The Directive Principles of State Policy (DPSP), listed in Part IV of the Indian Constitution (Articles 36 to 51), are guidelines or principles that the State is expected to follow while formulating laws and policies. Though non-justiciable (not legally enforceable in a court), these principles are fundamental in the governance of the country. The purpose of DPSPs is to create a welfare state and promote social justice, economic equality, and democracy in its broader sense.

• The DPSPs have been inspired by the Irish Constitution and reflect the ideals in the Declaration of Human Rights.

Types of DPSP

The Directive Principles are broadly classified into three categories:

1. Socialistic Principles: These principles reflect the ideology of promoting social and economic equality in society, aiming for a welfare state
   • Article 38: State to secure a social order for the promotion of the welfare of the people.
   • Article 39: State to secure:
     • Adequate means of livelihood for all citizens.
     • Equitable distribution of resources.
     • Prevention of the concentration of wealth.
     • Equal pay for equal work for both men and women.
     • Protection of the health and strength of workers.
     • Protection against exploitation and child labor.
   • Article 41: Right to work, education, and public assistance in certain cases such as unemployment, old age, sickness, and disability.
   • Article 42: Provision for just and humane conditions of work and maternity relief.
   • Article 43: Living wage, decent standard of life, and social and economic security for workers.
   • Article 43A: Participation of workers in the management of industries.
   • Article 47: Duty of the state to raise the level of nutrition and the standard of living, and to improve public health.
2. Gandhian Principles: These principles are based on the ideas and vision of Mahatma Gandhi and aim at promoting village self-governance and rural development.
   • Article 40: Organisation of village panchayats and empowerment of local governance.
   • Article 43: Promotion of cottage industries on an individual or cooperative basis in rural areas.
   • Article 46: Promotion of the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
   • Article 47: Prohibition of the consumption of intoxicating drinks and drugs harmful to health.
   • Article 48: Organisation of agriculture and animal husbandry on modern and scientific lines, with a prohibition on the slaughter of cows and other milch and draught cattle.
3. Liberal-Intellectual Principles: These principles reflect the liberal and intellectual outlook, aiming to promote an individual’s freedom, democracy, international peace, and justice.
   • Article 44: Uniform civil code for all citizens throughout the territory of India.
   • Article 45: Provision for early childhood care and education to children below the age of six years.
   • Article 48: State to take steps to preserve and improve the environment and safeguard forests and wildlife.
   • Article 48A: Protection and improvement of the environment and safeguarding of forests and wildlife.
   • Article 49: Protection of monuments and places of historical and cultural importance.
   • Article 50: Separation of judiciary from the executive in public services of the state.
   • Article 51: Promotion of international peace and security, fostering respect for international law, and encouraging settlement of international disputes through peaceful means.

History, Objectives and Constitutional Significance

• Part IV, spanning from Article 36 – 51 of constitution.
• Non-justiciable nature on recommendations of Tej Bahadur committee Report
• Source: Borrowed from Ireland, Irish constitution (1937).
• Positive Connotation: Establishes social and economic democracy.
• Promote the concept of “Welfare State” and “Inclusive Growth.”
• Precursors of “Panchayat Raj Institution” (Art. 40- Village Panchayat)
• “Fundamental in governance” and apply in policy makings – Art. 37
• “Novel features” and “Soul of constitution” of constitution – B.R Ambedkar
• DPSP is the “Conscience of constitution” —Granville Austin
• Constitutional Instructions: to the Legislature, executive and administrative of state.
• Enabling in Nature: Enables government for a comprehensive programme of social and economic justice, unlike Fundamental Rights.
• Non-justiciable, Non-self-executory, non-enforceable by court of law.
• Government can implement provisions of DPSP by legislative actions.
• “Instruments of instruction” resembles the GOI 1935.

Factors that Influenced the Indian Constitution’s Directive Principles of State Policy

• Idea of Instruments of instruction from Government of India  Act  1935.
• Division of Rights of an individual into two categories—justiciable (FR) and Non-justiciable (DPSPs)—recommended by B. N. Rau (Constitutional Advisor)
• Irish constitution
• Based on Socialistic and Gandhian philosophies
• The Sapru Committee Report of 1944 proposed a distinction between justiciable and non-justiciable rights.
• To fill the vacuum created by Fundamental rights (part III)- Restrictive nature.

