DIRECTIVE PRINCIPLES OF STATE POLICY

List of Directive Principles of State Policy

Article What it says

36 Defines the “state”.

37 Part IV of the Indian Constitution shall not be enforceable in any court of law.

38 Social, Political and Economic Justice.

39 Principles of Policy.

39A Free Legal aid.

40 Organization of Panchayats.

41 Welfare Government.

42 Securing just and humane work and maternity relief.

43 Fair wages and a decent standard of life.

43-A Workers’ participation in management.

43-B Promotion of Cooperatives.

44 Uniform Civil Code.

45 Infant and Child Care.

46 Protection of SCs, STs and other weaker sections from exploitation.

47 Nutrition, Standard of living and public health.

48 Scientific agriculture and animal husbandry.

48-A Environment and Wildlife Protection.

Protection of monuments and places and objects which have national

49
importance.

50 Judiciary should be separate from the Executive.

51 The state shall promote international peace and security.

Article 36
• Article 36 contains the definition of State.
• Unless the context otherwise requires, the definition of “the State” is the
same as it is given in Part III which covers Fundamental Rights.
• The definition given in Article 12 shall apply in this part as well which
says that the State includes:
o The Government of India

o The Parliament of India

o The Government of each of the States
o The Legislature of each of the States
o All the authorities whether local or any other which are the part
of Indian territory or under the control of the government.

Article 37
• Article 37 mentions the two important characteristics of DPSP, and they
are:
o It is not enforceable in any court of Law.

o And they are very basic and essential for the governance of the
country.
The provisions mentioned in this part shall not be enforceable in any court and
the principles laid down in this part are fundamental for the governance of the
country. The State must make laws according to it because the ultimate aim of
the State is the welfare of its citizens.

Socialist principles
• These principles follow the ideology of “Socialism” and lay down the
framework of India.
• Its ultimate aim is to provide social and economic justice to all its citizens
so that the state can fulfil the criteria required for a welfare state.
• The articles in DPSP which follows the socialist principles are – Article
38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article 43 A
and Article 47.

Article 38
• Article 38 talks about Social, Political and Economic Justice.
• It directs that the State should secure a social order which provides
social, political and economic justice to all its citizens.
• Article 38(2) says that state shall reduce the inequalities faced by the
people on the grounds like income, status, facilities, opportunities, etc.
Article 39
• Article 39 mentions all the Principles of policy which must be followed
by the State.
The State shall make its policies towards securing the following objectives—

• All the men, women and citizens should have the right to an adequate
means of livelihood
• The ownership and control of the people over any material resources
under the community should be distributed as it is for the common good
of the public;
• The functioning of the economic system should be such that the
concentration of wealth and the means of production don’t result in a
loss common to all or which causes detriment to the citizens;
• There shall be no gender discrimination, both men and women should
get equal pay for equal work.
• The health and strength possessed by any worker, men and women, and
the tender age of children should not be abused and the citizens should
not be forced to enter and indulge into any occupation or profession
which is not suitable for their age or strength, not even out of any
financial necessity or economic backwardness
• Children must be given enough opportunities and facilities so that they
develop in a healthy manner and in such conditions where their freedom
and dignity, including the fact that their childhood and youth remain
protected, against any form of exploitation and against any sort of moral
and material abandonment.

Article 39A
• Article 39A talks about Free Legal aid.
• It says that the State shall promote justice with the aim of administering
Justice on the basis of equal opportunity, and shall provide free legal aid
through any suitable legislation or schemes which State may think fit
,or, in any other way, so that it could ensure that the opportunities for
securing justice are not denied to any citizen because of economic
backwardness or any other kind of disabilities.

Article 41
• Article 41 talks about Welfare Government.
• It says that state shall make some effective provisions for securing the
right to work, etc. and in cases of unemployment, old age, disablement
or any other cases acting in its economic capacity & development it shall
provide public assistance. This article is employed as a tenet for
numerous social sector schemes like social assistance program, right to
food security, old-age pension scheme, MGNREGA, etc.

