Directive Principles of State Policy (Download Free Notes)

Overview: The underlying principle of the Directive Principles of State Policy (DPSP) is to establish a 'Welfare State.' The primary goal of incorporating the DPSP into the constitution was not merely to set up political democracy, but to lay the foundation for social and economic democracy.

These principles serve as essential guidelines or instructions for the government to consider when developing and implementing laws and policies for the country.

Directive Principles of State Policy (DPSP) is an important part of Constitution and for all state Judiciary examinations, law school, law practice, legal research, etc, it is a must to have a good command on this topic.

To help you with that we have curated this blog to make you understand the overview of Directive Principles of State Policy (DPSP) and it's notes to help you prepare this better.

In this blog we will cover:

• Introduction to Directive Principles of State Policy (DPSP)
• History of Directive Principles of State Policy
• Sources of DPSP
• Fundamental Rights vs. Directive Principles of State Policy
• Features of the Directive Principles of State Policy

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Introduction:

The Constitution of India establishes Directive Principles of State Policy which, although not enforceable by law, are considered essential for the governance of the country. It is the state's responsibility to implement these principles in the formulation of laws.

These principles aim to enhance the welfare of the people by establishing a social order where justice—social, economic, and political—is integral to all national institutions.

The DPSPs are outlined in Part IV of the Indian Constitution (Articles 36–51). Article 37 specifically details the application of these principles, which aim to ensure socio-economic justice and establish India as a welfare state.

The state is tasked with shaping its policies to ensure every individual has access to an adequate means of livelihood, equal pay for equal work, and, within its economic capabilities, provisions for employment, education, and public assistance in cases of unemployment, disability, sickness, old age, or other similar needs.

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Furthermore, the state strives to provide workers with a living wage, humane working conditions, a decent standard of life, and a role in the management of industries. In the economic realm, policies are directed towards distributing the ownership and control of community resources to benefit the common good and prevent the concentration of wealth and production means that could harm the community.

Other vital directives include ensuring that children have opportunities to grow healthily, mandating free and compulsory education up to the age of 14, promoting the educational and economic interests of scheduled castes, tribes, and other vulnerable groups, organizing village panchayats, separating the judiciary from the executive, and establishing a uniform civil code across the country.

Additional goals are the protection of national monuments, fostering justice based on equal opportunity, providing free legal aid, enhancing the environment, protecting forests and wildlife, promoting international peace and security, maintaining just and honorable international relations, adhering to international law, treaty obligations, and resolving international disputes through arbitration.

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History of Directive Principles of State Policy

In 1945, the Sapru Committee introduced a distinction within individual rights, categorizing them into justiciable and non-justiciable rights. Justiciable rights are known as Fundamental Rights, which are legally enforceable, whereas non-justiciable rights comprise the Directive Principles of State Policy (DPSP).

The DPSP in the Indian Constitution are ideals that guide the state in its policy formulation and law-making processes. The definitions and characteristics of these Directive Principles are as follows:

• They serve as an "instrument of instructions" as outlined in the Government of India Act, 1935.
• They aim to establish a framework for economic and social democracy in India.
• Unlike Fundamental Rights, DPSPs are not legally enforceable by the courts if they are violated, positioning them more as guiding principles rather than enforceable rights.

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The Directive Principles of State Policy (DPSP) in the Indian Constitution are not explicitly classified within the document itself; however, they are commonly grouped into three categories based on their underlying themes and objectives:

1. Socialistic Principles: These focus on promoting social equity and welfare, aiming to reduce economic disparities and improve living conditions for all citizens.
2. Gandhian Principles: Inspired by the teachings of Mahatma Gandhi, these principles emphasize rural development, self-sufficiency, and community-oriented policies.
3. Liberal-Intellectual Principles: This category promotes individual liberties, intellectual freedom, and aims to foster a progressive and enlightened society.