Objectives and Intentions Behind India’s Directive Principles of State Policy

• The founding fathers were aware of the drawbacks; the country had been suffering from, such as poverty, unemployment, lack of education, social, economic, and political backwardness.
• • In order to eradicate these evils, set forth in the very preamble, the ideals and objectives to be achieved. The intention of the constitution framers was to establish in India a democracy that was political, economic and social.
  • To achieve this cherished goal, the framers were unanimous in securing to the people practically all the prevailing political, social and economic rights. These rights were, in broad terms, categorized into two groups.
    • Political and Civil Rights
    • Social and Economic Rights
  • Political and civil rights, which were, in opinion, within the reach of the individual were provisional as fundamental rights, the second category, seen as difficult for individuals to achieve given the current situation, were called Directive Principles of State Policy.

Nature and Foundational Principles of India’s Directive Principles of State Policy

• Admixture and healthy blend of Socialist, Gandhian and Liberal principles.
• Fundamental guidelines for governance of a country.
• They are fundamental principles, as opposed to FR.
• Non justiciable, Non self-executory, non-enforceable by court of law.

Reasons Behind the Unique Status of India’s Directive Principles of State Policy

• Justiciable nature of rights entails that citizens can move to the courts for enforcement of a particular right.
• Fundamental rights have justiciable nature. However, DPSPs kept as non-justiciable in nature attributed to following reasons –
  • Administrative and financial limitations at that time.
  • Some principles have moral connotations.
  • Inadequacy of Social development (Art. 40)Presence of vast diversity, illiteracy, poverty and backwardness in the country.

Constitutional Amendments

The Indian government has made efforts to implement the DPSPs through various constitutional amendments, legislations, and policies:

• 42nd Amendment Act (1976): Added Article 39A (Free legal aid), Article 43A (Workers’ participation in management), and Article 48A(Environment protection).
• 86th Amendment Act (2002): Made education a fundamental right (Article 21A) while modifying Article 45 for early childhood care and education.

Directive Principles of State Policy: Criticisms and Controversies in Part IV of the Constitution

• Non-Justiciable in Nature: Non-enforceable by court of law
• Some principles are reactionary – subject to interpretation (E.g. cow slaughter)
• Unsystematic enumerations and lots of overlapping.
• Lack of clarity led to different interpretations by different govt. according to prevailing circumstances.
• Non-accountability of government for non-implementation of DPSP.
• Directives are not arranged in a logical manner based on a consistent philosophy- Jennings.
• Part IV of the Constitution expresses “Fabian Socialism without the socialism” which is less relevant in the contemporary world.
• Directives are like “a veritable dustbin of sentiments”- T. Krishnamachari.
• Directives are “Manifesto of aims and aspirations” – K C Wheare
• “A cheque on a bank, payable only when the resources of the bank permit”– K.T Shah.

Significance of Directive Principles of State Policy in Indian Governance

• Helps courts as Guiding Light in determining and examining constitutional validity of act/rules/regulation.
• Symbolizes the idea of welfare state and amplifies social and economic justice as entailed in Preamble.
• They place a moral duty on state authorities for implementation, but public opinion is the true driving force behind them.
• Serves as moral precepts for the Legislature, executive and administrative administrative branches of the state.
• They function as a Common Minimum Programme for every government, regardless of their manifestos and political ideologies.
• The Directives are the life-giving provisions of the Constitution. They constitute the stuff of the Constitution and its philosophy of social justice. – L. M Singhvi
• Directives lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’ (Fundamental rights) – B. R. Ambedkar
• Provides stability and continuity in policies despite change in governments.
• Supplements and complements Fundamental Rights (Part III).
• Serves as benchmarks and yardstick for people to gauge performance of the government.
• DPSPs are intended to be a guide, friend and philosopher of the ruling party in legislative and executive acts.
• Serves as an important tool for opposition parties to ensure accountability of executive and exercise influence and control over the government.