Article 42
• Article 42 talks about Securing just and humane work and
maternity relief.
 • It says that state shall create some provisions so that the citizens get
easy, just and humane conditions for working. It shall also provide
maternity relief for the women.

Article 43
• Article 43 talks about Fair wages and a decent standard of life.
• It says that the state can endeavor to secure by appropriate legislation
or economic organization to all the workers employed in agricultural,
industrial or otherwise, work, a living wage, conditions of work, ensuring
a decent standard of life and enjoyment of leisure and social-cultural
opportunities and promote cottage industries on an individual or
cooperative basis in rural and remote areas of the country.

Article 47
• Article 47 talks about Nutrition, Standard of living and public
health.
• It says that the State shall look into the matter of raising the level of
nutrition and the standard of living of its people and it is the duty of the
State to keep a check on the improvement of public health. The State
shall also endeavor to prohibit the consumption of intoxicating drinks
and drugs which are injurious for health, except for medicinal purposes.
There are many social development programmes such as National Health
Mission, Mid Day Meal Scheme, etc. which target the marginalized
sections of the society i.e. women, children, weaker sections etc. are
inspired by this DPSP.

Article 40
• Article 40 deals with the Organization of Panchayats.
• It says that the state shall organize Panchayat system and should grant
them such powers which would be necessary for the functioning as units
of the self-government system.
• The 73rd and 74th amendments of the constitution which are related to
Panchayati Raj and Municipal Corporations respectively, later ended up
as the constitutionally backed framework for the principle mentioned in
Part IV.

Article 43
• Article 43 talks about Fair wages and a decent standard of life.
• It says that the state can endeavor to secure, by appropriate legislation
or economic organization, to all the workers employed in agricultural,
industrial or otherwise, work, a living wage, conditions of work, a decent
standard of life and enjoyment of leisure & social-cultural opportunities
and promote cottage industries on an individual or cooperative basis in
rural and remote areas of the country.

Article 43B
• Article 43B deals with the promotion of cooperatives.
 • It was inserted by the 97th amendment act in 2011. It says that state
shall endeavor to promote the management of the co-operative societies
to help the people who are engaged in the same.

Article 46
• Article 46 deals with the Protection of SCs, STs, weaker sections
from exploitation.
• The State shall promote with special care including the educational and
economic interests of the weaker sections of the society i.e. the SCs and
the STs and shall make provisions to protect them from all forms of
exploitation which includes social injustice.

Article 47
• Article 47 talks about Nutrition, Standard of living and public
health.
• It says that the State shall look into the matter of raising the level of
nutrition and the standard of living of its people and it is the duty of the
State to keep a check on the improvement of public health. The State
shall endeavor to prohibit the consumption of intoxicating drinks and
drugs which are injurious to health except for medicinal purposes.
• There are many social development programmes such as National Health
Mission, Mid Day Meal Scheme, etc. which target the marginalized
sections of the society i.e women, children, weaker sections etc. are
inspired by this DPSP.

Article 48
• Article 48 talks about Scientific agriculture and animal husbandry.
• It says that the State shall endeavor to organize agriculture and animal
husbandry using modern methods and scientific techniques which make
people more advanced and helps in earning their livelihood easily and
State shall take some progressive steps for preserving and improving
the existing breeds and prohibiting the slaughter of cows and other
cattle.

Article 44
• Article 44 talks about the Uniform Civil Code.
• There should be a provision for the citizens to secure a Uniform Civil
Code throughout the territory of India in order to simplify things and
reduce ambiguity in the laws which makes it more complex than it
actually is.

Article 45
• Article 45 contains the Provision for free and compulsory education
for the children in the country.
 • The State shall make laws to provide free and compulsory education for
the children until they are 14 years old within a period of 10 years from
the date of commencement of this provision in the Constitution.
• This provision was incorporated by the virtue of the 86th Amendment,
2002 in the Constitution of India.

