Context: Directive Principles of State Policy aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State. In this edition we will understand the meaning and nature of Directive Principles of State Policy.

• Background: The source of the concept of Directive Principles of State Policy (DPSP) is the Spanish Constitution from which it came in the Irish Constitution.

• The concept of DPSP emerged from Article 45 of the Irish Constitution.

• Constitutional Provisions: Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP).

• Article 37 of the Indian Constitution States about the application of the Directive Principles.

• These principles aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State.

Fundamental Rights Vs DPSP

• Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it protects the rights of a citizen and work at a macro level.

• DPSP consists of all the ideals which the State should follow and keep in mind while formulating policies and enacting laws for the country.

• Directive Principles are affirmative directions on the other hand, Fundamental Rights are negative or prohibitive in nature because they put limitations on the State.

• The DPSP is not enforceable by law; it is non-justiciable.

• It is important to note that DPSP and FRs go hand in hand.

• DPSP is not subordinate to FRs.

• Classification of Principles: The Directive Principles are classified on the basis of their ideological source and objectives. These are Directives based on:

1. Socialist Principles

2. Gandhian Principles

3. Liberal and Intellectual Principles

Directives based on Socialist Principles

• Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic and political justice and by minimising inequalities in income, status, facilities and opportunities

• Articles 39: The State shall in particular, direct its policies towards securing:

• Right to an adequate means of livelihood to all the citizens.

• The ownership and control of material resources shall be organised in a manner to serve the common good.

• The State shall avoid concentration of wealth in a few hands.

• Equal pay for equal work for both men and women.

• The protection of the strength and health of the workers.

• Childhood and youth shall not be exploited.

• Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.

• Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.

• Article 43: The State shall endeavour to secure to all workers a living wage and a decent standard of life.

• Article 43A: The State shall take steps to secure the participation of workers in the management of industries.

• Article 47: To raise the level of nutrition and the standard of living of people and to improve public health.

Directives based on Gandhian Principles

• Article 40: The State shall take steps to organise village panchayats as units of Self Government

• Article 43: The State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.

• Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies.

• Article 46: The State shall promote educational and economic interests of the weaker sections of the people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker sections.

• Article 47: The State shall take steps to improve public health and prohibit consumption of intoxicating drinks and drugs that are injurious to health.

• Article 48: To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds.

Directives based on Liberal-Intellectual Principles

• Article 44: The State shall endeavour to secure for the citizen a Uniform Civil Code through the territory of India.

• Article 45: To provide early childhood care and education for all children until they complete the age of six years.

• Article 48: To organise agriculture and animal husbandry on modern and scientific lines.

• Article 48A: To protect and improve the environment and to safeguard the forests and wildlife of the country.

• Article 49: The State shall protect every monument or place of artistic or historic interest.

• Article 50: The State shall take steps to separate judiciary from the executive in the public services of the State.

• Article 51: It declares that to establish international peace and security the State shall endeavour to:

• Maintain just and honourable relations with the nations.

• Foster respect for international law and treaty obligations.

• Encourage settlement of international disputes by arbitration.

Amendments in DPSP

• 42nd Constitutional Amendment, 1976: It introduced certain changes in the part-IV of the Constitution by adding new directives:

• Article 39A: To provide free legal aid to the poor.

• Article 43A: Participation of workers in management of Industries.K1M

• Article 48A: To protect and improve the environment.

• 44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which declares that; “The State in particular shall strive to minimise economic inequalities in income and eliminate inequalities in status, facilities and opportunities not amongst individuals but also amongst groups”.

• It also eliminated the Right to Property from the list of Fundamental Rights.

• 86th Amendment Act of 2002: It changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.