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DPSP

The Directive Principles of State Policy (DPSP) are guidelines in the Indian Constitution aimed at promoting socio-economic justice and welfare, though they are non-justiciable. This comprehensive study covers their significance, classifications, amendments, and the relationship with Fundamental Rights, highlighting their role in shaping public policies and laws. Despite criticisms regarding enforceability and implementation, DPSP remain essential for guiding governance towards a just and equitable society.
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0% found this document useful (0 votes)
24 views31 pages

DPSP

The Directive Principles of State Policy (DPSP) are guidelines in the Indian Constitution aimed at promoting socio-economic justice and welfare, though they are non-justiciable. This comprehensive study covers their significance, classifications, amendments, and the relationship with Fundamental Rights, highlighting their role in shaping public policies and laws. Despite criticisms regarding enforceability and implementation, DPSP remain essential for guiding governance towards a just and equitable society.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Sheet 1: Title Page

Directive Principles of State Policy (DPSP)


A Comprehensive Study
Submitted By: [Your Name]
Class: [Your Class]
Roll Number: [Your Roll Number]
School Name: [Your School Name]
Date: [Submission Date]
Abstract:
The Directive Principles of State Policy (DPSP) are an integral part of
the Indian Constitution. They provide a framework for governance
aimed at ensuring socio-economic justice, reducing inequality, and
promoting the overall welfare of citizens. Although non-justiciable,
these principles play a crucial role in shaping public policies and laws.
This project aims to provide an in-depth analysis of DPSP, their
significance, amendments, criticisms, and conflicts with Fundamental
Rights.

Sheet 2: Introduction to DPSP


Introduction to Directive Principles of State Policy
Definition:
The Directive Principles of State Policy (DPSP) are guidelines
enshrined in Part IV (Articles 36-51) of the Indian Constitution. They
direct the government to establish a just, fair, and equitable society
based on principles of social, economic, and political justice.
Purpose:
 To provide a moral and philosophical foundation for
governance.
 To ensure social justice and welfare for all citizens.
 To guide policymaking toward creating an egalitarian society.
 To reduce economic and social inequalities among different
sections of society.
Historical Background:
The concept of DPSP was borrowed from the Irish Constitution and
influenced by Gandhian principles and the Universal Declaration of
Human Rights. During the drafting of the Indian Constitution, DPSP
was included to achieve the goals of the Preamble, particularly
justice—social, economic, and political.
Key Features of DPSP:
1. Non-Justiciable: Unlike Fundamental Rights, DPSP cannot be
enforced in a court of law.
2. Moral Obligation: They serve as a directive for the state to
ensure the welfare of citizens.
3. Dynamic Nature: DPSP can evolve over time through
constitutional amendments and judicial interpretation.
4. Complementary to Fundamental Rights: They work together to
establish a balanced constitutional framework.
Sources of DPSP:
 Irish Constitution (Directive Principles borrowed from it)
 Gandhian Philosophy (Principles promoting self-reliance and
village development)
 Universal Declaration of Human Rights (UDHR) (Social and
economic rights)
 Indian Historical Movements (Pre-Independence social
reforms)
Diagram: Sources of DPSP
(Include a simple flowchart showing the influence of the Irish
Constitution, Gandhian principles, and UDHR on DPSP.)
Conclusion:
DPSP form the foundation of India’s welfare state ideology. Although
they are not enforceable by the judiciary, they act as a guiding force
in policymaking and governance. Their role in shaping laws like the
Right to Education Act, environmental laws, and employment policies
demonstrates their significance in the democratic framework of
India.

Sheet 3: Classification of DPSP


Classification of Directive Principles of State Policy (DPSP)
DPSP can be broadly classified into three categories based on their
ideological origins:
1. Socialistic Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles
These classifications help understand how DPSP aim to shape
governance and policy-making in India.

