Directive Principles of State Policy (DPSP)

The framers of the Constitution of India felt that certain policy directions, guidelines or
instructions were required for the governance of the country ,based on which rules and
directions the legislature (body that legislates or makes laws- Parliament at the
centre,and State Legislatures in the states),executive and judiciary of the independent
India would exercise their powers.These principles are aimed at ensuring socio
economic justice to the people and establishing India as a Welfare State.
Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of
State Policy (DPSP). They are inspired from the Constitution of Ireland..DPSPs are non-
justiciable in nature, meaning they are not enforceable in a Court of law. DPSPs are
mainly economic and social in nature (as oppposed to fundamental rights which are
civil and political in nature).DPSP acts as a guideline for the state , which should be
taken into consideration while making any new policy or law. However, since DPSP are
non justiciable,hence one cannot compel the State to consider and follow the DPSPs.
Justifiable rights, the one which was enforceable in a court of law and included in Part
III of the Constitution. On the other hand, Non-justifiable rights were listed as directive
principles, which are just there to guide the state to work on the lines for making India a
welfare state. They were included in part IV of the Constitution of
DPSPs are incorporated in the Constitution of India to attain the ultimate ideals of the
Preamble ,which are justice(social, economic and political), liberty, equality and
fraternity.Further, they have the objective to ensure the concept of welfare
state.Parliament can amend Fundamental rights for implementing Directive principles.
Dr. B. R. Ambedkar described Directive Principles as a “Novel Feature” of the
Constitution. They are in the nature of general directions, instructions or guidelines to
the State. Directive Principles embody the aspirations of the people, objectives and
ideals which Union and the State governments must bear in mind while making laws
and formulating policies.

A Reflection on the DPSPs provided under the Constitution of India:

Article 36 of Part IV defines the term 'State'.The definition of “State” in the part IV is the
same as that in Part III, unless the context otherwise requires a change in it.
Article 37 provides the nature of DPSP . It says that DPSPs are non-justiciable.
Article 38 talks about social, political and economic justice,and directs the State to
secure a social order which would provide social, political and economic justice to all
the citizens.It further holds that the state shall reduce inequalities faced by the people
on the grounds such as income, status, facilities, opportunities, etc
Article 39 mentions certain pinciples of policy which must be followed by the
State..These are as stated below-
 All men, women and citizens should have the equal right to an adequate means
of livelihood (i.e. gender equality regarding adequate standard of living)
 The ownership and control of the material resources of the community should be
distributed for the common good of the public (that is,to promote socialism)
 The operation of the economic system should not be such that the concentration
of wealth and the means of production results in common detriment (again,a
principle of socialism and economic and social justice and equality)
 There shall be no gender discrimination,and both men and women should get
equal pay for equal work(i.e. socio economic justice,and right to work and right to
equality.
For example,Equal Remuneration Act, 1976 was introduced in spirit of this
DPSP to provide for the payment of equal remuneration to men and women
workers and for the prevention of discrimination, on the ground of sex.
 The health and strength of a worker(men and women) must be preserved , the
tender age of children should not be abused,the citizens should not be forced to
enter and indulge into any occupation or profession which is not suitable for their
age or strength, not even out of any financial necessity or economic
backwardness (i.e. ensuring the concept of welfare state)
 Children must be given enough opportunities and facilities so that they develop in
a healthy manner and in such conditions where their freedom and dignity,
including the fact that their childhood and youth remain protected, against any
form of exploitation and against any sort of moral and material
abandonment.This provision was added by 42nd Amendment in the year ,1976.
Article 39A speaks of free legal aid.It says that the State shall promote justice on the
basis of equal opportunity, and shall provide free legal aid through any suitable
legislation or schemes which State may think fit .It should ensure that the opportunities
for securing justice are not denied to any citizen because of economic backwardness or
any other kind of disabilities.
Legal aid at the expense of the State has been made compulsory in all cases
pertaining to criminal law, if the accused is too poor to engage a lawyer.For
example,The Legal Services Authorities Act,1987 was enacted by the Parliament to
establish a nationwide uniform network for providing free and competent legal services
to the weaker sections of the society on the basis of equal opportunity.
Article 40 speaks of organization of village panchayats and local governments.
Article 41 talks about Welfare Government.It holds that the state shall make some
effective provisions for securing the right to work and in cases of unemployment, old
age, disablement or any other cases acting in its economic capacity & development it
shall provide public assistance. Various social sector schemes like social assistance
program, right to food security, old-age pension scheme, MGNREGA, etc. are in spirit of
this article.
Article 42 talks about securing just and humane conditions of work and maternity
relief.
It is a pertinent part of Article 21,and many Acts like Factories Act has specific
provisions ensuring the principle of this DPSP,I.e.providing just and humane conditions
of work.
Article 43 talks about Fair wages and a decent standard of life.It says that the state
should endeavor to secure by making appropriate legislation or economic organization
to all the workers employed in agricultural, industrial or otherwise, work, a living wage,
conditions of work, ensuring a decent standard of life and enjoyment of leisure and
social-cultural opportunities and promote cottage industries on an individual or
cooperative basis in rural and remote areas of the country.The Minimum Wages Act of
1948 empowers government to fix minimum wages for employees engaged in various
employments. The Equal Remuneration Act of 1976, provides for equal pay for equal
work for both men and women. The Sampoorna Grameen Rozgar Yojana was launched
in 2001 to attain the objective of gainful employment for the rural poor.These are
examples of a few legislations or laws framed under this DPSP .
Article-44 states that the State shall endeavour to secure for the citizen a uniform civil
code through the territory of India.
Article-45 provides for free and compulsory education to all children till the age of 14
years.
Later on , following this DPSP,right to education has been made a
fundamental right under Article 21-A of the Constitution of India in 2002.
Article 46 lays down that the State shall promote educational and economic interests of
the weaker sections of the people particularly that of the Scheduled Castes (SCs) and
Scheduled Tribes (STs) and other weaker sections.
In order that scheduled castes and scheduled tribes are protected from
atrocities, the Government enacted the Prevention of Atrocities Act in 1995,
which provided severe punishments for such atrocities.
Article 47 talks about nutrition, standard of living and public health.It says that the State
shall look into the matter of raising the level of nutrition and the standard of living of its
people and it is the duty of the State to keep a check on the improvement of public
health. The State shall also endeavor to prohibit the consumption of intoxicating drinks
and drugs which are injurious for health, except for medicinal purposes.For instance the
Narcotics Drugs and Psychotropic Substances Act,1985 has been introduced in the
spirit of this article. There are many social development programmes such as National
Health Mission, Mid Day Meal Scheme, etc.
Article 48 talks about scientific agriculture and animal husbandry.It says that the State
shall endeavor to organize agriculture and animal husbandry using modern methods
and scientific techniques which make people more advanced and helps in earning their
livelihood easily. State shall take some progressive steps for preserving and improving
the existing breeds and prohibiting the slaughter of cows and other cattle.
Article 48A talks about the environment and wildlife Protection.The State shall
endeavour to protect and improve the environment and surroundings, and to safeguard
the forests and wildlife of the country to make the environment sustainable.
Eg.Indian Forest Act,1927, Environment Protection Act,1986 are some legislations
framed by following directions of this DPSP to give effect to the principles under this
particular DPSP.
Article 49 talks about Protection of monuments and places and objects of national
importance. It holds that it shall be the duty of the State to protect every monument or
place or any object of historic or artistic interest which has some national importance,
from any form of disfigurement, destruction, etc.
Article 50 talks about Separation of Judiciary from the Executive.There should be a line
between the judiciary and the executive body of the Government in the public services
of the State as it makes it easier if both do not interfere in each other’s work and
function independently.
Article 51 talks about promotion of international peace and security. The State shall
endeavour to promote international peace and security,maintain friendly and honourable
relations between nations,foster respect for international law and treaty obligations in
the dealings of one person with another for maintaining harmony between the nations
and encourage settlement of international disputes by the method of arbitration.