Protection Act, 1986**, Forest Conservation Act, 1980, Wildlife Protection Act, 1972.

Common Mistakes

• **Confusing Article 45 with Article 21A**: Students often remember "free education for children under 14" but miss that after 86th Amendment (2002), Article 21A made education for 6-14 years a Fundamental Right. Article 45 now covers children **below 6 years**. Know both: 0-6 years = Article 45 (DPSP), 6-14 years = Article 21A (FR).

• **Treating DPSP as enforceable**: DPSP are NOT justiciable. Courts cannot force the government to implement them through direct orders. However, they guide interpretation of laws and policy-making. Don't say "DPSP can be enforced in court" — they cannot.

• **Missing which Amendment added what**: Article 39A (free legal aid), 43A (workers in management), 43B (cooperatives), and 48A (environment) were **added later** — not part of original constitution. 42nd Amendment (1976) added three of these. 97th Amendment (2011) added Article 43B on cooperatives. Mark these carefully.

• **Overriding Fundamental Rights**: Early thinking was FR override DPSP. Post-Kesavananda Bharati (1973), both are **complementary**. Article 31C initially gave DPSP precedence, but Supreme Court limited its scope. Don't say DPSP always override FR or vice versa — context matters.

• **Wrong categorization**: Article 40 (village panchayats) is Gandhian, not socialist. Article 44 (uniform civil code) is liberal-intellectual, not socialist. Article 47 (prohibition of alcohol) is Gandhian. Review classification carefully — common MCQ trap.

Quick Reference

• **Articles 36-51**: DPSP = non-justiciable guidelines for welfare state governance.
• **Article 37**: Declares DPSP fundamental in governance but not enforceable by courts.
• **Three classifications**: Socialist (39, 41-43A), Gandhian (40, 43, 46-48), Liberal (44, 45, 48A-51).
• **Key additions**: 39A, 43A, 48A added by 42nd Amendment (1976); 43B added by 97th Amendment (2011).
• **Implementation examples**: Article 39A → Legal Services Act; Article 48A → Environment Protection Act; Article 45/21A → RTE Act 2009.
• **Not justiciable but fundamental**: Courts use DPSP to interpret laws; legislature implements via Acts and schemes (MGNREGA, ICDS, Mid-Day Meal).