Directive Principles of State Policy (DPSP) Notes
The Directive Principles of State Policy (DPSP) are enshrined in Part IV
(Articles 36-51) of the Indian Constitution. They serve as guidelines for
the government to create a just and equitable society.
Meaning & Features of DPSP
-
Non-justiciable – Cannot be enforced in a court of law.
-
Fundamental to governance – Provides a framework for laws and policies.
-
Inspired by the Irish Constitution (which borrowed it from Spain).
-
Aims to establish a welfare state (social, economic, and political
justice).
-
Acts as a supplement to Fundamental Rights.
-
Can override Fundamental Rights (Article 31C) in some cases.
Example:
-
Maternity Benefit Act (1961) implements Article 42 (maternity relief).
-
MGNREGA (2005) implements Article 41 (Right to Work).
Classification of DPSP (Articles 36-51)
DPSPs are classified into three categories:
| Category |
Articles |
Purpose |
|
Socialistic Principles
|
38-43A |
Socio-economic justice, welfare of the weaker sections.
|
|
Gandhian Principles
|
43-48 |
Based on Mahatma Gandhi’s ideals (village economy, education,
prohibition, cow protection).
|
|
Liberal-Intellectual Principles
|
44-51 |
Individual rights, international peace, environmental protection.
|
Detailed Explanation of DPSPs
A. Socialistic Principles (Articles 38-43A)
Aim: Socio-economic justice, reducing inequality, creating a welfare
state.
| Article |
Provision |
|
Article 38
|
Promote welfare state, reduce inequality.
|
|
Article 39
|
Adequate means of livelihood, equal pay for equal work, protection
against exploitation.
|
|
Article 39A
|
Free legal aid for the poor. |
|
Article 41
|
Right to work, education, and public assistance.
|
|
Article 42
|
Just and humane working conditions, maternity relief.
|
|
Article 43
|
Living wage for workers. |
|
Article 43A
|
Participation of workers in industries (worker cooperatives).
|
Example:
-
MGNREGA (2005) implements Article 41 (Right to Work).
-
Equal Remuneration Act (1976) implements Article 39 (Equal Pay for Equal
Work).
B. Gandhian Principles (Articles 43-48)
Aim: Promote village economy, rural development, self-sufficiency.
| Article |
Provision |
|
Article 43
|
Encourage cottage industries in rural areas.
|
|
Article 46
|
Promote education and economic interests of SCs, STs, and weaker
sections.
|
|
Article 47
|
Improve public health and prohibit intoxicating drinks and drugs.
|
|
Article 48
|
Protect and improve agriculture and animal husbandry (ban cow
slaughter).
|
Example:
-
Panchayati Raj Act (1992) implements Article 40 (Village Panchayats).
-
Prohibition in Gujarat & Bihar aligns with Article 47 (Ban on alcohol).
C. Liberal-Intellectual Principles (Articles 44-51)
Aim: Promote individual rights, environment, and international peace.
| Article |
Provision |
|
Article 44
|
Uniform Civil Code (UCC) for all citizens.
|
|
Article 45
|
Free and compulsory education (Now replaced by Article 21A).
|
|
Article 48A
|
Protect the environment and wildlife. |
|
Article 49
|
Protect monuments and cultural heritage.
|
|
Article 50
|
Separation of Judiciary from Executive. |
|
Article 51
|
Promote international peace and cooperation.
|
Example:
-
Environmental Protection Act (1986) aligns with Article 48A.
-
Wildlife Protection Act (1972) aligns with Article 48A.
Difference Between Fundamental Rights (FR) and DPSP
| Feature |
Fundamental Rights (Part III)
|
DPSP (Part IV) |
| Nature |
Justiciable (can be enforced by courts)
|
Non-justiciable |
| Purpose |
Protect individual rights
|
Establish a welfare state |
| Focus |
Civil and political rights
|
Socio-economic and directive principles |
|
Supremacy
|
Normally, FRs prevail over DPSPs
|
DPSPs can override FRs under Article 31C
|
Landmark Case: Kesavananda Bharati Case (1973) – FRs and DPSPs must be
harmonized.
Implementation of DPSPs
|
DPSP Provision
|
Law Implementing It |
|
Article 39A (Legal Aid)
|
Legal Services Authority Act (1987) |
|
Article 41 (Right to Work)
|
MGNREGA (2005) |
|
Article 45 (Education)
|
Right to Education Act (2009) |
|
Article 47 (Health)
|
Food Security Act (2013) |
|
Article 48A (Environment)
|
Wildlife Protection Act (1972) |
Amendments Related to DPSPs
|
Amendment
|
Change |
|
42nd Amendment (1976)
|
Added Articles 39A, 43A, 48A. Strengthened DPSPs.
|
|
44th Amendment (1978)
|
Restored supremacy of FRs over DPSPs. |
|
86th Amendment (2002)
|
Converted Article 45 (Education) into a Fundamental Right (Article
21A).
|
Can DPSPs Override Fundamental Rights?
-
Initially, Fundamental Rights had priority over DPSPs.
-
Kesavananda Bharati Case (1973) – FRs are part of the Basic Structure,
but Parliament can amend FRs to implement DPSPs.
-
Minerva Mills Case (1980) – Parliament cannot destroy Fundamental Rights
while implementing DPSPs.
-
Current Position: FRs and DPSPs must be harmonized to balance individual
rights and social justice.
Key Takeaways for UPSC
-
DPSPs are non-justiciable but guide state policies.
-
Divided into Socialistic, Gandhian, and Liberal-Intellectual principles.
-
42nd Amendment (1976) added Articles 39A, 43A, 48A to DPSPs.
-
44th Amendment (1978) restored FR supremacy over DPSPs.
-
DPSPs have led to important laws like RTE Act, MGNREGA, and Environment
Laws.
-
Article 44 (Uniform Civil Code) remains controversial and unimplemented.
Quick Revision Table
| Category |
Article Numbers
|
Key Features |
|
Socialistic DPSPs
|
38-43A |
Economic justice, welfare state |
|
Gandhian DPSPs
|
43-48 |
Village economy, cow protection, prohibition
|
|
Liberal-Intellectual DPSPs
|
44-51 |
UCC, environment, judiciary separation |
|
Most Important DPSPs
|
39A, 41, 42, 44, 48A, 51
|
Free legal aid, education, UCC, environment
|
|
Most Important Case
|
Kesavananda Bharati (1973)
|
FRs and DPSPs must be harmonized |
