DPSP

Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State
Policy (DPSP). They are borrowed from the Constitution of Ireland, which had copied it from
the Spanish Constitution. This article will solely discuss the Directive Principles of State
Policy, its importance in the Indian Constitution and the history of its conflict with
Fundamental Rights
The Sapru Committee in 1945 suggested two categories of individual rights. One being
justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are
the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of
State Policy.
DPSP are ideals which are meant to be kept in mind by the state when it formulates policies
and enacts laws.
There are various definitions to Directive Principles of State which are given below:
• They are an ‘instrument of instructions’ which are enumerated in the Government of

India Act, 1935.
• They seek to establish economic and social democracy in the country.
• DPSPs are ideals which are not legally enforceable by the courts for their violation.
Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but on the basis of their content and
direction, they are usually classified into three types-
• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:
DPSP – Socialistic Principles
Definition: They are the principles that aim at providing social

and economic justice and set the path towards the welfare state.
Under various articles, they direct the state to:
Article Promote the welfare of the people by securing a social

38 order through justice—social, economic and political—
and to minimise inequalities in income, status, facilities
and opportunities
Article Secure citizens:

39
• Right to adequate means of livelihood for all
citizens
• Equitable distribution of material resources of
the community for the common good
• Prevention of concentration of wealth and means
of production
• Equal pay for equal work for men and women
• Preservation of the health and strength of
workers and children against forcible abuse
• Opportunities for the healthy development of
children
Article Promote equal justice and free legal aid to the poor
39A
Article In cases of unemployment, old age, sickness and
41 disablement, secure citizens:
• Right to work
• Right to education
• Right to public assistance
Article Make provision for just and humane conditions of work
42 and maternity relief
Article Secure a living wage, a decent standard of living and
43 social and cultural opportunities for all workers
Article Take steps to secure the participation of workers in the
43A management of industries
Article Raise the level of nutrition and the standard of living of
47 people and to improve public health
DPSP – Gandhian Principles
Definition: These principles are based on Gandhian ideology

used to represent the programme of reconstruction enunciated
by Gandhi during the national movement. Under various articles,
they direct the state to:
Article Organise village panchayats and endow them with

40 necessary powers and authority to enable them to
function as units of self-government
Article Promote cottage industries on an individual or co-

43 operation basis in rural areas
Article Promote voluntary formation, autonomous
43B functioning, democratic control and professional
management of co-operative societies
Article Promote the educational and economic interests of SCs,

46 STs, and other weaker sections of the society and to
protect them from social injustice and exploitation
Article Prohibit the consumption of intoxicating drinks and

47 drugs which are injurious to health
Article Prohibit the slaughter of cows, calves and other milch
48 and draught cattle and to improve their breeds
DPSP – Liberal-Intellectual Principles
Definition: These principles reflect the ideology of liberalism.

Under various articles, they direct the state to:
Article Secure for all citizens a uniform civil code throughout

44 the country
Article Provide early childhood care and education for all

45 children until they complete the age of six years. (Note:
86th Amendment Act of 2002 changed the subject
matter of this article and made elementary education a
fundamental right under Article 21 A.)
Article Organise agriculture and animal husbandry on modern

48 and scientific lines
Article Protect monuments, places and objects of artistic or

49 historic interest which are declared to be of national
importance
Article Separate the judiciary from the executive in the public

50 services of the State
Article • Promote international peace and security and
51 maintain just and honourable relations between
nations
• Foster respect for international law and treaty
obligations
• Encourage settlement of international disputes
by arbitration
What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles in the list:
S.No Article New DPSPs
1 Article To secure opportunities for the healthy

39 development of children
2 Article To promote equal justice and to provide free legal

39A aid to the poor
3 Article To take steps to secure the participation of

43A workers in the management of industries
4 Article To protect and improve the environment and to

48A safeguard forests and wildlife
Criticism of Directive Principles of State Policy
1. It has no legal force

2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state
Difference between Fundamental Rights and Directive Principles of State Policy (DPSP)
Difference between Fundamental Rights and Directive Principles of State Policy
The major differences between Fundamental Rights and Directive Principles of State Policy
are given below:
Fundamental Rights Directive Principles of State

Policy
Part 3 of the Constitution of India Directive Principles are

contains the Fundamental Rights written in Part 4 of the
guaranteed to the citizens of Constitution of India. They
India. Articles 12-35 of the are given in Articles 36-51 of
the Constitution of India.
Constitution of India deal with
Fundamental Rights.
The basic rights that are Directive Principles of the

guaranteed to Indian citizens by Indian constitution are the
the Constitution of India are guidelines to be followed by
known as Fundamental Rights the Government while
framing policies.
Political Democracy is Economic and Social

established in India with the help Democracy is established
of Fundamental Rights given in with the help of the Directive
the Constitution of India. Principles of State Policy
The welfare of each and every The welfare of the entire

citizen is promoted through the community is fostered with
Fundamental Rights the help of Directive
Principles.
As per the law, the violation of Violation of Directive

Fundamental Rights is Principles is not a punishable
punishable. crime unlike violation of
Fundamental Rights
Fundamental Rights are Directive Principles are not

justiciable as they can be justiciable as they cannot be
enforced legally by the courts if enforced by the courts if
there is a violation. there is a violation.
If there is a law which is in If there is a law in violation of

violation of fundamental rights Directive Principles, then the
then the courts can declare it as courts do not have the power
invalid and unconstitutional. to declare it as invalid and
unconstitutional.
Fundamental Rights are Directive Principles are

sometimes considered as a kind directions for the
of restrictions imposed on the Government in helping it to
State. achieve some particular
objectives.
Fundamental rights can be Directive Principles of State
suspended during a national Policy can never be
emergency. But, the rights suspended under any
guaranteed under Articles 20 and circumstances.
21 cannot be suspended.
Fundamental Rights was Directive Principles of State

borrowed from the Constitution Policy was borrowed from
of the United States of America the Constitution of Ireland
which was in turn copied
from the Constitution of
Spain.

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Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State

• They are an ‘instrument of instructions’ which are enumerated in the Government of

Directive Principles of State Policy – Classification

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social

Article Promote the welfare of the people by securing a social

Article Secure citizens:

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology

Article Organise village panchayats and endow them with

Article Promote cottage industries on an individual or co-

Article Promote the educational and economic interests of SCs,

Article Prohibit the consumption of intoxicating drinks and

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism.

Article Secure for all citizens a uniform civil code throughout

Article Provide early childhood care and education for all

Article Organise agriculture and animal husbandry on modern

Article Protect monuments, places and objects of artistic or

Article Separate the judiciary from the executive in the public

S.No Article New DPSPs

1 Article To secure opportunities for the healthy

2 Article To promote equal justice and to provide free legal

3 Article To take steps to secure the participation of

4 Article To protect and improve the environment and to

Criticism of Directive Principles of State Policy

1. It has no legal force

Fundamental Rights Directive Principles of State

Part 3 of the Constitution of India Directive Principles are

The basic rights that are Directive Principles of the

Political Democracy is Economic and Social

The welfare of each and every The welfare of the entire

As per the law, the violation of Violation of Directive

Fundamental Rights are Directive Principles are not

If there is a law which is in If there is a law in violation of

Fundamental Rights are Directive Principles are

Fundamental Rights was Directive Principles of State

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