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Directive Principles Based on Socialist Principles

The Directive Principles of State Policy (DPSP) rooted in socialist principles aim to establish a society where social, economic, and political justice is not just an aspiration but a reality. These principles underpin the core directives that guide the state in creating a society where equity and justice are prioritized. The detailed articles from the Indian Constitution pertaining to these principles are as follows:

• Article 38: Mandates the state to promote the welfare of the people by ensuring a just social order and minimizing inequalities in income, status, and opportunities.
• Article 39: Directs the state to ensure policies that:
  • Guarantee an adequate means of livelihood for all citizens.
  • Ensure that the ownership and control of material resources benefit the common good.
  • Prevent the concentration of wealth and ensure equal pay for equal work across genders.
  • Safeguard the health and strength of workers and ensure that children and youth are protected from exploitation.
• Article 41: Obligates the state to secure the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability.
• Article 42: Calls for the state to ensure just and humane conditions of work and to provide maternity relief.
• Article 43: Encourages the state to secure a living wage and a decent standard of life for all workers.
• Article 43A: Requires the state to facilitate workers' participation in the management of industries.
• Article 47: Aims to enhance the nutrition level and standard of living of the populace and to foster improvements in public health.

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Directives Based on Gandhian Principles

These principles emphasize the empowerment of rural areas and the promotion of a self-sufficient, community-driven economy:

• Article 40: Urges the state to organize village panchayats as units of self-government.
• Article 43: Promotes the development of cottage industries on an individual or cooperative basis in rural settings.
• Article 43B: Supports the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.
• Article 46: Advocates for the promotion of the educational and economic interests of weaker sections of society, especially the Scheduled Castes (SCs), Scheduled Tribes (STs), and other marginalized communities.
• Article 47: Directs the state to enhance public health and prohibit the consumption of harmful intoxicants.
• Article 48: Calls for the prohibition of the slaughter of cows and other cattle and aims to improve their breeds.

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Directives Based on Liberal-Intellectual Principles

These principles focus on creating a progressive society with equal opportunities for all:

• Article 44: Seeks to implement a Uniform Civil Code across India.
• Article 45: Ensures early childhood care and education for all children until they reach six years of age.
• Article 48: Directs the organization of agriculture and animal husbandry along modern and scientific lines.
• Article 48A: Aims to protect and improve the environment and safeguard forests and wildlife.
• Article 49: Commits the state to protect monuments or places of historical or artistic interest.
• Article 50: Advocates for the separation of the judiciary from the executive in public services.
• Article 51: Promotes international peace and security, respect for international law, and the settlement of international disputes through arbitration.

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Amendments and Implementations in DPSP

Several constitutional amendments have reinforced the principles:

• 42nd Amendment, 1976: Introduced new directives for free legal aid, participation in management, and environmental protection.
• 44th Amendment, 1978: Enhanced the directive to minimize economic inequalities.
• 86th Amendment, 2002: Made elementary education a fundamental right.

Content of Directive Principles:

The Directive Principles of State Policy (DPSP) address a broad spectrum of issues ranging from social and economic justice to international relations. Here are some of the key principles articulated:

• Equality and Justice (Article 38): The state is tasked with fostering a social order that prioritizes justice—social, economic, and political—to enhance the welfare of its people.
• Elimination of Inequalities (Article 39): The state is directed to shape its policies such that the ownership and control of material resources benefit the common good and help reduce inequalities.
• Prohibition of Child Labor (Article 24): The state is committed to ensuring that children have the opportunity to grow in healthy, free, and dignified conditions, which includes eliminating child labor.
• Right to Work (Article 41): Within its economic capabilities and developmental stage, the state aims to effectively guarantee the rights to work, education, and public assistance to its citizens.
• Environmental Protection (Article 48-A): The state endeavors to enhance and protect the environment and conserve the country’s forests and wildlife.

These principles guide the state in its development policies and aim to create a balanced and equitable society that respects both human and environmental well-being.

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Conflicts and Judicial Interpretations

• Notable cases like Champakam Dorairajan v. State of Madras (1951) and Minerva Mills v. Union of India (1980) have clarified the relationship between Fundamental Rights and DPSPs, emphasizing that while Fundamental Rights hold primacy, the DPSPs guide the state towards achieving a comprehensive social welfare state.

Implementation

• Comprehensive reforms in land, labor, education, health, and environmental protection align with these principles, demonstrating the state's commitment to translating these lofty ideals into actionable policies that profoundly impact the social fabric of the nation.

