📜 DIRECTIVE PRINCIPLES OF STATE POLICY (ARTICLES 36–51)
SMART NOTES FOR UPSC & UPPCS (PART IV - GS PAPER 2)
🧭 INTRODUCTION
The Directive Principles of State Policy (DPSP) are contained in Part IV of the Indian Constitution (Articles 36 to 51). Borrowed from the Irish Constitution of 1937 (which in turn derived them from Spain), these principles represent the ideals that the State should keep in mind while formulating policies and enacting laws. Dr. B.R. Ambedkar famously described the DPSPs as a "novel feature" of the Constitution aimed at establishing Social and Economic Democracy and a true Welfare State in India.
🔥 Core Philosophical Precedent
While Fundamental Rights (Part III) establish political democracy by checking state power (negative obligations), DPSPs (Part IV) establish social and economic democracy by mandating state action (positive obligations).
Granville Austin called DPSPs and Fundamental Rights the "Conscience of the Constitution."
1. 🏛️ Fundamental Nature & Article 36–37 Foundation
Article 36: Definition of 'State'
States that unless the context otherwise requires, the term 'State' in Part IV has the same meaning as defined under Article 12 in Part III (includes Union Government, Parliament, State Governments, State Legislatures, Local Authorities, and statutory public agencies).
Article 37: Application & Non-Justiciable Nature
Article 37 is the foundational pillar governing the legal status of Part IV. It explicitly establishes three major propositions:
Non-Justiciable: The provisions contained in Part IV shall not be enforceable by any court of law. No writ can be issued against the State for failing to fulfill a DPSP.
Fundamental in Governance: Despite being non-enforceable, the principles are fundamental in the governance of the country.
Duty of the State: It shall be the duty of the State to apply these principles in making laws.
Feature
Fundamental Rights (Part III)
Directive Principles (Part IV)
Nature
Negative (prohibit the State from taking certain actions).
Positive (mandate the State to perform certain actions).
Legal Status
Justiciable & legally enforceable in courts (Art 32 & 226).
Non-justiciable & legally non-enforceable in courts (Art 37).
Democratic Aim
Establish Political Democracy.
Establish Social and Economic Democracy.
Sanction
Legal sanctions (judicial writs).
Moral and political sanctions (public accountability & elections).
Individual vs Social
Promote individual welfare (individualistic).
Promote community welfare (collectivistic).
2. 🧩 Three-Fold Classification: Socialistic, Gandhian & Liberal
The Constitution itself does not explicitly categorize DPSPs. However, based on their ideological content and direction, scholars classify them into three broad categories:
1. Socialistic Principles
Ideology aiming to eliminate social and economic inequalities, ensure fair distribution of material resources, and build a welfare state:
Article 38: Promote the welfare of people by securing a social order permeated by social, economic, and political justice; minimize inequalities in income, status, facilities, and opportunities.
Article 39: State shall secure specific policy goals:
39(a): Right to adequate means of livelihood for all citizens.
39(b): Ownership and control of material resources distributed to subserve the common good.
39(c): Prevention of concentration of wealth and means of production.
39(d): Equal pay for equal work for both men and women.
39(e): Protection of health and strength of workers and children against economic abuse.
39(f): Opportunities for healthy development of children.
Article 39A: Promote equal justice and provide free legal aid to the poor (Added by 42nd Amend 1976).
Article 41: Right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
Article 42: Provision for just and humane conditions of work and maternity relief.
Article 43: Secure a living wage, a decent standard of life, and social/cultural opportunities for all workers.
Article 43A: Participation of workers in the management of industries (Added by 42nd Amend 1976).
Article 47: Raise the level of nutrition and the standard of living and improve public health.
2. Gandhian Principles
Based on Gandhi's program of reconstruction drafted during the national freedom movement:
Article 40: Organize Village Panchayats and endow them with necessary powers and authority to function as units of self-government (Implemented via 73rd Amend 1992).
Article 43: Promote cottage industries on an individual or co-operative basis in rural areas.
Article 43B: Promote voluntary formation, autonomous functioning, and professional management of co-operative societies (Added by 97th Amend 2011).
Article 46: Promote educational and economic interests of SCs, STs, and other weaker sections, protecting them from social injustice and exploitation.
Article 47: Prohibit the consumption of intoxicating drinks and drugs harmful to health.
Article 48: Prohibit the slaughter of cows, calves, and other milch and draught cattle and improve their breeds.
