Author: Durvesh Patil, Hindi Vihar Prachar Samiti’s College of Law
Abstract
The Directive Principles of State Policy (DPSPs), contained in Part IV of the Constitution of India (Articles 36–51), embody the vision of a welfare state envisaged by the framers of the Constitution. Inspired by the Irish Constitution, DPSPs aim to establish socio-economic justice by guiding the State in policy formulation and governance. This article analyses the constitutional philosophy, legal status, judicial interpretation, and practical implementation of DPSPs, highlighting their evolving role in Indian constitutional jurisprudence. The Directive Principles of State Policy (DPSP), enshrined in Part IV (Articles 36-51) of the Indian Constitution, are a set of fundamental guidelines and principles for the state to promote social, economic, and political justice and establish a welfare state.
While not legally enforceable in court, Article 37 declares them “fundamental in the governance of the country” and obligates the State to apply these principles when creating laws. They provide guidance for governments and the judiciary to work towards an egalitarian society, aiming to realize the ideals of justice, liberty, equality, and fraternity outlined in the Preamble
To the Point
Directive Principles of State Policy are constitutional mandates addressed to the State, requiring it to strive towards securing social, economic, and political justice for its citizens. They seek to ensure equitable distribution of resources, adequate livelihood, equal pay for equal work, promotion of education, improvement of public health, and protection of the environment. DPSPs represent the moral framework of governance and aim to bridge the gap between legal democracy and social democracy.
Unlike Fundamental Rights, DPSPs do not confer enforceable rights upon individuals. Their purpose is to guide the legislature and executive in law-making and policy execution. By emphasizing distributive justice and collective welfare, DPSPs complement individual liberties guaranteed under Part III. Together, they reflect the transformative character of the Indian Constitution.
Use of Legal Jargon
The DPSP, found in Part IV of the Constitution (Articles 36-51), uses formal legal terminology to define the state’s duties and objectives. This is necessary for clarity within the legal framework, even though the principles themselves are non-justiciable (not directly enforceable by courts)
“Non-justiciable” and “enforceable”: These terms explicitly define the legal status of DPSPs, stating they “shall not be enforceable by any court”.
“The State shall endeavour/strive”: This formal phrasing, as seen in articles like 38, 44, and 50, creates a constitutional “duty” or moral obligation for the government, rather than a vague suggestion.
“Adequate means of livelihood” and “equitable distribution of material resources”: These specific socio-economic terms in Article 39 are legal concepts used to guide legislative actions like land reforms and minimum wage laws.
“Jurisprudence” and “interpretation”: The language used is structured to be interpreted by courts when assessing the constitutionality or validity of laws and policies, often to achieve a balance with Fundamental Rights.
“Ameliorate,” “spoliation,” “disfigurement”: Words such as these are used in articles like 42 (just and humane conditions of work) and 49 (protection of monuments) to outline specific conditions and protections in formal, precise language.
“Uniform Civil Code” and “Separation of Judiciary from the Executive”: These are specific legal and governance concepts that are expressed using formal terminology in Articles 44 and 50, respectively
The Proof
The practical implementation of DPSPs is evident in numerous legislative enactments and welfare schemes enacted by the State. Laws such as the Minimum Wages Act, 1948, Equal Remuneration Act, 1976, and Factories Act, 1948 reflect the ideals enshrined under Articles 39 and 43. The Right of Children to Free and Compulsory Education Act, 2009, derived from Article 45, demonstrates the transformation of a Directive Principle into a Fundamental Right through constitutional amendment.
Further, welfare schemes like MGNREGA, 2005, Public Distribution System (PDS), and Environmental protection measures, guided by Article 48A, and judicial recognition of sustainable development further strengthen the relevance of DPSPs. These examples affirm that despite their non-justiciable character, DPSPs have been instrumental in shaping India’s socio-economic landscape.
Case Laws
State of Madras v. Champakam Dorairajan (1951)
The Supreme Court held that in case of conflict between Fundamental Rights and DPSPs, Fundamental Rights would prevail. This case underscored the subordinate status of DPSPs in the early years of constitutional interpretation.
Kesavananda Bharati v. State of Kerala (1973)
The Court observed that both Fundamental Rights and DPSPs constitute the core of the Constitution and together form part of its basic structure. This judgment marked a paradigm shift in constitutional interpretation.
Minerva Mills Ltd. v. Union of India (1980)
The Court emphasized that the harmony and balance between Part III and Part IV is an essential feature of the Constitution, rejecting any absolute primacy of one over the other.
Unni Krishnan v. State of Andhra Pradesh (1993)
The right to education was read into Article 21 by relying on Article 45, demonstrating the judiciary’s role in enforcing DPSPs indirectly.
State of Kerala v. N.M. Thomas (1976)
The Court recognized the role of DPSPs in promoting substantive equality, particularly in matters of affirmative action.
Conclusion
Directive Principles of State Policy constitute the socio-economic conscience of the Indian Constitution. Though non-justiciable, they impose a binding moral obligation upon the State to govern in accordance with constitutional ideals of justice, equality, and welfare. The judiciary has progressively infused life into DPSPs by interpreting Fundamental Rights in light of Directive Principles, thereby ensuring a dynamic and transformative constitutional framework.
In essence, DPSPs transform the Constitution from a static legal document into a living instrument of social change. Their true efficacy lies in political will, legislative action, and judicial sensitivity. Without DPSPs, the promise of social and economic justice enshrined in the Preamble would remain illusory. Therefore, DPSPs remain indispensable to the realization of a just and egalitarian society in India.
FAQS
1. What are DPSPs?
Guidelines in Part IV (Articles 36–51) of the Constitution to promote a welfare state.
2. Are DPSPs enforceable by courts?
No, they are non-justiciable.
3. Why are DPSPs important?
They guide the State in achieving social and economic justice.
4. Source of DPSPs?
Inspired by the Irish Constitution.
5. Difference from Fundamental Rights?
Fundamental Rights are enforceable; DPSPs are not.
6. Legal status of DPSPs?
Fundamental in governance but not legally binding.