1. Socialistic Principles
These principles focus on promoting social and economic justice,
reducing inequalities, and ensuring the welfare of all citizens.
📜 Key Articles:
 Article 38: State to secure a social order based on justice
(social, economic, and political).
 Article 39: Equal pay for equal work, adequate livelihood, and
prevention of concentration of wealth.
 Article 41: Right to work, education, and public assistance in
cases of unemployment, old age, or disability.
 Article 42: Maternity relief and humane working conditions.
 Article 43: Living wages for workers and participation in
industries.
 Article 47: Improvement of public health and prohibition of
intoxicating drinks and drugs.
🔍 Example: Implementation of Minimum Wages Act, Right to
Education Act (RTE), and Maternity Benefit Act.

2. Gandhian Principles
These principles reflect Mahatma Gandhi’s vision of village-based
self-sufficiency, rural development, and promotion of indigenous
industries.
📜 Key Articles:
 Article 40: Organisation of village panchayats.
 Article 43: Promotion of cottage industries in rural areas.
 Article 46: Protection of educational and economic interests of
SCs, STs, and weaker sections.
 Article 47: Prohibition of intoxicating drinks and improvement
of public health.
 Article 48: Organisation of agriculture and animal husbandry.
🔍 Example: Policies like the Panchayati Raj System, Khadi and Village
Industries Commission (KVIC), and prohibition laws in some states.

3. Liberal-Intellectual Principles
These principles aim to promote individual liberty, international
peace, and scientific development.
📜 Key Articles:
 Article 44: Uniform Civil Code (UCC) for all citizens.
 Article 45: Free and compulsory education for children.
 Article 48: Protection of environment, forests, and wildlife.
 Article 49: Protection of monuments and cultural heritage.
 Article 50: Separation of judiciary from the executive.
 Article 51: Promotion of international peace and cooperation.
🔍 Example: Right to Education (RTE) Act, Environmental Protection
Laws, and Cultural Heritage Protection Laws.

Diagram: Classification of DPSP


(A simple flowchart or table can be drawn showing the three
categories of DPSP and the key articles under each.)

Conclusion:
The classification of DPSP helps in understanding how they guide
governance in economic, social, rural, and legal spheres. These
principles work together to establish a welfare state, ensuring
justice, equality, and national development.

Sheet 4: Amendments in DPSP


Amendments in Directive Principles of State Policy
DPSP have undergone changes through various constitutional
amendments to align with evolving socio-economic conditions. Some
key amendments include:
1. 42nd Amendment Act, 1976
 Added Article 39A (Equal justice and free legal aid).
 Added Article 43A (Participation of workers in management of
industries).
 Added Article 48A (Protection of the environment and wildlife).
2. 44th Amendment Act, 1978
 Gave precedence to DPSP over Fundamental Rights in certain
cases.
3. 86th Amendment Act, 2002
 Modified Article 45, making elementary education a
fundamental right.
4. 97th Amendment Act, 2011
 Added Article 43B, promoting cooperative societies.
These amendments have strengthened DPSP, ensuring they remain
relevant in modern governance.
Sheet 5: Importance and Utility of Directive Principles of State
Policy (DPSP)
The Directive Principles of State Policy (DPSP) play a fundamental
role in shaping the socio-economic framework of India. Although
they are non-justiciable, they provide a blueprint for governance,
guiding the state in policymaking and development.
1. DPSP as a Framework for Governance
 DPSP bridge the gap between law and morality, providing
ethical guidance to governments.
 They serve as a constitutional directive that ensures laws are
framed in alignment with the socio-economic goals of the
nation.
 Several landmark policies like the Right to Education (RTE) Act,
Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA), and Food Security Act are inspired by DPSP.
2. Welfare State and Socio-Economic Justice
 Article 38 directs the state to promote a just society by
reducing inequalities in income, wealth, and opportunities.
 Article 39 ensures equal pay, adequate livelihood, and social
security for workers.
 Article 41 and Article 42 focus on social security, maternity
relief, and humane working conditions.
🔍 Example: Implementation of minimum wages, labour welfare
laws, and social security schemes like EPF (Employees' Provident
Fund) and ESI (Employee State Insurance).
3. DPSP and Fundamental Rights: A Complementary Relationship
 While Fundamental Rights protect individual freedoms, DPSP
ensure collective welfare.
 Example: The Right to Education (Article 21A) was introduced
to fulfill Article 45 (DPSP).
 DPSP have influenced landmark judgments where courts have
interpreted rights in the light of socio-economic welfare.
4. Contribution to Economic Development
 Article 39(b) & (c) advocate equitable distribution of resources
and prevent wealth concentration.
 Article 43 promotes living wages and participation of workers in
industrial management.
 Article 47 directs the state to improve nutrition and public
health.
🔍 Example: Policies like Public Distribution System (PDS), National
Health Mission (NHM), and Ayushman Bharat.
5. Strengthening Decentralization and Rural Development
 Article 40 advocates for the organization of village panchayats,
leading to the 73rd Constitutional Amendment (1992).
 Article 46 focuses on the educational and economic welfare of
Scheduled Castes (SCs), Scheduled Tribes (STs), and other
weaker sections.
🔍 Example: Panchayati Raj system, SC/ST scholarships, mid-day meal
scheme.
6. Promotion of International Peace and Environmental Protection
 Article 51 directs the state to promote international peace and
cooperation.
 Article 48A mandates the state to protect and improve the
environment, forests, and wildlife.
🔍 Example: Environmental Protection Act (1986), National Green
Tribunal (NGT), and India’s participation in climate agreements.
Diagram: Role of DPSP in Governance
(A circular diagram showing the relation of DPSP with economic,
social, environmental, and political welfare.)
Conclusion
DPSP act as guiding principles that shape policies towards social
welfare, economic equality, and sustainable development. Even
though they are not legally enforceable, their importance in
governance cannot be overlooked.

