Directive Principles of State Policy (DPSP) - Indian Polity Notes

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. This topic is important for UPSC Mains GS-II and also for political science optional papers and aspirants can also download the DPSP notes.

Directive Principles of State Policy (DPSP of Indian Constitution)
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Table of Contents:

What are the Directive Principles of State Policy?

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 of Indian Constitution are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions of Directive Principles of State which are given below:

Questions from this section of Indian Polity have been asked in UPSC Prelims and Mains before.

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Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on their content and direction, they are usually classified into three types-

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 38 Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities
Article 39 Secure citizens:
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 40 Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government
Article 43 Promote cottage industries on an individual or cooperation basis in rural areas
Article 43B Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation
DPSP – Liberal-Intellectual Principles
Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:
Article 44 Secure for all citizens a uniform civil code throughout the country
Article 45 Provide early childhood care and education for all 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 48 Organise agriculture and animal husbandry on modern and scientific lines
Article 49 Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance

Directive Principles of State Policy’s notes about its classification is important for UPSC 2024 and aspirants should learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act, 1976 added four new Directive Principles to the list:

S.No Article New DPSPs
1 Article 39 To secure opportunities for the healthy development of children
2 Article 39A To promote equal justice and to provide free legal aid to the poor
3 Article 43A To take steps to secure the participation of workers in the management of industries
4 Article 48A To protect and improve the environment and to safeguard forests and wildlife

Facts about Directive Principles of State Policy:

  1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to minimise inequalities in income, status, facilities and opportunities.
  2. The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they reach the age of 14 years.
  3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to cooperative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.
  4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the 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

What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can understand the relationship between Fundamental Rights and Directive Principles of State Policy:

Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs of Indian Constitution, the provisions of the former would prevail. DPSPs were regarded as a subsidiary of Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through a constitutional amendment act to implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the Directives.

Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive Principles of State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring that it has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two provisions:

Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of Article 31C constitutional and valid.

Result: Through the 42nd Amendment Act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd Amendment Act unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.’

Supreme Court’s rulings following the case were:

Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive Principles can be implemented. The Parliament can amend the Fundamental Rights to implement the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

Directive Principles of State Policy – Facts relevant for UPSC Prelims

The table below mentions a few specific points about DPSPs that aspirants can get help from, for the UPSC exam:

DPSP for UPSC Prelims
What is its full form? Directive Principles of State Policy
From which country is it borrowed? Ireland (Which had copied it from Spanish Constitution)
How many articles are under DPSP? Article 36-51 belong to DPSP
Which part in Indian Constitution deals with DPSP? Part-IV belongs to DPSP
How many types of DPSPs are there? There are three types:

Multiple Choice Question

Consider the following Statements

  1. Through the 42nd Amendment Act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.
  2. Fundamental Rights can be amended to implement Directive Principles until it does not harm the basic structure of the Constitution.
  3. Part 3 of the Constitution of India contains the Fundamental Rights guaranteed to the citizens of India. Articles 12-35 of the Constitution of India deal with Fundamental Rights.
  4. Political Democracy is established in India with the help of Fundamental Rights given in the Constitution of India whereas Economic and Social Democracy is established with the help of Directive Principles of State Policy.

Choose the correct answer from the below-given options

A) Only statements 3 and 4 are true.

B) All the above-given statements are true.

C) Only statements 2, 3 and 4 are true.

D) Only statements 1, 3 and 4 are true.

Candidates can find the general pattern of the UPSC Exams by visiting the UPSC CSE Syllabus post .

Frequently Asked Questions about Directive Principles of State Policy (DPSP)

What are the four categories of Directive Principles of State Policy?

Directive Principles of State Policy have been grouped into four categories. These are: (1) the economic and social principles, (2) the Gandhian principles, (3) Principles and Policies relating to international peace and security and (4) miscellaneous.

What are the principles of DPSP?

The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs are incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity. Moreover, it also embodies the idea of the welfare state which India was deprived of under colonial rule

What is the main aim of the Directive Principles?

The aim of Directive Principles of State Policy is to establish a welfare state.

How is the Directives Principal of State Policy related to Article 40?

Article 40 of the Constitution which enshrines one of the Directive Principles of State Policy lays down that the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

How many Articles are there under DPSP?

Directive Principles of State Policy DPSP are mentioned in Part IV of the Indian constitution from Articles 36 to 51 DPSPs are taken from the Constitution of Ireland.

What are the three types of directive principles?

The three types of directive principles are as follows 1 Socialist 2 Gandhian 3 Liberal Intellectual.