Sources of the Directive Principles of State Policy (DPSP)

• Influence from Irish Constitution: The DPSP in the Indian Constitution draw significant inspiration from the Irish Constitution, which itself incorporated these concepts from the Spanish legal framework. This international borrowing highlights the global influences on India's constitutional design.

• Government of India Act, 1935: Some of the immediate foundations for the DPSP were derived from the Instruments of Instructions outlined in the Government of India Act, 1935. These instructions initially directed the governance protocols for British colonial administrators and were adapted to guide policy-making in independent India.

• Sapru Report, 1945: This report was instrumental in shaping the constitutional framework of India, recommending the inclusion of both Fundamental Rights, which are justiciable, and the DPSP, which are non-justiciable. This dual approach was designed to balance enforceable legal rights with guiding principles for state governance.

These sources collectively contributed to the formulation of the DPSP, reflecting a blend of indigenous ideas and international legal practices to guide India towards being a comprehensive welfare state.

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Fundamental Rights vs. Directive Principles of State Policy:

Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) serve distinct roles within the Indian Constitution. Unlike the more defined scope of Fundamental Rights, the DPSP encompass a broader spectrum of ideals that guide the state in policy formulation and lawmaking at a macro level.

While Fundamental Rights are enforceable by law and primarily serve as limitations on the state's power, protecting individual liberties, Directive Principles function as affirmative recommendations that the state is encouraged to follow but cannot be legally enforced; they are non-justiciable.

Directive Principles aim to direct the state towards certain standards of social and economic development, whereas Fundamental Rights provide a safeguard against the infringement of individual freedoms by the state, often characterized as negative or prohibitive rights because they restrict state action.

It is critical to understand that DPSP and FRs are complementary; one is not subordinate to the other. Both sets of rights work together to foster a holistic development framework that balances individual rights with collective welfare.

Balancing Act: The Directive Principles of State Policy (DPSP) work alongside the Fundamental Rights to maintain a nuanced balance between individual freedoms and the collective welfare. While Fundamental Rights provide enforceable legal protections, the DPSPs serve as guidelines for government policy-making, helping to navigate and reconcile various competing interests to foster societal good.

Challenges and Criticisms: Over time, the non-enforceability of the DPSPs has drawn significant critique. Some advocates argue for making these principles justiciable to ensure governmental accountability and consistent adherence. Criticisms also point to the sporadic implementation of these principles, with political motives often overshadowing the long-term objectives of the DPSP, thereby hindering systematic progress toward the goals they embody.

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Features of the Directive Principles of State Policy (DPSP)

• Non-enforceability: The DPSP are not enforceable by any court of law. This non-justiciability is rooted in practical considerations; the state may lack the necessary resources to implement these principles fully or might develop more progressive legislation that aligns with the evolving needs of society.

• Guiding Ideals: These principles encapsulate the ideals that the state should aspire to while formulating policies and enacting laws. They serve as a fundamental guide to governance and lawmaking, aiming to direct the state towards fostering a just society.

• Historical Background: The DPSP originated from the Government of India Act, 1935, where they were introduced as instructions to the Governors of British Indian colonies. This historical context highlights their initial role in colonial administration, evolving significantly in independent India.

• Comprehensive Guidelines: The DPSP provide a broad set of economic, social, and political guidelines. They are intended to steer India towards the ideals of justice, liberty, equality, and fraternity as outlined in the Constitution's Preamble, which lays down the objectives to be achieved by the state.

• Objective of a Welfare State: The inclusion of the DPSP was aimed at transitioning India from the colonial governance model to a "welfare state." This concept emphasizes a government that actively works for the welfare of its people, a stark contrast to the priorities during the colonial era.

These features underscore the DPSP's role as a cornerstone in shaping the ethical and legislative framework of India, guiding the nation towards comprehensive social welfare and democratic governance.

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Conclusion:

The Directive Principles of State Policy embody the aspirations of the Constitution's framers for a fair and just society. Although they are not legally binding, their value lies in influencing and molding public policy to improve the welfare of all citizens. As India progresses, the DPSPs continue to serve as a guiding light, steering the country towards achieving its foundational ideals.