3. Liberal-Intellectual Principles
Reflect the ideology of liberalism, constitutionalism, and progressive world order:
Article 44: Secure a Uniform Civil Code (UCC) for all citizens throughout the territory of India.
Article 45: Provide early childhood care and education for all children until they complete the age of six years (Modified by 86th Amend 2002).
Article 48: Organize agriculture and animal husbandry on modern and scientific lines.
Article 48A: Protect and improve the environment, and safeguard forests and wildlife (Added by 42nd Amend 1976).
Article 49: Protect monuments, places, and objects of artistic or historic interest declared to be of national importance.
Article 50:Separate the judiciary from the executive in the public services of the State.
Article 51: Promote international peace and security, maintain just and honorable relations between nations, foster respect for international law/treaties, and encourage settlement of disputes by arbitration.
Article 44 states: "The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India."
What is UCC?
A Uniform Civil Code refers to a single set of secular civil laws governing personal matters such as marriage, divorce, adoption, guardianship, succession, and inheritance for all citizens, irrespective of their religion.
Key Supreme Court Rulings Driving UCC
Shah Bano Case (1985): SC expressed regret that Article 44 remained a dead letter, emphasizing that a common civil code helps national integration by removing disparate loyalties.
Sarla Mudgal Case (1995): SC reiterated that solemnizing a second marriage by converting to Islam without dissolving the first marriage under Hindu law is illegal, urging the State to enact UCC.
Shayara Bano Case (2017): SC declared the practice of Instant Triple Talaq (Talaq-e-Biddat) unconstitutional under Article 14.
🔥 UCC Implementation Example
Goa is the only state in India that has a Uniform Civil Code (Goa Civil Code 1867 retained post-liberation). Recently, Uttarakhand became the first state in independent India to pass a Uniform Civil Code Bill (2024).
4. ✍️ Additions via Constitutional Amendments
Four constitutional amendments added new DPSPs or modified existing provisions:
Amendment Act
Articles Added / Modified & Subject
42nd Amendment Act, 1976 (Mini-Constitution)
Added 4 new Directive Principles:
• Art. 39(f): Opportunities for healthy development of children.
• Art. 39A: Equal justice and free legal aid to the poor.
• Art. 43A: Participation of workers in management of industries.
• Art. 48A: Protection of environment, forests, and wildlife.
44th Amendment Act, 1978
Added one new Directive Principle:
• Art. 38(2): Mandates State to minimize inequalities in income, status, facilities, and opportunities.
86th Amendment Act, 2002
Changed the subject matter of Article 45:
• Made early childhood care and education for children below 6 years a DPSP (while creating Art. 21A as a Fundamental Right for ages 6–14).
97th Amendment Act, 2011
Added one new Directive Principle:
• Art. 43B: Voluntary formation, autonomous functioning, and professional management of co-operative societies.
5. ⚖️ Evolution of Conflict: Fundamental Rights vs. DPSP
The relationship between Fundamental Rights (Part III) and Directive Principles (Part IV) evolved through a series of legal tussles between the Judiciary and Parliament:
1. Champakam Dorairajan Case (1951)
Supreme Court ruled that in case of any conflict between Fundamental Rights and DPSP, Fundamental Rights prevail.
DPSPs were declared subsidiary to Fundamental Rights. However, Parliament responded by passing the 1st Amendment Act (1951) to allow reservations under Art. 15(4).
2. Golak Nath Case (1967)
Supreme Court ruled that Parliament cannot amend or take away Fundamental Rights to implement DPSPs.
3. 25th Amendment Act (1971) & Insertion of Article 31C
Parliament inserted Article 31C, which contained two vital clauses:
Clause 1: No law giving effect to DPSPs under Article 39(b) and 39(c) shall be declared void for violating Fundamental Rights under Articles 14, 19, or 31.
Clause 2: No law containing such a declaration shall be questioned in any court.
4. Kesavananda Bharati Case (1973)
SC upheld Clause 1 of Article 31C (Articles 39(b) & (c) can override Arts 14 & 19).
SC struck down Clause 2 of Art 31C, establishing that Judicial Review is part of the Basic Structure.
5. 42nd Amendment Act (1976) Expansion
Parliament attempted to extend Art 31C protection to ALL DPSPs (giving all DPSPs precedence over Articles 14, 19, and 31).
6. Minerva Mills Case (1980) — The Final Settlement
Supreme Court struck down the 42nd Amendment extension of Article 31C as unconstitutional.