Article 48
• Article 48 talks about Organisation of agriculture and animal
husbandry.
• The State shall endeavour to organise agriculture and animal husbandry
using modern and scientific technology which is prevalent in the present
times and also take steps for preserving and improving the existing
breeds and prohibiting the slaughter of cows and other cattle in the
country for the development of agricultural related practices.

Article 48A
• Article 48A talks about the Environment and Wildlife Protection.
• The State shall endeavour to protect and improve the environment and
surroundings. And to safeguard the forests and wildlife of the country
to make the environment sustainable.

Article 49
• Article 49 talks about Protection of monuments and places and
objects of national importance.
• It shall be the duty of the State to protect every monument or place or
any object of historic or artistic interest which has some national
importance, from any form of disfigurement, destruction, etc.

Article 50
• Article 50 talks about Separation of Judiciary from the Executive.
• There should be a line between the judiciary and the executive body of
the Government in the public services of the State as it makes it easier
if both do not interfere in each other’s work and function independently.

Article 51
• Article 51 talks about Promotion of international peace and
security.
• The State shall endeavour to —
o Promote international peace and security;

o maintain friendly and honourable relations between nations;

o foster respect for international law and treaty obligations in the
dealings of one person with another for maintaining harmony
between the nations and
 o encourage settlement of international disputes by the method
of arbitration.

Enforceability of DPSP
DPSP were not made enforceable by the Constituent Assembly which was formed
to draft the Indian Constitution. But the non-enforceability of the Principles does
not mean that they are of no importance.

There are some arguments which are in favor of its enforceability and some are
against the making of DPSP enforceable. Those who favor the enforcement of the
Principles argue that enforceability of DPSPs will keep a check on the Government
and would unite India. For instance, Article 44 of the Indian Constitution talks
about the Uniform Civil Code which aims for uniform provisions of civil law for all
the citizens of the country irrespective of their caste, creed, religion or beliefs.

People who are against the enforcement of the DPSPs are of the view that these
principles need not be separately enforced as there are already many laws which
indirectly implements the provisions mentioned in DPSP. For instance, Article 40
of the Constitution which deals with Panchayati Raj system was introduced
through a constitutional amendment, and it is very evident that there are
numerous panchayats exist in the country today.

Another argument against DPSP is that it imposes morals and values on the
citizens of the country. It should not be clubbed with the law as it is
really important to grasp that law and morals area unit various things. If we
impose one on the opposite that will generally impede the expansion and
development of the society.

Importance of DPSP
DPSP covers the Articles 36-51 in Part IV of the constitution.

It mentions protection of women of the country, environmental conservation,

rural growth and development, decentralisation of power, uniform civil code, etc.
which are considered some of the essentials in making laws for a “welfare state”.

Although non-justiciable, they provide a set of guidelines for the Government for
its functioning in the country.

Significance of DPSP
• Directive Principles are non-justiciable but these are backed by vox
populi (voice of the people), which is the real sanction behind every law
in reality.
• DPSP gives the philosophical foundations of a welfare system. These
principles makes it a responsibility of the State to secure it through
welfare legislation.
• Their nature is more of moral ideals. They constitute a moral code for
the State but this does not reduce their value as moral principles are
 very important and the absence of it may hamper the growth of a
society. A state is run by its people and the Government is always formed
and managed by them, so it’s really important to have a set of standards
for making laws in the country.
• Directive Principles act as a guide for the government which helps them
in making policies and laws for the purpose of securing justice and
welfare in the State.
• DPSP are like a source of continuity in the Governance of the country
because in a democratic system, the Governments change after regular
elections and every new government makes different policies and laws
for the country. The presence of such guidelines is really important
because it ensures that every Government will follow the set of principles
in the form of DPSP while formulating its laws.
• Directive Principles can be called as the positive directions for the State
which helps in securing social and economical dimensions of democracy.
DPSP are supplementary to Fundamental Rights which offers political
rights and other freedoms. They both are nothing without each other as
one provides social and economic democracy and the other, political
rights.
• Directive Principles of State Policy make it possible for people to measure
the worth of a government and its working. A Government which doesn’t
consider these principles can be rejected on this ground by the people
in favour of a government which gives due importance to the task of
securing these Directive Principles in the state.
• The Directive Principles constitute a manifesto of a Nation. These reflect
the ideas and views which were there in the mind of the drafters while
drafting the constitution. These reflected the philosophy behind the
making of the Constitution and hence provide useful information to the
courts in interpreting the existing provisions in the Constitution and in
coming up with better laws and policies.
• The Directive Principles do not seem to be very rigid in their meanings
and this helps the State in interpreting and applying these principles in
accordance with the situation prevailing at a given time.
Thus, the inclusion of Part IV which contains the Directive Principles of State Policy
proved to be very useful for the country. The Directive Principles provide good
foundations for welfare state. The securing of Directive Principles helped in
completing the requirements of a democratic system. It supplemented the
Fundamental Rights of the people and built a State characterized by these four
pillars – Justice, Liberty, Equality, and Fraternity.