Sheet 6: Amendments in DPSP


Constitutional Amendments Affecting DPSP
The Directive Principles have undergone modifications through
constitutional amendments to make them more relevant to
contemporary socio-economic needs.
1. 42nd Amendment Act, 1976 (Most Important)
 Added new DPSPs:
o Article 39A - Free legal aid to the poor.
o Article 43A - Workers' participation in industrial
management.
o Article 48A - Environmental protection.
 Strengthened Article 31C, allowing laws implementing certain
DPSPs to override Fundamental Rights (Article 14 & 19).
🔍 Impact: Strengthened welfare laws, led to free legal aid programs
and environmental protection policies.
2. 44th Amendment Act, 1978
 Weakened Article 31C, restoring the importance of
Fundamental Rights over DPSP.
 Ensured that laws violating Fundamental Rights cannot be
justified merely by DPSP.
🔍 Impact: Prevented misuse of DPSP to curb individual freedoms.
3. 73rd & 74th Amendment Acts, 1992
 Strengthened Article 40 (Panchayati Raj) by introducing local
governance at district, block, and village levels.
 Established Municipalities (Urban Local Bodies) under Article
243W.
🔍 Impact: Increased grassroots democracy and decentralization.
4. 86th Amendment Act, 2002
 Modified Article 45, making free and compulsory education a
Fundamental Right under Article 21A.
🔍 Impact: Led to the Right to Education (RTE) Act, 2009.
5. 97th Amendment Act, 2011
 Added Article 43B, recognizing cooperative societies and
promoting their development.
🔍 Impact: Strengthened the role of cooperative societies in
economic development.

Sheet 7: Directives Outside DPSP


DPSP-like Provisions in Other Parts of the Constitution
Although DPSP are contained in Part IV (Articles 36-51), there are
other constitutional provisions that function like directives.
1. Fundamental Duties (Article 51A)
 Though meant for citizens, Fundamental Duties align with DPSP.
 Example: Article 51A(g) directs citizens to protect the
environment, which complements Article 48A (DPSP).
2. Local Governance (Articles 243G & 243W)
 Panchayati Raj and Municipalities are directed to ensure social
justice and economic development.
3. Financial Directives (Article 282)
 Allows the Union and State Governments to make grants for
public welfare, in line with DPSP.
4. Tribal Welfare and Administration (Fifth & Sixth Schedule)
 Special provisions for tribal areas and protection of indigenous
rights align with Article 46 (DPSP).
Diagram: Directives Outside DPSP
(A flowchart showing DPSP, Fundamental Duties, and other directive
provisions in different parts of the Constitution.)

