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Directive Principles of State Policy
4.1 Nature and Classification
Part IV (Articles 36–51) contains DPSPs — guidelines for the state in policy-making. Unlike Fundamental Rights, they are non-justiciable (Article 37 explicitly says they cannot be enforced in court) but are "fundamental in the governance of the country."
They supplement Fundamental Rights by providing a social and economic framework. Dr. Ambedkar called them "novel features" of the Indian Constitution, noting that the only parallel was the Irish Constitution (which drew from the Spanish Constitution of 1931, itself inspired by papal encyclicals).
The DPSPs represent a welfare state vision — the state is expected to take affirmative steps toward social and economic justice.
Three categories of DPSPs:
A. Socialistic Principles (aimed at establishing a welfare state)
| Article | Content |
|---|---|
| Article 38 | State shall strive to promote welfare and minimise inequalities |
| Article 39 | Equal livelihood for men/women; equal pay for equal work; distribution of material resources; no concentration of wealth; child protection from exploitation |
| Article 39A | Free legal aid (added by 42nd Amendment 1976) |
| Article 41 | Right to work, education, and public assistance in unemployment, old age, sickness |
| Article 42 | Just and humane conditions of work; maternity relief |
| Article 43 | Living wage for workers; cottage industries |
| Article 43A | Participation of workers in management (added by 42nd Amendment) |
| Article 43B | Promotion of cooperative societies (added by 97th Amendment 2011) |
| Article 45 | Early childhood care and education for children below 6 years |
| Article 47 | Raise nutrition and standard of living; prohibition of intoxicating drinks |
B. Gandhian Principles (reflecting Gandhi's vision of village India)
| Article | Content |
|---|---|
| Article 40 | Organise village panchayats with necessary powers |
| Article 43 | Cottage industries in rural areas |
| Article 46 | Promote educational and economic interests of SC, ST, and weaker sections |
| Article 47 | Prohibit consumption of intoxicating drinks and drugs |
| Article 48 | Organise animal husbandry; prohibit slaughter of cows, calves, milch/draught cattle |
C. Liberal-Intellectual Principles (reflecting liberal thought)
| Article | Content |
|---|---|
| Article 44 | Uniform Civil Code for all citizens |
| Article 45 | Free and compulsory early childhood care for children under 6 |
| Article 48A | Protect and improve environment; safeguard forests and wildlife (42nd Amend.) |
| Article 49 | Protect monuments, places, and objects of historic/artistic interest |
| Article 50 | Separate judiciary from executive in public services |
| Article 51 | Promote international peace; respect international law and treaty obligations |
4.2 DPSP vs Fundamental Rights — The Tension and Resolution
The original Constitution was silent on which prevailed in case of conflict. The Supreme Court initially gave primacy to Fundamental Rights (Shankari Prasad, 1951; Sajjan Singh, 1965).
Progressive amendments and judicial responses:
- 24th Amendment (1971): Parliament can abridge Fundamental Rights by constitutional amendment
- 25th Amendment (1971): Article 39(b) and (c) DPSPs override Articles 14 and 19 in land reform laws; newly inserted Article 31C protected laws giving effect to DPSPs
- 42nd Amendment (1976): Expanded Article 31C to protect all DPSPs; allowed DPSPs to override Articles 14, 19, 31
- Minerva Mills v. Union of India (1980): Supreme Court struck down the expanded Article 31C — restoring the pre-1976 position; held that harmony and balance between Fundamental Rights and DPSPs is part of the Basic Structure
- Current position: DPSPs can inform the interpretation of Fundamental Rights; courts try to harmoniously construe them; neither has absolute supremacy — both are equally important (per Unni Krishnan, 1993)