Directive Principles of State Policy (DPSP)

Directive Principles of State Policy (DPSP):

According to B.R Ambedkar, DPSP is the “Novel features” and “Soul of constitution” of the Indian constitution.

DPSP is the “Conscience of constitution”Granville Austin

The Directive Principles of State Policy (DPSP) are mentioned in Part IV of the Indian Constitution from Articles 36 to 51.  

  • The idea of DPSP is borrowed from the Constitution of Ireland.

Objectives:

  • It Promote concept of “Welfare State” and “Inclusive Growth.”
  • To establishes social and economic democracy in the country.

Nature:

  • It is dynamic in nature to provide social and economic justice.
  • DPSP is non-justiciable, non-enforceable by court of law.
  • Government can implement provisions of DPSP by legislative actions.

 

FUNDAMENTAL RIGHTS Vs DPSPs

FUNDAMENTAL RIGHTS

DPSPs

Borrowed from constitution of USA.

Borrowed from Irish constitution.

Enumerated in Part III from Articles 12 – 35.

Enumerated in Part IV from Articles 36 – 51.

Justiciable in nature.

Non-justiciable in nature.

Negative connotation– Prohibit the state from doing certain things.

Positive connotation – Enables the state to do certain things.

To establishing political democracy.

To establishing social and economic democracy.

Aim – Welfare of the individual.

Aim – welfare of the community/society.

Automatically enforced.

Legislation requires for enforcement of provisions.

 

Note: DPSP is not subordinate to Fundamental Rights.

 




Short Note on DPSP

Classifications of Directive Principles of State Policy (DPSPs):

The Constitution does not contain any classification of Directive Principles. But, according to their ideological origin and goals, the Directive Principles are categorised. These are based on:

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

ARTICLEs of DPSPs: SOCIALIST PRINCIPLES

 

Article 38           

To promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities.

 

 

 

 

Article 39

Towards Securing citizens:

a)       Right to adequate means of livelihood for all citizens.

b)      Equitable distribution of material resources of the community for the common good.

c)       Prevention of concentration of wealth and means of production.

d)      Equal pay for equal work for men and women.

e)       Preservation of the health and strength of workers and children against forcible abuse.

f)       Opportunities for the healthy development of children.

Article 39A

Promote equal justice and free legal aid to the poor.

Article 41

           

To securing Right to work, Right to education and public assistance in cases of unemployment, old age, sickness and disablement, secure citizens.

Article 42

To make provision for just and humane conditions of work and maternity relief.

Article 43

To secure a living wage, a decent standard of living and social and cultural opportunities for all workers.

Article 43A

To take steps to secure the participation of workers in the management of industries.

Article 47

To raise the level of nutrition and the standard of living of people and to improve public health.

ARTICLEs of DPSPs: GANDHIAN PRINCIPLES

Article 40

To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.

Article 43

To promote cottage industries on an individual or co-operation basis in rural areas.

Article 43B

To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

Article 46

To promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation

Article 47

To prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Article 48

To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds

ARTICLEs of DPSPs: LIBERAL AND INTELLECTUAL PRINCIPLES

Article 44

To secure for all citizens a Uniform Civil Code throughout the country.

Article 45

Provide early childhood care and education for all children until they complete the age of six years.

Article 48

To organise agriculture and animal husbandry on modern and scientific lines.

Article 49

To protect monuments, places and objects of artistic or historic interest which are declared to be of national importance.

Article 50

To separate the judiciary from the executive in the public services of the State.

 

Article 51

Promote international peace and security and maintain just and honourable relations between nations:

To foster respect for international law and treaty obligations

To encourage settlement of international disputes by arbitration

 

Constitutional Amendment added new Directive Principles:

42nd Amendment Act, 1976 added four new Directive Principles:

  • Article 39: To secure opportunities for the healthy development of children.
  • Article 39A: To promote equal justice and to provide free legal aid to the poor.
  • Article 43A: To take steps to secure the participation of workers in the management of industries.
  • Article 48A: To protect and improve the environment and to safeguard forests and wildlife.

 

44th Amendment Act of 1978:

Article 38:  Which requires the State to minimise inequalities in income, status, facilities and opportunities.

86th Amendment Act of 2002:

It changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of 14 years.

97th Amendment Act of 2011:

Article 43B: It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

 

Limitations of Directive Principles of State Policy (DPSPs):

  • No legal force: Due to non-justiciable character.
  • It is illogically arranged.
  • It is conservative in nature.
  • There may be constitutional conflict between centre and state.

 

Hint: Prelims Based (Most expected Questions can asked)

For UPSC, UPPSC, BPSC, and other Competitive exams related to Directive Principles –

  • Nature of DPSP?
  • DPSP mentioned in Part?
  • DPSP borrowed from?
  • Articles of DPSP?
  • Added New Articles of DPSP through Amendments?
  • Principles of DPSP?
  • Important Articles like 37, 39, 39A, 40, 44, 48A, 50 and 51.

  

ARTICLES RELATED TO DIRECTIVE PRINCIPLES OF STATE POLICY

Article 36

Definition of State

Article 37

Application of the principles: Non-justiciable.

Article 38

State to secures social order for the promotion of welfare of the people

Article 39

Certain principles of policy to be followed by the State

Article 39A

Equal justice and free legal aid

Article 40

Organisation of village panchayats

Article 41

Right to work, to education and to public assistance in certain cases

Article 42

Provision for just and humane conditions of work and maternity relief

Article 43A

Living wage, etc. for workers Participation of workers in management of industries

Article 43B

Promotion of co-operative societies

Article 44

Uniform civil code for the citizens

Article 45

Provision for early childhood care and education to children below the age of the six years

Article 46

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

Article 47

Duty of the State to raise the level of nutrition and the standard

of living and to improve public health

Article 48

Organisation of agriculture and animal husbandry

Article 48A

Protection and improvement of environment and safeguarding of forests and wildlife

Article 49

Protection of monuments and places and objects of national importance

Article 50

Separation of judiciary from executive

Article 51

Promotion of international peace and security

 


References: Indian Polity by M. Laxmikant, GoI.

 

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