Sheet 8: Criticism of DPSP


While DPSP are significant, they have been criticized for various
reasons:
1. Non-Justiciability
 DPSP cannot be enforced in a court of law, making them less
effective compared to Fundamental Rights.
 Critics argue that their implementation depends on the
political will of the government.
2. Vague and Ambiguous
 Some DPSP are too general and open-ended, leading to
uncertain interpretations.
 Example: Article 39(b) & (c) talk about preventing wealth
concentration but do not specify how.
3. Conflict with Fundamental Rights
 In some cases, DPSP contradict Fundamental Rights.
 Example: Article 39(b) & (c) promote social justice, but earlier
versions of Article 31C allowed them to override Right to
Equality (Article 14).
4. Lack of Implementation
 Several DPSP remain unimplemented due to lack of resources
or political inertia.
 Example: Uniform Civil Code (Article 44) has been debated for
decades without implementation.
Conclusion
Despite criticisms, DPSP remain an essential constitutional tool to
guide policy and governance. They provide long-term goals for
building a just and equitable society.
Sheet 9: Relationship Between DPSP and Fundamental Rights
1. Introduction: Two Pillars of the Constitution
 Fundamental Rights (Part III, Articles 12-35) and DPSP (Part IV,
Articles 36-51) together form the core of India's constitutional
philosophy.
 Fundamental Rights focus on individual liberties, while DPSP
focus on collective welfare.
 Dr. B.R. Ambedkar described DPSP as the "novel feature" of
the Indian Constitution.
2. Key Differences Between Fundamental Rights and DPSP
Aspect Fundamental Rights DPSP
Justiciable (enforceable by Non-justiciable (not
Nature
courts) enforceable by courts)
Protect individual Promote social and economic
Objective
freedoms justice
Negative (restrict state
Scope Positive (guide state actions)
actions)
Example Article 21 - Right to Life Article 39A - Free legal aid
3. Complementary Relationship Between DPSP and Fundamental
Rights
 Though distinct, Fundamental Rights and DPSP are
complementary and aim for the same goal—a just and
equitable society.
 Examples of Harmony:
o Right to Education (Article 21A) → inspired by DPSP
Article 45.
o Right to Livelihood (Article 21 - expanded by SC) → aligns
with DPSP Article 39(a).
4. Judicial Interpretations and Conflicts
A. Initial Conflict: Fundamental Rights vs. DPSP
 Champakam Dorairajan Case (1951):
o SC ruled that Fundamental Rights prevail over DPSP if
there is a conflict.
o Impact: Laws contradicting Fundamental Rights were
struck down, weakening DPSP.
B. Attempt to Strengthen DPSP
 1st Amendment (1951) - Added Article 31A and 31B to protect
laws implementing DPSP.
 25th Amendment (1971) - Introduced Article 31C, giving DPSP
priority over Fundamental Rights (Article 14 & 19) in certain
cases.
C. Kesavananda Bharati Case (1973): The Balance
 Supreme Court ruled that Fundamental Rights cannot be
destroyed by DPSP.
 Established the Basic Structure Doctrine, ensuring neither DPSP
nor Fundamental Rights could be altered beyond a limit.
D. Minerva Mills Case (1980): Restoring Balance
 Struck down the unlimited power of DPSP over Fundamental
Rights.
 Restored the importance of Fundamental Rights, ensuring a
balance between the two.
5. Conclusion
 The state must harmonize Fundamental Rights and DPSP to
achieve justice.
 Judiciary plays a crucial role in ensuring a balanced
interpretation of both.
Sheet 10: Implementation of DPSP in India
1. How DPSP Have Influenced Government Policies
Though non-justiciable, DPSP have significantly influenced policy-
making and legislation.
DPSP Article Policy/Legislation Implemented
Article 39(b) & (c) (Wealth Nationalization of banks (1969), Land
distribution) reform laws
Article 39A (Free legal aid) Legal Services Authorities Act, 1987
Article 41 & 42 (Social MGNREGA (2005), Maternity Benefit
security, Maternity Relief) Act (1961)
Article 43 (Living wages) Minimum Wages Act (1948)
Prohibition of intoxicating drinks in
Article 47 (Public health)
Gujarat, Tobacco control policies
Article 48A (Environment
Environmental Protection Act (1986)
protection)
2. Challenges in Implementing DPSP
 Financial Constraints: Welfare schemes require high
expenditure.
 Political Will: Implementation often depends on the
government in power.
 Conflict with Fundamental Rights: Some policies get struck
down due to legal challenges.
3. Conclusion
 While progress has been made, full realization of DPSP
requires strong political commitment and judicial cooperation.
Sheet 11: DPSP and Welfare State in India
1. What is a Welfare State?
 A welfare state ensures economic and social justice.
 Provides education, healthcare, employment, and social
security.
2. DPSP as the Basis for a Welfare State
 Article 38: Promotes welfare of people by reducing
inequalities.
 Article 41: Provides right to work, education, and public
assistance.
 Article 42: Ensures humane working conditions.
3. Examples of Welfare Policies Inspired by DPSP
 Right to Education (2009): Inspired by Article 45.
 National Food Security Act (2013): Fulfills Article 47.
 Employment Guarantee Scheme (MGNREGA, 2005):
Implements Article 41.
4. Challenges in Making India a Welfare State
 Economic Constraints: Welfare programs require huge funding.
 Bureaucratic Corruption: Leakages in welfare programs reduce
effectiveness.
 Legal Conflicts: Striking a balance between Fundamental
Rights and DPSP remains a challenge.
5. Conclusion
 DPSP provide the roadmap for making India a welfare state.
 Requires strong governance, policy reforms, and judicial
support.

Sheet 12: Important Supreme Court Judgments on DPSP


Case Name Key Issue SC Ruling & Impact
Champakam Fundamental Rights Fundamental Rights
Dorairajan (1951) vs. DPSP prevail over DPSP
Kesavananda Bharati Basic Structure Balanced Fundamental
(1973) Doctrine Rights & DPSP
DPSP vs. Struck down excessive
Minerva Mills (1980)
Fundamental Rights DPSP power
Unnikrishnan Case Led to Article 21A (Right
Right to Education
(1993) to Education)
Olga Tellis Case Recognized Right to
Right to Livelihood
(1985) Livelihood (Article 21)

Sheet 13: Uniform Civil Code (UCC) and DPSP


1. Meaning of Uniform Civil Code (UCC)
 UCC (Article 44) aims for a common set of personal laws for all
citizens.
 Currently, personal laws differ for Hindus, Muslims, Christians,
etc..
2. Arguments in Favor of UCC
 Ensures equality by removing gender-based discrimination in
personal laws.
 Promotes national unity by creating a uniform legal framework.
 Fulfills DPSP objective of a secular and progressive society.
3. Arguments Against UCC
 Cultural Sensitivity: Different communities have different
traditions.
 Political Resistance: Some groups oppose it on religious
grounds.
4. Judicial Views on UCC
 Shah Bano Case (1985): SC advocated for UCC to ensure gender
justice.
 Sarla Mudgal Case (1995): SC urged the government to
implement UCC.
5. Current Status
 UCC is not yet implemented nationwide, but states like Goa
have a common civil code.
Sheet 14: DPSP and Environmental Protection
1. Introduction: Constitutional Mandate for Environmental
Protection
 DPSP includes provisions for environmental protection,
ensuring sustainable development.
 Fundamental Duties (Article 51A(g)) also emphasize citizens'
responsibility to protect nature.
2. Key Articles Related to Environmental Protection
Article Provision
Article 47 Duty of the state to improve public health and nutrition.
Article Provision

