The principles that guide the state as it creates policies for its citizens are known as Directive Principles of State Policy (DPSP). These DPSP serve as a guide for the state and must be taken into account when drafting any new laws, but a citizen has no legal authority to compel the state to adhere to the DPSP.
Part IV of the Indian Constitution lists the Directive Principles of State Policy, popularly known as the DPSP, from Articles 36 to Article 51. The Directive Principles of State Policy, which are discussed in this article, are included in the UPSC Syllabus of Indian Polity and Governance.
The directives provided in the Government of India Act 1935, were integrated as Directive Principles of State Policy into the Indian Constitution in 1950.
This notion was taken up by the Constitution’s drafters from the 1937 Irish Constitution, which itself had been influenced by the Spanish Constitution. The Directive Principles of Social Policy have had a significant impact on the Directive Principles of the Indian Constitution.
The founding fathers were aware of the problems the nation had been facing, including social, economic, and political regressiveness, unemployment, poverty, and a lack of education. They outlined the principles and goals to be accomplished in the very preamble in order to abolish these ills. The goal of the constitution’s creators was to promote political, economic, and social democracy in India.
The framers agreed that the people should have access to virtually all of the current political, social, and economic rights in order to realize this cherished aim. These rights could be broadly split into two groups.
Political and civil rights that, in the opinion of the individual, were within his or her reach were designated as provisional Fundamental Rights, while the latter were referred to as Directive Principles of State Policy because they were deemed to be beyond the individual’s reach under the then-current conditions.
DPSP was referred to as the Constitution’s innovative element by Dr. B.R. Ambedkar. The Directive Principles and the Fundamental Rights together make up the Constitution’s philosophy and core. The Fundamental Rights and the Directive Principles were referred to by Granville Austin as the “Conscience of the Constitution.”
The state should keep these ideals in mind while creating policy and passing legislation. The DPSP assists the state in developing its economic, social, and political programmes. The state is assisted by DPSP in establishing economic and social democracy. Although they are not actionable, they aid courts in assessing and determining the legality of laws.
Below given is the complete list of all the articles under Directive Principles of State Policy:
Article | Meaning |
Article 36 | Defines State as same as Article 12 unless the context otherwise defines. |
Article 37 | Application of the Principles contained in this part. |
Article 38 | It authorizes the state to secure a social order for the promotion of the welfare of people. |
Article 39 | Certain principles of policies to be followed by the state. |
Article 39A | Equal justice and free legal aid. |
Article 40 | Organization of village panchayats. |
Article 41 | Right to work, to education and to public assistance in certain cases. |
Article 42 | Provision for just and humane conditions of work and maternity leaves. |
Article 43 | Living wage etc. for workers. |
Article 43-A | Participation of workers in management of industries. |
Article 43-B | Promotion of cooperative societies. |
Article 44 | Uniform civil code for the citizens. |
Article 45 | Provision for early childhood care and education to children below the age of six years. |
Article 46 | Promotion of education and economic interests of SC, ST, and other weaker sections. |
Article 47 | Duty of the state to raise the level of nutrition and the standard of living and to improve public health. |
Article 48 | Organization of agriculture and animal husbandry. |
Article 48-A | Protection and improvement of environment and safeguarding of forests and wildlife. |
Article 49 | Protection of monuments and places and objects of national importance. |
Article 50 | Separation of judiciary from the executive. |
Article 51 | Promotion of international peace and security. |
Although our Constitution does not expressly classify directive principles of state policy, they can be divided into three groups based on their substance and intended use, as follows:
These are the guiding ideas that seek to establish socioeconomic justice in society and pave the way for a welfare state. These guiding principles examine the socialist school and define the framework of a democratic socialist state. The main goal is to reduce disparities in income, position, resources, and opportunities (Article 38).
Through a number of Articles, they give the state directives, including Article 39 A, “Promote Equal Justice and Free Legal Aid to the Poor.”
DPSP: Socialistic Principles
These ideas, which are based on Gandhian ideology, embody the reconstruction plan put forth by Mahatma Gandhi during the national movement. Some of Mahatma Gandhi’s aspirations were incorporated into the Directive Principles of State Policy, which guide the State through Articles such:
DPSP: Gandhian Principles
These beliefs are a reflection of liberalism’s philosophy. They provide the state specific instructions under several articles, such as Article 44, which says to “secure for all citizens a uniform civil code across the country.”
DPSP – Liberal-Intellectual Principles
A new provision, Article 21-A, was added to the Constitution as part of the 86th constitutional amendment in 2002. It aims to provide all children between the ages of 6 and 14 with free and mandatory education. The Right to Education (RTE) is currently in effect as well.
Both the federal and state governments are implementing welfare programs for the less fortunate. The Prevention of Atrocities Act, 1989 was passed by the government to safeguard scheduled castes and scheduled tribes from atrocities and prescribed harsh penalties for such atrocities.
The Minimum Salaries Act of 1948 gives the government the authority to set minimum wages for workers in a variety of professions. Equal compensation for equal work is guaranteed under the Equal Remuneration Act of 1976 for both men and women.
The Constitution’s 73rd and 74th Amendments provide (1991 & 1992 respectively). Since receiving constitutional status and additional authority, Panchayati Raj has expanded to nearly all states and Union Territories. In all criminal proceedings, legal help at the state’s expense must be provided if the defendant cannot afford to hire an attorney.
All States and Union Territories, with the exception of Jammu and Kashmir and Nagaland, have established judicial-executive separation. The DPSP has had some effect on Indian foreign policy as well. India has previously denounced all acts of violence and supported the UN’s peacekeeping missions. India has supported nuclear disarmament as well.
The critics said that these directions lack legal authority when they are put into practice. There is no legal recourse for the infringement of these standards. They are only assertions of intentions that the State should carry out; the Constitution neither makes them justiciable nor specifies a deadline for securing them. They are “a cheque payable by the bank at its convenience,” says critic T. Shah.”
The DPSP is not entirely clear. For instance, the Directive Principle, which aims to foster world peace and amicable cooperation among all nations, lacks clear implementation requirements.
Some of the principles lack applicability. Some of the recommendations in Part IV cannot be put into practice in the real world. Prohibition was instituted in Haryana, but it proved to be nearly impossible to carry out. As a result, the Haryana Government was forced to abandon it. Due of the practical challenges associated with implementing prohibition, legislation cannot be used to enforce prohibition.
Due to its inclusion of ancient and foreign intellectual underpinnings built around Fabian Socialist, which nearly lost all relevance in the modern world, Directive Principles is being questioned. Many detractors believe that their listing in Part IV has made matters more difficult to understand because the Preamble of Indian Constitution makes explicit the ideals outlined here. Directive principles are intended to act as pious vows to convey the idea of the reasonable and beneficial use of political power. By making promises rather than taking action, they hope to gain support.