Chief Justice Y.V. Chandrachud delivered the classic dictum: "The Indian Constitution is founded on the bedrock of the balance between Part III and Part IV. To give absolute primacy to one over the other is to disturb the harmony of the Constitution."
🔥 Present Legal Position
1. Fundamental Rights enjoy supremacy over Directive Principles in general.
2. EXCEPTION: Laws passed to implement DPSPs under Article 39(b) and Article 39(c) take precedence over Fundamental Rights under Article 14 and Article 19. (Article 31C survives to this extent).
6. 🌐 Directives Outside Part IV of the Constitution
Apart from Part IV, the Constitution contains directives to the State in other parts. They are also non-justiciable in nature:
Article 335 (Part XVI): Claims of SCs and STs to Services
The claims of members of Scheduled Castes and Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in making appointments to public services.
Article 350A (Part XVII): Instruction in Mother Tongue
Every State and local authority should endeavor to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups.
Article 351 (Part XVII): Development of Hindi Language
It shall be the duty of the Union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all elements of the composite culture of India.
7. 🛠️ Key Government Initiatives Implementing DPSPs
Article
Key Implementation Enactments / Schemes
Article 38 & 39
Planning Commission / NITI Aayog, MGNREGA, Land Reform Acts, Equal Remuneration Act 1976, Maternity Benefit Act 1961.
Article 39A
Legal Services Authorities Act 1987 (established NALSA, SALSA, and Lok Adalats).
Separation of Executive Magistrates from Judicial Magistrates via Code of Criminal Procedure (CrPC), 1973.
8. 🎯 UPSC PRELIMS FACTS
📌 High-Yield Facts
DPSPs are borrowed from the Irish Constitution of 1937 (which borrowed from Spain).
DPSPs are non-justiciable under Article 37.
Dr. B.R. Ambedkar called DPSP a "Novel Feature" of the Constitution.
Granville Austin called FRs and DPSP the "Conscience of the Constitution."
Sir Ivor Jennings criticized DPSPs as "Pious Aspirations."
K.T. Shah famously compared DPSP to a "check on a bank, payable only when the resources of the bank permit."
Article 31C provides that laws giving effect to Article 39(b) & (c) override Articles 14 and 19.
Free legal aid to poor is under Article 39A (42nd Amend 1976).
Separation of Judiciary from Executive is under Article 50.
Promotion of International Peace & Security is under Article 51.
9. ✍️ UPSC MAINS VALUE ADDITION
💡 Analytical Anchor Points
Judicial Use of DPSP as Interpretative Light: Even though non-justiciable, courts use DPSPs to interpret the scope of Fundamental Rights. In Unni Krishnan case (1993) and Maneka Gandhi case, SC read Article 45 and Article 47 into Article 21 (Right to Life) to expand socio-economic rights.
Transformative Constitutionalism: DPSPs act as the blueprint for transformative constitutionalism—moving India from a post-colonial police state to a vibrant welfare state.
Moral Benchmark for Electorate: As Ambedkar noted in Assembly debates, a government that fails to implement DPSPs will certainly have to answer for them before the electorate at election time. Political accountability acts as the primary enforcement mechanism.
10. ❓ FREQUENTLY ASKED QUESTIONS (FAQ)
Where are the Directive Principles of State Policy borrowed from?
The Directive Principles of State Policy are enumerated in Part IV (Articles 36 to 51) and were borrowed from the Irish Constitution of 1937, which had copied them from the Spanish Constitution.
Are the Directive Principles of State Policy justiciable in courts?
No. Article 37 explicitly states that DPSPs are non-justiciable and non-enforceable in courts. However, it declares that these principles are fundamental in the governance of the country and it is the duty of the State to apply them in making laws.
What happens in case of a conflict between Fundamental Rights and DPSP?
In the landmark Minerva Mills Case (1980), the Supreme Court ruled that the Indian Constitution is founded on the bedrock of the balance between Part III (Fundamental Rights) and Part IV (DPSP). Neither overrides the other; they must be harmoniously constructed.
Which Article of the Constitution provides for a Uniform Civil Code (UCC)?
Article 44 under the Liberal-Intellectual Directive Principles states that the State shall endeavor to secure for citizens a Uniform Civil Code throughout the territory of India.
11. 🔗 Related GS2 Polity Notes
Continue your Indian Polity syllabus coverage with these core cluster notes:
