DPSP UPSC Notes

Directive Principles of State Policy (DPSP) - UPSC Notes

The Directive Principles of State Policy (DPSP) are a set of guidelines and principles enshrined in Part IV (Articles 36 to 51) of the Indian Constitution. They aim to guide the State in policymaking and governance to establish a just and welfare-oriented society. While not enforceable by courts, they are fundamental to the governance of the country.

• According to B.R Ambedkar, DPSP is the “Novel features” and “Soul of constitution” of the Indian constitution.
• DPSP is the “Conscience of constitution” – Granville Austin

Key Features of DPSP

1. Nature:
• DPSPs are non-justiciable, meaning they are not legally enforceable by courts.
• They are moral and philosophical guidelines for the State to promote social and economic democracy.
2. Source of Inspiration:
• Borrowed from the Irish Constitution.
• Also influenced by the Gandhian principles, socialist ideals, and liberal democratic traditions.
3. Objective:
• To create conditions for a welfare state where social, economic, and political justice is ensured.
• To establish a just society as envisioned in the Preamble of the Constitution.

 

Classification of DPSP

DPSPs can be broadly classified into three categories based on their ideological roots:

1. Socialist Principles:
• Aim to establish a welfare state and reduce inequalities.
• Examples:
• Article 38: Promote the welfare of the people by securing a social order with justice—social, economic, and political.
• Article 39: Ensure equal pay for equal work, distribution of resources to serve the common good, and protection of children and workers.
• Article 41: Right to work, education, and public assistance in cases of unemployment, old age, and sickness.
• Article 42: Provision for just and humane conditions of work and maternity relief.
2. Gandhian Principles:
• Reflect the ideals of Mahatma Gandhi.
• Examples:
• Article 40: Organize village panchayats and empower them as units of self-government.
• Article 43: Promote cottage industries and rural development.
• Article 46: Promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
• Article 47: Prohibit the consumption of intoxicating drinks and drugs harmful to health.
3. Liberal-Intellectual Principles:
• Reflect the ideals of liberalism and intellectual progress.
• Examples:
• Article 44: Uniform Civil Code for all citizens.
• Article 45: Provide early childhood care and education for children below 6 years.
• Article 48: Organize agriculture and animal husbandry on modern and scientific lines.
• Article 49: Protect monuments, places, and objects of national importance.
• Article 50: Separate the judiciary from the executive.
• Article 51: Promote international peace and security, maintain just relations between nations, and respect international law.

 

Significance of DPSP

1. Guiding Light for Governance:
• DPSPs provide a framework for the State to formulate policies and laws that promote social and economic justice.
2. Balancing Rights and Duties:
• While Fundamental Rights (Part III) focus on individual liberties, DPSPs emphasize the State’s duty to ensure collective welfare.
3. Constitutional Morality:
• DPSPs reflect the moral and ethical values enshrined in the Constitution, guiding the State towards achieving the ideals of justice, liberty, equality, and fraternity.
4. Judicial Interpretation:
• Courts often use DPSPs to interpret laws and resolve ambiguities, especially in cases involving social justice and welfare.

 

Criticism of DPSP

1. Non-Justiciable Nature:
• Since DPSPs are not enforceable, they are often seen as mere ideals without practical implementation.
2. Conflict with Fundamental Rights:
• In some cases, DPSPs may conflict with Fundamental Rights, creating a dilemma for policymakers.
3. Vague and Broad:
• Some DPSPs are too broad and lack clarity, making it difficult for the State to implement them effectively.

 

Important Amendments Related to DPSP

1. 42nd Amendment Act, 1976:
• Added new DPSPs:
• Article 39A: Provide free legal aid to the poor.
• Article 43A: Participation of workers in the management of industries.
• Article 48A: Protect and improve the environment and safeguard forests and wildlife.
2. 44th Amendment Act, 1978:
• Added Article 38(2): Minimize inequalities in income, status, facilities, and opportunities.
3. 86th Amendment Act, 2002:
• Made elementary education a Fundamental Right under Article 21A and amended Article 45 to focus on early childhood care and education.

 

Relationship Between DPSP and Fundamental Rights

• Harmonious Construction:
• The Supreme Court has emphasized that Fundamental Rights and DPSPs are complementary and should be harmoniously interpreted.
• Example: In the Kesavananda Bharati case (1973), the Court held that DPSPs are not subordinate to Fundamental Rights.
• Conflict Resolution:
• In case of conflict, the Court tries to balance both, ensuring that neither is undermined.

 

Implementation of DPSP

1. Landmark Laws and Policies:
• MGNREGA (2005): Implements Article 41 by providing employment opportunities.
• Right to Education Act (2009): Fulfills Article 45 by ensuring free and compulsory education.
• Panchayati Raj Institutions (PRIs): Empower local self-governance as per Article 40.
2. Judicial Activism:
• Courts have used DPSPs to expand the scope of Fundamental Rights, such as the Right to Education and Right to Health.

 

Also Read: UPSC Prelims PYQs on DPSP

Conclusion

The Directive Principles of State Policy are the soul of the Indian Constitution, reflecting the aspirations of a welfare state. While they are not enforceable, they serve as a moral compass for the State to achieve social, economic, and political justice. For UPSC aspirants, understanding DPSPs is crucial as they form the basis of many government policies and programs, and their interplay with Fundamental Rights is a recurring theme in Indian polity.

ARTICLES RELATED TO DIRECTIVE PRINCIPLES OF STATE POLICY
Article 36	Definition of State
Article 37	Application of the principles: Non-justiciable.
Article 38	State to secures social order for the promotion of welfare of the people
Article 39	Certain principles of policy to be followed by the State
Article 39A	Equal justice and free legal aid
Article 40	Organisation 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 relief
Article 43A	Living wage, etc. for workers Participation of workers in management of industries
Article 43B	Promotion of co-operative societies
Article 44	Uniform civil code for the citizens
Article 45	Provision for early childhood care and education to children below the age of the six years
Article 46	Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes 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	Organisation of agriculture and animal husbandry
Article 48A	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 executive
Article 51	Promotion of international peace and security

 

 UPSC Prelims PYQs on DPSP

1. Under the Indian Constitution, concentration of wealth violates (UPSC CSE – 2021 Prelims)

(a) the Right to Equality

(b) the Directive Principles of State Policy

(c) the Right to Freedom

(d) the Concept of Welfare

Answer: (b)

Explanation:

Directive Principles guide the government in ensuring social and economic justice for a just society. Article 39 focuses on preventing wealth concentration.

2. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights? (UPSC CSE – 2020 Prelims)

1.      Preamble

2.      Directive Principles of State Policy

3.      Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (d)

Explanation:

The Preamble’s objectives align with UDHR principles. UDHR emphasizes social security and human dignity, resembling Directive Principles. Fundamental Duties (Art. 51A) reflect civic and moral obligations, including education, as in UDHR.