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Home/UPSC CSE - Complete Course/Indian Polity & Constitution

Directive Principles of State Policy (Part IV)

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Analytical Overview

  • Instrument of Instructions: The DPSP (Articles 36-51) in Part IV are enumerated from the 'Instrument of Instructions' contained in the Government of India Act of 1935. They were borrowed from the Irish Constitution (which borrowed them from Spanish).
  • Novel Features: Dr. B.R. Ambedkar described DPSP as 'Novel Features' of the Constitution. They aim at establishing Social and Economic Democracy in the country.
  • Non-Justiciable Nature: Unlike Fundamental Rights, DPSP are non-justiciable (Article 37), meaning they are not legally enforceable by the courts for their violation. However, the Constitution itself declares that they are 'fundamental in the governance of the country'.
  • Modern State Ideal: They embody the concept of a 'Welfare State' and not a 'Police State' which existed during the British era.

Classification of DPSP

Though the Constitution does not formally classify them, DPSP are usually classified into three broad categories based on their content and direction:

  1. Socialistic Principles: Aimed at providing social and economic justice and setting the path towards a welfare state (e.g., Articles 38, 39, 39A, 41, 42, 43, 43A, 47).
  2. Gandhian Principles: Based on the Gandhian ideology, representing the programme of reconstruction enunciated by Gandhi during the national movement (e.g., Articles 40, 43, 43B, 46, 47, 48).
  3. Liberal-Intellectual Principles: Reflect the ideology of liberalism (e.g., Articles 44, 45, 48, 48A, 49, 50, 51).

Article & Provision Matrix

ArticleProvisionSimplified Meaning
38Social OrderTo promote the welfare of people by securing a social order permeated by justice.
39Policies to be followedPrinciples like equal pay for equal work, prevention of concentration of wealth.
39ALegal AidEqual justice and free legal aid to the poor.
40Village PanchayatsTo organize village panchayats as units of self-government.
41Right to WorkRight to work, education, and public assistance in cases of unemployment/old age.
42Maternity ReliefJust and humane conditions of work and maternity relief.
43Living WageLiving wage and decent standard of life for workers.
43AWorkers in ManagementParticipation of workers in the management of industries.
43BCo-operative SocietiesPromotion of co-operative societies (97th Amendment).
44Uniform Civil CodeUniform Civil Code for the citizens throughout the territory of India.
45Early Childhood CareProvision for early childhood care and education for all children until age 6.
46SCs/STs InterestsPromotion of educational and economic interests of SCs, STs, and ABCs.
47Public HealthRaising the level of nutrition, standard of living and improving public health.
48Agriculture/Animal HusbandryOrganisation of agriculture and animal husbandry; prohibition of cow slaughter.
48AEnvironmentProtection and improvement of environment and safeguarding of forests/wildlife.
49MonumentsProtection of monuments, places and objects of national importance.
50Judiciary vs ExecutiveSeparation of the judiciary from the executive in the public services.
51International PeacePromotion of international peace and security.

FRs vs. DPSP: The Conflict

  • Champakam Dorairajan Case (1951): SC ruled that FRs are superior to DPSP. DPSP have to run as subsidiary to FRs.
  • Golaknath Case (1967): SC held that FRs cannot be amended for the implementation of DPSP.
  • 25th Amendment (1971): Introduced Article 31CтАФgave precedence to Directive Principles in Article 39(b) and 39(c) over Fundamental Rights in Articles 14, 19, and 31.
  • Kesavananda Bharati Case (1973): Upheld the first part of Article 31C but struck down the second part (saving it from judicial review).
  • Minerva Mills Case (1980): SC stated that the Indian Constitution is founded on the bedrock of the balance between Part III (FRs) and Part IV (DPSP). Giving absolute primacy to one over the other disturbs the basic structure.

The Expert's Corner

High-Yield Insights

  1. Uniform Civil Code (Art 44): Currently, Goa is the only state in India that has a Uniform Civil Code (inherited from the Portuguese system).
  2. Article 45 & 86th Amendment: Originally Art 45 covered education for 6-14 years. The 86th Amendment made it a Fundamental Right (Art 21A) and changed Art 45 to Early Childhood Care (below 6 years).
  3. Directives Outside Part IV: There are some directives outside Part IV too, like Article 335 (Claims of SCs/STs to services), Article 350A (Mother tongue instruction), and Article 351 (Development of Hindi language). These are also non-justiciable.
  4. Suspension: DPSP cannot be suspended during an emergency because they are not 'enforceable rights' to begin with.