Protect and improve the environment and safeguard


Article 48A
forests and wildlife.
Article Fundamental duty of every citizen to protect and
51A(g) improve the environment.
3. Legislative and Policy Measures Inspired by DPSP
Law/Policy Year Purpose
Wildlife Protection Act 1972 Conservation of wildlife.
Water (Prevention & Control of Prevention and control of
1974
Pollution) Act water pollution.
Overall environmental
Environment Protection Act 1986
protection.
Air (Prevention & Control of
1981 Prevention of air pollution.
Pollution) Act
Speedy resolution of
National Green Tribunal (NGT) 2010
environmental cases.
4. Landmark Supreme Court Judgments on Environment
Case Key Issue Judgment
M.C. Mehta v. Union Taj Mahal SC ordered industries to
of India (1986) pollution reduce pollution.
Vellore Citizens
Industrial Introduced Polluter Pays
Welfare Forum
pollution Principle.
(1996)
Subhash Kumar v. Right to clean Declared clean
Case Key Issue Judgment
environment as part of
State of Bihar (1991) environment
Article 21.
5. Challenges in Environmental Protection
 Lack of Implementation: Laws exist but are poorly enforced.
 Industrial Pressure: Economic growth vs. sustainability.
 Public Awareness: Citizens often neglect environmental duties.
6. Conclusion
 DPSP plays a crucial role in shaping environmental laws.
 Judiciary ensures effective implementation through proactive
judgments.

Sheet 15: DPSP and Economic Planning in India


1. Introduction: Role of DPSP in Economic Policy
 DPSP guides economic planning to ensure equitable growth.
 Influences budget allocation, taxation policies, and economic
reforms.
2. Key DPSP Articles Related to Economic Planning
Article Provision
Article 38 Promote welfare state and reduce inequalities.
Article 39(b) & Prevent concentration of wealth, ensure fair
(c) resource distribution.
Article 41 Right to work, education, and social security.
Article 43 Promote cottage industries and workers' welfare.
3. Major Economic Policies Influenced by DPSP
Policy/Scheme Year DPSP Article Linked
Nationalization of Banks 1969 Article 39(b)
MGNREGA (Employment Guarantee Act) 2005 Article 41
Right to Education Act 2009 Article 45
Food Security Act 2013 Article 47
4. Challenges in Economic Planning
 Resource Allocation Issues: Budget constraints limit welfare
programs.
 Wealth Inequality: Rich-poor gap remains significant.
 Unemployment & Inflation: Affect long-term economic
stability.
5. Conclusion
 DPSP acts as a guiding framework for economic planning.
 Effective implementation is needed to achieve inclusive
growth.

Sheet 16: DPSP and Women Empowerment


1. Introduction: Women’s Rights Under DPSP
 DPSP promotes gender equality and social justice.
 Influences legislations on women’s safety, employment, and
property rights.
2. DPSP Articles Supporting Women’s Rights
Article Provision
Article 39(a) Equal pay for equal work.
Article 39(d) Protection of women from economic exploitation.
Article 42 Maternity relief and humane working conditions.
Article 44 Uniform Civil Code to ensure gender justice.
3. Key Laws for Women’s Empowerment Influenced by DPSP
Law/Policy Year DPSP Article Linked
Equal Remuneration Act 1976 Article 39(d)
Maternity Benefit Act 1961 Article 42
Dowry Prohibition Act 1961 Article 39(a)
Sexual Harassment at Workplace Act 2013 Article 42
4. Challenges in Women’s Empowerment
 Implementation Gaps: Laws exist but are often not enforced.
 Social and Cultural Barriers: Patriarchy hinders progress.
 Lack of Awareness: Many women remain unaware of their legal
rights.
5. Conclusion
 DPSP has shaped pro-women laws, but stronger
implementation is needed.
 Judiciary and activism play a key role in ensuring gender
justice.

