The Directive Principles of State Policy

It is our responsibility to thoroughly understand the Directive Principles of State Policy(DPSP) in India which serve as guiding principles for the governance of the country by its government. Although these principles are not legally enforceable by any court, they do hold a ‘Fundamental’ status in the governance of our nation. As such, it is the responsibility of the State to incorporate these principles in the formulation of laws, hence aiming to establish a just society within the country. Additionally, these principles find inspiration from the Directive Principles outlined in the Constitution of Ireland and cover aspects such as social justice, economic welfare, foreign policy, and legal and administrative matters.

Highlights of Directive Principles of State Policy

Directive Principles of State Policy(DPSP)
DPSP Borrowed from which Country’s Constitution?	DPSP has been borrowed from the Constitution of Ireland
From which Irish Movement have the DPSP got motivation?	The Irish Home Rule Movement
Which Part of the Indian Constitution is DPSP a part of?	Part IV of the Indian Constitution
Articles under DPSP	There are 15 Articles, from Article 36 to Article 51 within which there are sub-parts too.
Who characterised DPSP as a ‘novel feature’ of the Indian Constitution?	Dr. Bhimrao Ramji Ambedkar
Do the DPSPs hold a subordinate status in comparison to the Fundamental Rights?	A harmony exists between the two. DPSP can be modified to uphold Fundamental Rights as long as it does not jeopardise the Basic Structure of the Indian Constitution.
Are DPSP Justiciable?	No, the DPSP are non-justiciable.
Amendments to the DPSP	7th Amendment Act of 1956
	42nd Amendment Act of 1976
	44th Amendment Act of 1978
	86th Amendment Act of 2002
	97th Amendment Act of 2011
3 Foundational Principles of DPSP	Socialist PrinciplesGandhian PrinciplesLiberal and Intellectual Principles
Significant Developments in DPSP	Minimum Wages Act of 1948 (Article 43)
	Equal Remuneration Act of 1976 (Article 39)
	Consumer Protection Act of 1986
	Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989 (Article 46)

Also Read: Consumer Rights in India

What is the History of the Directive Principles of State Policy?

In the year 1945, the Sapru Committee proposed a classification of individual rights into two categories. One category comprises justiciable rights which are known as Fundamental Rights, while the other includes non-justiciable rights, referred to as the Directive Principles of State Policy (DPSP).

The DPSP serve as guiding ideals for the State when formulating policies and enacting laws. 

Furthermore, numerous definitions of DPSP exist, they are:

1. DPSPs aim to establish economic and social democracy within the country.
2. DPSP is considered an ‘instrument of instruction’ as outlined in the Government of India Act, 1935.
3. Despite their importance, DPSPs are not legally enforceable by the courts in case of violation.

Also Read: Important Articles of the Indian Constitution

What are the Characteristics of the DPSP?

The Characteristics of the DPSP are as follows:

• The DPSP represent the ideals that the state should aspire to achieve.
• Additionally, they provide guidelines for the exercise of legislative and executive powers.
• The DPSP contain the rights of citizens that the State must work to secure.

Also Read: Sources of the Indian Constitution

What are the 3 Foundational Principles of DPSP?

The 3 Foundational Principles of the DPSP are:

1. Socialist Principles 
2. Gandhian Principles
3. Liberal and Intellectual Principles 

Socialist Principles of the Directive Principles of State Policy

These principles are focused on achieving social and economic justice, paving the way for the establishment of a welfare state. Articles under the Socialist Principles of the DPSP are:

Socialist Principles of the Directive Principles of State Policy
Article	Description
Article 38 {State to secure a social order for the promotion of the welfare of the people.}	[1] The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.  [2] The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. Note: 44th Amendment Act of 1978
Article 39{Certain principles of policy to be followed by the State.}	The State shall, in particular, direct its policy towards securing:
	(a) that the citizens, men and women equally, have the right to an adequate means of livelihood
	(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good
	(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment
	(d) that there is equal pay for equal work for both men and women
	(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength
	(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.Note: 42nd Amendment Act of 1976
Article 39A{Equal justice and free legal aid.}	The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.Note: 42nd Amendment Act of 1976
Article 41{Right to work, to education and to public assistance in certain cases.}	The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 42{Provision for just and humane conditions of work and maternity relief.}	The State shall make provision for securing just and humane conditions of work and for maternity relief.
Article 43{Living wage, etc., for workers.}	The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Article 43A{Participation of workers in the management of industries.}	The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. Note: 42nd Amendment Act of 1976
Article 47{Duty of the State to raise the level of nutrition and the standard of living and to improve public health.}	The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Gandhian Principles of the Directive Principles of State Policy

These principles are rooted in the Gandhian ideology, which was employed to articulate the reconstruction program outlined by Gandhi during the national movement. Articles under the Gandhian Principles of the DPSP are:

Gandhian Principles of the Directive Principles of State Policy
Article	Description
Article 40{Organisation of village panchayats.}	The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
Article 43A{Participation of workers in the management of industries.}	The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
Article 43B{Promotion of co-operative societies.}	The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. Note: 97th Amendment Act of 2011
Article 46{Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.}	The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
Article 47{Duty of the State to raise the level of nutrition and the standard of living and to improve public health.}	The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
Article 48{Organisation of agriculture and animal husbandry.}	The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Liberal and Intellectual Principles of the Directive Principles of State Policy

Additionally, these principles reflect Liberalism and its ideology. Articles under the Liberal and Intellectual Principles of the DPSP are as follows:

Liberal and Intellectual Principles of the Directive Principles of State Policy
Article	Description
Article 44{Uniform civil code for the citizens.}	The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Article 45{Provision for early childhood care and education to children below the age of six years.}	The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Article 48{Organisation of agriculture and animal husbandry.}	The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Note: 42nd Amendment Act of 1976	The State shall endeavour to provide early childhood care and education for all children until they reach the age of six years. Note: The 86th Amendment Act of 2002 made Elementary Education a Fundamental Right under Article 21A.
Article 49{Protection of monuments and places and objects of national importance.}	Article 48A{Protection and improvement of environment and safeguarding of forests and wildlife.}
Article 50{Separation of judiciary from the executive.}	The State shall take steps to separate the judiciary from the executive in the public services of the State.
Article 51{Promotion of international peace and security.}	The State shall endeavour to:
	(a) promote international peace and security
	(b) maintain just and honourable relations between nations
	(c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another
	(d) encourage settlement of international disputes by arbitration

Amendments of the Directive Principles of State Policy

Making Constitutional Amendments to the DPSP needs approval through a special majority in both houses of Parliament. In addition, this implies that an Amendment must be approved by two-thirds of the members present and voting, as well as by the absolute majority of the respective house, whether it be the Lok Sabha or Rajya Sabha.

There have been a couple of Amendments to the Directive Principles of State Policy, they are:

Amendments of the Directive Principles of State Policy
Amendment	Article	Description
97th Amendment Act of 2011	Article 43B	Promotion of co-operative societies. “The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.”
86th Amendment Act of 2002	Article 21A	Article 21A, Free and Compulsory Education of all children from ages 6 to 14 years, was made a Fundamental Right because of Article 45.
	Article 45	The matter of the Article was changed. “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”
44th Amendment Act of 1978	Article 38[2]	[2] “The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.”
42nd Amendment Act of 1976	Article 39(f)	Point (f) was added.  (f) “that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.”
	Article 39A	Added Equal justice and free legal aid. “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”
	Article 43A	Added Participation of workers in the management of industries. “The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.”
	Article 48A	Added Protection and improvement of environment and safeguarding of forests and wild life. “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
7th Amendment Act of 1956	Article 49	added  “declared…Parliament” “It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, [declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.”

Additionally, you could also understand and learn about the other Important Amendments to the Indian Constitution! 

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