Indian Polity

Directive Principles of State Policy (DPSP)

My Academy January 1, 2023

Directive Principles of State Policy (DPSP)

The concept of the Policy Principles of National Policy (DPSP) originated in the Spanish Constitution, from which it was incorporated into the Irish Constitution. The concept of DPSP is derived from Article 45 of the Irish Constitution.

Constitutional Provisions:


Part 4 of the Indian Constitution (Articles 36 to 51) contains the Principles of National Policy (DPSP) Directives. Article 37 of the Indian Constitution provides for the application of policy principles. These principles aim to ensure socio-economic justice for the people and establish India as a welfare state.

Fundamental Rights vs. DPSP:


Unlike the Fundamental Rights (FR), the DPSP has unlimited scope, protects the rights of citizens and works at a macro level. The DPSP comprises all the ideals that a nation should pursue and keep in mind when formulating national policies and enacting laws. The principles of the Guidelines are positive directives, but the fundamental rights are of a negative or prohibited nature as they impose restrictions on the State. DPSP is not legally enforceable. It cannot be justified. It is important to note that DPSP and FR are closely related. DPSP is not dependent on FR.

Policies Based on Socialist Principles


  • Article 38: The State shall protect social order, ensure social, economic and political justice, eliminate inequalities in income, status, Seek to promote welfare.
  • Article 39: The State shall direct its policies to ensure, inter alia:
    The right of all citizens to an adequate livelihood.
    Possession and disposal of material resources shall be organized to serve the common good.
    States avoid concentrating wealth in the hands of a few.
    Equal Pay for Equal Work for Men and Women.
    Protection of workers' physical fitness and health.
    Childhood and adolescence must not be exploited.
  • Article 41: Ensure the right to work, to education and to social assistance in case of unemployment, old age, sickness and disability.
  • Article 42: The State shall take precautionary measures to ensure fair and humane working conditions and maternity leave.
  • Article 43: The State shall endeavor to ensure a living wage and a decent standard of living for all workers.
  • Article 43A: The State shall take measures to ensure the participation of workers in industrial management.
  • Article 47: Raise people's nutritional and living standards and improve public health.

Gandhi Principles Directive

  • Article 40: The State shall take steps to organize village panchayat as autonomous units.
  • Article 43: The State shall endeavor to promote cottage industry on an individual or collective basis in rural areas.
  • Section 43B: Promoting the Voluntary Establishment, Autonomous Functioning, Democratic Management and Professional Management of Co-operatives.
  • Article 46: The State promotes the educational and economic interests of vulnerable segments of the people, especially Scheduled Castes (SC), Scheduled Tribes (ST) and other vulnerable segments.
  • Article 47: The State shall take measures to improve public health and prohibit the consumption of intoxicating beverages and drugs harmful to health.
  • Article 48: Prohibit the slaughter of cattle, calves, other dairy cattle and draft cattle and improve their breeds.

POLICY BASED ON LIBERAL INTELLECTUAL PRINCIPLES

  • Section 44: The State shall endeavor to obtain a uniform civil code for citizens throughout India.
  • Article 45: Provision of early childhood care and education for all children up to the age of six.
  • Article 48: To organize agriculture and animal husbandry according to modern and scientific principles.
  • Section 48A: To protect and improve the environment and protect the national forests and wildlife.
  • Article 49: The State protects monuments or places of artistic or historical interest.
  • Article 50: The State shall take measures to separate the judiciary from the executive in the State's official affairs.
  • Article 51: In order to establish international peace and security, States declare that they shall endeavor to
    Maintain just and honorable relations with people.
    Promote respect for international law and treaty obligations.
    Promote Settlement of International Disputes by Arbitration.


What is the conflict between Fundamental Rights and DPSPs?

Four court cases, listed below, help candidates understand the relationship between fundamental rights and the policy principles of national policy.
Champakam Dorairajan case (1951):The former prevails. DPSP was considered a subsidiary of the Fundamental Rights. The SC also ruled that Congress could amend the fundamental rights through the Constitutional Amendment Act to implement the DPSP.
Result: Congress passed the First Amendment (1951), Fourth Amendment (1955), and Seventeenth Amendment (1964) to implement several directives.
Golaknath (1967)
The Supreme Court ruled that Congress cannot amend the fundamental right to implement principles of national policy. Result: Congress enacted the 24th Amendment Act of 1971 and the 25th Amendment Act of 1971, declaring it has the power to limit or revoke fundamental rights by passing Constitutional Amendment Acts. The 25th Amendment inserted a new Section 31c, which contains the following two provisions:
Section 14 (Equal before law and Equal protection under law), Section 19 (Protection of six rights such as freedom of speech, assembly and movement) or Section 31 (Right to property) Void Fundamental Rights .
A law containing a declaration implementing such policy cannot be challenged in court on the grounds that it does not affect such policy.
Kesavananda Bharti (1973) Supreme Court excluded his second provision of Section 31C, which was added by the 25th Amendment in his Golaknath case of 1967. He called the provision "unconstitutional." However, it held that the first provision of Section 31c was constitutional and valid.
Result: With the 42nd Amendment Act, Congress expanded the scope of the first provision of Section 31c. It gave legal supremacy and priority to the principles of the Fundamental Rights Directive conferred by Articles 14, 19 and 31, which are unconstitutional and invalid. Subordinated the DPSP to the Fundamental Rights. The Supreme Court also ruled that the Indian Constitution rests on the foundation of a balance between fundamental rights and policy principles. revolution. Harmony and balance between fundamental rights and national policy guidelines are essential features of the constitutional fabric. The objectives set out in the policy principles must be achieved without overriding the means provided by the fundamental rights.
Conclusion: Fundamental rights now take precedence over the principles of the Guidelines. However, policy principles can be implemented. Congress may amend the fundamental rights to implement the principles of the Directive so long as the amendments do not damage or destroy the basic structure of the Constitution.