Sheet 17: Importance of DPSP in Modern India


1. Why DPSP is Still Relevant Today?
 Guides government policies toward social and economic
justice.
 Judiciary uses DPSP to interpret laws and promote progressive
reforms.
 Addresses contemporary issues like poverty, environmental
protection, and gender equality.
2. Modern Reforms Aligned with DPSP
Reform/Policy DPSP Article Linked
Article 38 (Social justice through
Digital India Initiative
technology)
Ayushman Bharat (Health
Article 47 (Public health)
Insurance)
National Education Policy (NEP Article 45 (Free & compulsory
2020) education)
Article 43 (Promotion of cottage
Startup India Scheme
industries)
3. Criticism of DPSP
 Non-Justiciable Nature: Cannot be enforced in court.
 Political Influence: Implementation depends on ruling
governments.
 Economic Constraints: Welfare policies require heavy funding.
4. Future Scope of DPSP
 Strengthening Judicial Interpretation to integrate DPSP with
Fundamental Rights.
 Policy Reforms ensuring economic sustainability alongside
welfare.
 Public Awareness & Citizen Participation in governance.
5. Conclusion
 DPSP remains the moral and policy guide for India’s
development.
 Requires effective implementation, judicial support, and
political will.
Sheet 18: Reconciliation Between Fundamental Rights and Directive
Principles of State Policy
Understanding the Relationship
The Fundamental Rights (FRs) and Directive Principles of State
Policy (DPSP) together form the core of the Indian Constitution.
However, conflicts arise when DPSPs require state intervention that
may limit or alter Fundamental Rights. Over time, judicial
interpretations and constitutional amendments have attempted to
balance these two pillars of governance.
Judicial Evolution of the Conflict
🔹 Champakam Dorairajan Case (1951) – The Supreme Court ruled
that Fundamental Rights prevail over DPSP in case of conflict.
🔹 Golaknath Case (1967) – The court reiterated that Parliament
cannot amend Fundamental Rights, even if the amendment is to
enforce DPSP.
🔹 Kesavananda Bharati Case (1973) – Introduced the Basic Structure
Doctrine, allowing Parliament to amend FRs but not alter the
Constitution’s basic structure.
🔹 Minerva Mills Case (1980) – Declared that Fundamental Rights
and DPSP are complementary, and Parliament cannot destroy their
balance.
🔹 Indra Sawhney Case (1992) – Validated OBC reservations,
upholding social justice (DPSP) while maintaining reasonable
restrictions on Fundamental Rights.
Efforts to Balance FRs and DPSP
Fundamental Rights Directive Principles of State
Aspect
(FRs) Policy (DPSP)
Justiciable (Can be Non-justiciable (Cannot be
Enforceability
enforced in court) enforced in court)
Protect individual rights Promote socio-economic
Objective
& freedoms justice & welfare
Gradually gained equal
Initially given priority
Priority importance through
over DPSP (1950s-60s)
amendments & rulings
Judicial Supreme Court has DPSP used to justify welfare
Approach interpreted FRs broadly policies & reservations
Courts attempt DPSP increasingly used as a
Recent Trend
harmonization guiding framework
Conclusion:
Today, DPSP and Fundamental Rights work together in a
harmonious relationship, ensuring both individual freedom and
social justice. The judiciary plays a key role in striking a balance
through constitutional interpretation.

Sheet 19: Recent Developments and Case Studies Related to DPSP


1. Environmental Protection (Article 48A & 51A(g))
 MC Mehta v. Union of India (1987): Supreme Court ordered
closure of polluting industries near the Taj Mahal under DPSP
guidelines.
 Vellore Citizens' Welfare Forum Case (1996): Introduced the
polluter pays principle, enforcing environmental protection.
 National Green Tribunal (NGT) (2010): Established as per
Article 48A for environmental justice.
2. Right to Education (Article 45 & 21A)
 Unni Krishnan Case (1993): Court ruled that education up to 14
years is a Fundamental Right.
 86th Amendment (2002): Inserted Article 21A, making Right to
Education a Fundamental Right while reinforcing DPSP Article
45.
 RTE Act (2009): Ensures free and compulsory education for
children aged 6-14.
3. Food Security (Article 47 - Public Health & Nutrition)
 PUCL v. Union of India (2001): Supreme Court directed free
midday meals in schools.
 National Food Security Act (2013): Provides subsidized food
grains to 75% rural & 50% urban population.
4. Women Empowerment & Gender Justice (Article 39, 42, 44)
 Vishaka v. State of Rajasthan (1997): Recognized workplace
sexual harassment as a violation of women's dignity, leading
to the POSH Act (2013).
 Triple Talaq Case (2017): Supreme Court struck down instant
triple talaq, paving way for Uniform Civil Code (UCC)
discussions.
🔍 Conclusion: These cases highlight how DPSP influence modern
policies and judicial decisions, shaping India’s socio-economic
framework.

Sheet 20: Conclusion and Future of DPSP in India


Summary of DPSP’s Role in Indian Governance
1. DPSP provide a moral compass for governance and
policymaking.
2. They complement Fundamental Rights by ensuring socio-
economic justice.
3. Judicial interpretations have evolved to maintain harmony
between FRs & DPSP.
4. Major policies (Right to Education, Food Security, Environment
Laws) stem from DPSP principles.
5. Amendments & case laws have strengthened their impact on
governance.
Future of DPSP in India
✔ Stronger Environmental Protections (Article 48A) – Climate
change laws, Green Energy Policies.
✔ Uniform Civil Code (Article 44) – A possible step toward legal
uniformity.
✔ Social Security for Unorganized Workers (Article 41, 43) –
Strengthening welfare for gig workers & daily laborers.
✔ Technology & Education Policies (Article 45, 46) – Digital literacy,
AI integration in education.
Final Thought:
Though non-enforceable, DPSP remain a guiding force for
progressive legislation and a roadmap for India’s socio-economic
transformation. Their relevance continues to grow, shaping a just
and equitable future for all.
Sheet 21: Bibliography
A bibliography is essential to acknowledge sources and references
used in your project. Here’s how you can structure it:
Books & Constitutional Documents:
1. Granville Austin – The Indian Constitution: Cornerstone of a
Nation
2. DD Basu – Introduction to the Constitution of India
3. MP Jain – Indian Constitutional Law
4. VN Shukla – Constitution of India
5. Constituent Assembly Debates – Official transcripts available
on Government of India archives
Articles & Research Papers:
6. Dr. BR Ambedkar’s Speeches – Available in Lok Sabha archives
7. Supreme Court Landmark Judgments – Available on the
Supreme Court of India website
8. Journal of Indian Law Institute (JILI) – Articles on DPSP and
Fundamental Rights
Government Reports & Online References:
9. Ministry of Law & Justice (Govt. of India) – Reports on DPSP &
Amendments
10. National Green Tribunal (NGT) Reports – Environmental
laws under DPSP
11. PRS Legislative Research – Detailed analysis of DPSP-
linked policies
12. Legal Websites – www.indiankanoon.org,
www.legislative.gov.in
🔹 Note: If you used any additional textbooks, websites, or
government reports, list them here to enhance credibility!

Sheet 22: Final Conclusion


Significance of DPSP in Indian Constitutional Framework
The Directive Principles of State Policy (DPSP), though non-
justiciable, serve as a moral and philosophical guide for governance
in India. They aim to bridge socio-economic gaps, ensure justice and
welfare, and promote a fair and equitable society.
Key Takeaways from the Study:
✔ DPSP complement Fundamental Rights, ensuring a balance
between individual liberty and collective welfare.
✔ Judiciary plays a crucial role in interpreting DPSP & maintaining
harmony with Fundamental Rights.
✔ Landmark amendments & cases have strengthened the role of
DPSP in policymaking.
✔ DPSP-driven policies like RTE Act, Food Security Act,
Environmental Laws have shaped India’s development.
✔ Future prospects include UCC, stronger labor & environment
laws, and technological advancements in education.
Final Thought:
DPSP remain a crucial element of India’s constitutional vision,
continuously influencing legislation, governance, and judicial
decisions. As India moves toward economic growth and social
justice, DPSP will continue to shape policies for a fairer and more
inclusive society. Their legacy is a testament to the Constitution’s
vision of “Justice, Liberty, Equality, and Fraternity”.

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