DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)
The Directive Principles of State Policy are mentioned in Part IV of the Constitution. It covers the Articles from 36 to 51. The idea of the DPSP had been borrowed from the Irish Constitution, which was itself copied from the Spanish Constitution.
- It has been described as the ‘Conscience of the Constitution’.
- B. R. Ambedkar described DPSP as the ‘novel features’ of the Indian Constitution.
Features of the DPSP:
- DPSP are the ideals that the state should keep in mind while formulating policies and enacting laws. These are the recommendations to the state in the legislative, executive, and administrative matters.
- The Directive Principles are non-justiciable in nature i.e. they are not legally enforceable by the courts for their violation.
- Article 37 states that these principles are fundamental in the governance of the state and it shall be the duty of the state to apply these principles in the making.
What is the conflict between the Fundamental Rights and the Directive Principles?
Fundamental Rights are justiciable whereas on one hand DPSP are non-justiciable and on the other by Article 37, it shall be the duty of the state to apply these principles in the making. This is the reason of conflict between the Fundamental Rights and the Directive Principles.
In the Champakam Dorairajan case (1951), the Supreme Court ruled out that in any case of conflict between the Fundamental Rights and the Directive Principles, the Fundamental Rights should prevail and the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights.
In the Golaknath case (1967), the Supreme Court ruled that the Fundamental Rights cannot be amended in order to implement the Directive Principles.
Classification of the Directive Principles:
Although there is no classification of Directive Principles constitutionally, yet on the basis of their content and direction, they can be classified as follows:
- Socialistic Principles
- Gandhian Principles
- Liberal-intellectual Principles
1. Socialistic Principles:
These principles promote the idea of socialism, aims to create a state where everyone should enjoy equal social and economic justice. They direct the state through Article 38, 39, 39A, 41, 42, 43, 43A, and 47.
2. Gandhian Principles:
These principles are based on Gandhi’s ideology. This aims to promote the ideas of Gandhi that he was strived to do for Free India. They direct the state through Article 40, 43B, 46, 47, and 48.
3. Liberal-intellectual Principles:
These principles represent the ideology of liberalism. They direct the state through Article 44, 45, 48, 48A, 49, 50, and 51.
Directive Principles which were added:
Added by 42nd Amendment Act, 1976 – Article 39A, 39F, 43A and 48A.
Added by 44th Amendment Act, 1978 – Article 38A.
Added by 97th Amendment Act, 2011 – Article 43B.
Directive Principles Mentioned in other parts:
Article 350(a), 351, and 355.
Articles related to DPSP
|36||Definition of State|
|37||Application of the Directive Principles|
|38||State to secure a social order for the promotion of welfare of the people|
|39||Certain principles of policy to be followed by the state.|
|39 A||Equal justice and free legal aid.|
|40||Organization of village panchayat.|
|41||Right to work, to education and to public assistance in certain cases.|
|42||Provision for just and humane conditions of work and maternity relief.|
|43||Living wage, etc. for workers.|
|43 A||Participation of workers in management of Industries|
|43 B||Promotion of co-operative societies.|
|44||Uniform civil code for the citizens|
|45||Provision for early childhood care and education to children below the age of 6 years.|
|46||Promotion of educational and economic interests of SCs, STs and other weaker sections.|
|47||Duty of the state to raise the level of nutrition and the standard of living and to improve public health.|
|48||Organisation of agriculture and animal husbandry.|
|48 A||Protection and improvement of environment and safeguarding of forests and wild life.|
|49||Protection of monuments and places and objects of national importance|
|50||Separation of judiciary from executive|
|51||Promotion of international peace and security.|