Implementation of Directive Principles of State

Policy
There are some acts and policies from 1950 onwards which had been
implemented to give effect to these Directive Principles. They are as follows:

• The Minimum Wages Act (1948)

• Child Labour Prohibition and Regulation Act (1986)
• The Maternity Benefit Act (1961)
• Equal Remuneration Act (1976)
• Handloom Board, Handicrafts Board, Coir Board, Silk Board, etc. have
been set up for the development of cottage industries in the country.
 • Integrated Rural Development Programme (1978)
• Jawahar Rozgar Yojana (1989)
• Swarnajayanti Gram Swarozgar Yojana (1999)
• Sampoorna Gram Rozgar Yojana (2001)
• Mahatma Gandhi National Rural Employment Guarantee Programmes
(2006)
• The National Forest Policy (1988)
• Article 21-A was inserted by the 86th amendment, making free
education for children below the age of 14 compulsory.
• Prevention of Atrocities Act safeguarding the interests of SCs and STs.
• Several Land Reform Acts.

DPSP and Fundamental rights

Fundamental Rights are described as the basic rights guaranteed to every citizen
of the country under the constitution. They are present in Part III of the
Constitution which ensures some rights to all its citizens so that they can live their
lives peacefully. They help in checking the activities of the Government so that it
cannot curtail any of the basic rights granted by the Constitution in the form of
Fundamental rights.

Fundamental Rights apply to all the citizens without any form of discrimination
on the basis of race, caste, creed, sex, place of birth, etc. Violation of the
fundamental rights may lead to punishment and can initiate proceedings against
the government if it tries to curtail them.

The Indian Constitution recognizes 7 fundamental rights, they are as follows:

• Right to Equality
• Right to freedom
• Right to freedom of religion
• Right against exploitation
• Cultural and Educational Rights
• Right to constitutional remedies
• Right to privacy (recently added)
Directive Principles of State Policy are some important guidelines given to the
government so that it can work accordingly and refer to them while formulating
the laws and policies, and to build a just society.

These principles are mentioned in Part IV from Article 36 to 51 of the Constitution.

Directive Principles are non-justiciable. However, these are recognized as an

important roleplayer in governing the State. These principles aim at creating such
an environment, which can help the citizens to live a good life where peace and
harmony prevails.
The directive principles conjointly gauge the performance of the state, in order to
achieve the objectives stated in the preamble of the Indian Constitution.

Comparison between DPSP and Fundamental rights

BASIS FOR
FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES
COMPARISON

The essential or basic rights The guidelines which are

Meaning granted to all the citizens of the considered while formulating
country. policies and laws.

Defined In Part III of the Constitution. In Part IV of the Constitution.

Nature Negative Positive

Enforceability Legally enforceable. Not enforceable.

Social and economic

Democracy Political democracy.
democracy.

Legislation Not required. Required.

Promotes Individual welfare Public welfare