Directive Principles of State Policy (DPSP)
The Directive Principles of State Policy (DPSP), contained in Part IV (Articles 36-51) of the Indian Constitution, are fundamental in the governance of the country. For Allahabad High Court RO/ARO and UPPSC aspirants, questions frequently focus on specific article numbers, sources borrowed from, socialist/Gandhian/liberal-intellectual classifications, and amendments that added new directives.
Introduction, Nature & Borrowed Features
Understanding the foundational framework, non-justiciable nature, and philosophical origins of the Directive Principles.
- Constitutional Provision: Contained in Part IV of the Indian Constitution spanning from Article 36 to Article 51.
- Source of Inspiration: Borrowed from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.
- Non-Justiciable Nature: Under Article 37, DPSP are non-enforceable by any court, yet they are 'fundamental in the governance of the country'.
- Instrument of Instructions: Dr. B.R. Ambedkar noted that DPSP are akin to the 'Instrument of Instructions' issued under the Government of India Act 1935.
- Social Welfare State: Aim to establish social and economic democracy in the country, transforming India into a welfare state.
Classification of DPSP: Socialist & Gandhian Principles
Although the Constitution does not classify DPSP explicitly, they are categorized based on their ideological source into Socialist, Gandhian, and Liberal-Intellectual principles.
- Socialist Principles (Art 38, 39, 39A, 41, 42, 43, 43A, 47): Aim to provide social and economic justice, minimizing inequalities in income, and ensuring right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.
- Gandhian Principles (Art 40, 43, 43B, 46, 47, 48): Based on Gandhian ideology; include organizing village panchayats (Art 40), promoting cottage industries, cooperative societies (Art 43B), promoting educational/economic interests of SCs/STs/weaker sections (Art 46), and prohibition of intoxicating drinks (Art 47).
- Article 40 - Village Panchayats: Directs the State to organize village panchayats and endow them with necessary powers to function as units of self-government (later actualized via 73rd Amendment).
- Article 48 - Agriculture & Animal Husbandry: Organize agriculture and animal husbandry on modern lines; prohibit slaughter of cows, calves, and other milch and draught cattle.
- Article 43B - Cooperative Societies: Added by the 97th Constitutional Amendment Act of 2011, directing the state to promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperatives.
Liberal-Intellectual Principles & International Peace
Directives representing the liberal ideology, focusing on uniform civil code, judiciary separation, international peace, and scientific development.
- Article 44 - Uniform Civil Code: Secures for the citizens a Uniform Civil Code (UCC) throughout the territory of India. Goa is currently the only state with a civil code akin to UCC.
- Article 45 - Early Childhood Care: Provides that State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
- Article 49 - Monuments Protection: Obligation of the State to protect monuments, places, and objects of artistic or historic interest declared to be of national importance.
- Article 50 - Separation of Judiciary: Directs the State to take steps to separate the judiciary from the executive in the public services of the State.
- Article 51 - International Peace & Security: Promote international peace and security, maintain just and honorable relations between nations, foster respect for international law, and encourage settlement of international disputes by arbitration.
Conflicts Between Fundamental Rights and DPSP
Landmark judicial pronouncements regarding the supremacy between Part III and Part IV of the Constitution.
- Champakam Dorairajan Case (1951): Supreme Court ruled that in case of any conflict between Fundamental Rights and DPSP, the Fundamental Rights would prevail. DPSP were deemed subsidiary to FRs.
- Golaknath Case (1967): Supreme Court held that Parliament cannot abridge or take away any Fundamental Rights to enact laws for implementing DPSP.
- 25th Amendment Act (1971): Inserted Article 31C, providing that any law made to implement socialist DPSPs (Art 39b & c) cannot be challenged on the ground of violation of Articles 14, 19, or 31.
- Kesavananda Bharati Case (1973): Supreme Court upheld the validity of the first provision of Article 31C, but struck down the second part allowing judicial review bar as unconstitutional.
- Minerva Mills Case (1980): Supreme Court held that Indian Constitution is founded on the bedrock of the balance between Fundamental Rights and DPSP. Harmony and balance between two is an essential feature of the basic structure.
Key Questions & Answers
- Which article of the Indian Constitution defines 'State' for the purpose of DPSP?
- Article 36, which states that 'State' has the same meaning as in Part III (Article 12) unless the context otherwise requires.
- Which constitutional amendment added the directive for worker participation in management?
- The 42nd Constitutional Amendment Act of 1976 added Article 43A.
- Are Directive Principles enforceable by the Supreme Court under Article 32?
- No, DPSP are non-justiciable under Article 37 and cannot be enforced directly through courts.
- Which Article directs the state to organize Village Panchayats?
- Article 40 (Gandhian Principle).
- Which case established that DPSP and Fundamental Rights must exist in a balanced harmony without one subverting the other?
- Minerva Mills Case (1980).