Directive Principles of State Policy

Introduction:-
The Directive Principles of State Policy (DPSP) are a set of guidelines
and principles laid down in Part IV of the Constitution of India. Unlike
Fundamental Rights (which are justiciable), the DPSP are not
enforceable by the courts. However, they are considered
fundamental in the governance of the country, and it is the duty of
the state to apply these principles in making laws.

The DPSP are inspired by the socio-economic philosophy of the

Constitution and aim to establish a welfare state. They were
borrowed from the Irish Constitution and are enshrined in Articles 36
to 51 of the Indian Constitution.

Here are some key Directive Principles of State Policy:

Directives based on Socialist Principles
Article 38: The State shall strive to promote the welfare of the
people by securing and protecting a social order by ensuring social,
economic and political justice and by minimising inequalities in
income, status, facilities and opportunities
Articles 39: The State shall in particular, direct its policies towards
securing:

Right to an adequate means of livelihood to all the citizens.

The ownership and control of material resources shall be organised
in a manner to serve the common good.
The State shall avoid concentration of wealth in a few hands.
Equal pay for equal work for both men and women.
The protection of the strength and health of the workers.
Childhood and youth shall not be exploited.
Article 41: To secure the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disability.
Article 42: The State shall make provisions for securing just and
humane conditions of work and for maternity relief.
Article 43: The State shall endeavour to secure to all workers a living
wage and a decent standard of life.

Article 43A: The State shall take steps to secure the participation of
workers in the management of industries.
Article 47: To raise the level of nutrition and the standard of living of
people and to improve public health.
Directives based on Gandhian Principles
 Article 40: The State shall take steps to organise village
panchayats as units of Self Government
 Article 43: The State shall endeavour to promote cottage
industries on an individual or cooperative basis in rural areas.

o Article 43B: To promote voluntary formation, autonomous

functioning, democratic control and professional
management of cooperative societies.
 Article 46: The State shall promote educational and economic
interests of the weaker sections of the people particularly that of
the Scheduled Castes (SCs), Scheduled Tribes (STs) and other
weaker sections.
 Article 47: The State shall take steps to improve public
health and prohibit consumption of intoxicating drinks and drugs
that are injurious to health.
 Article 48: To prohibit the slaughter of cows, calves and other
milch and draught cattle and to improve their breeds.
Directives based on Liberal-Intellectual Principles
 Article 44: The State shall endeavour to secure for the citizen
a Uniform Civil Code through the territory of India.
 Article 45: To provide early childhood care and education for all
children until they complete the age of six years.
 Article 48: To organise agriculture and animal husbandry on
modern and scientific lines.

o Article 48A: To protect and improve the environment and to

safeguard the forests and wildlife of the country.
 Article 49: The State shall protect every monument or place of
artistic or historic interest.
 Article 50: The State shall take steps to separate judiciary from
the executive in the public services of the State.
 Article 51: It declares that to establish international peace and
security the State shall endeavour to:

o Maintain just and honourable relations with the nations.

o Foster respect for international law and treaty obligations.
o Encourage settlement of international disputes by
arbitration.

.
These principles are not justiciable in the courts, meaning that
citizens cannot move the court for their enforcement. However, they
are considered fundamental in the governance of the country, and it
is the duty of the state to apply these principles in making laws. The
DPSP provide a roadmap for the state in the formulation of policies
and laws to create a just and equitable society.

Salient features of Indian Constitution:-

Introduction:- Indian constitution is unique in its content and spirit.

The makers of the Indian constitution faced challenges due to
diversity prevalent in India. In India we have people of different
religion, belonging to different states and speak different languages.
Indian constitution has borrow many principles from the constitution
of various countries. Still it has several features which distinguishes it
from the other constitutions of the world.
Below are the salient features of the Indian constitution:-
1. Lengthiest written constitution
2. Drawn from various resources
3. Unique blend of rigidity and flexibility
4. Parliamentary form of government
5. Federal form
6. Three tier government
7. Independent entities
8. Judicial supremacy
9. Rule of law
10. Universal adult franchisee
11. Single citizenship
12. Secular state
13. Cooperative societies
14. Fundamental rights
15. Fundamental duties
16. Directive principles of state policy
Protection Against Arrest and Detention

1. Article 22 grants protection to persons who are arrested or

detained
2. Detention is of two types, namely, punitive and preventive
Punitive detention is to punish a person for an offence committed by
him after trial and conviction in a court.

Preventive detention, on the other hand means detention of a person

without trial and conviction by a court.
Its purpose is not to punish a person for a past offence but to prevent
him from committing an offence in the near future. Thus, preventive
detention is only a precautionary measure and based on suspicion

First part of Art 22

(a) The first part of Article 22 confers the following rights on a person
who is arrested or detained under an ordinary law:
(i) Right to be informed of the grounds of arrest.
(ii) Right to consult and be defended by a legal practitioner.
(iii) Right to be produced before a magistrate within 24 hours
including the journey time
(iv) Right to be released after 24 hours unless the magistrate
authorises further detention.
not available to an enemy alien or a person arrested or detained under a
preventive detention law.
do not cover arrest under the orders of a court, civil arrest, arrest on
failure to pay the income tax, and deportation of an alien. They apply
only to an act of a criminal or quasi-criminal nature or some activity
prejudicial to public interest.
(b) The second part of Article 22 grants protection to persons who
are arrested or detained under a preventive detention law. This
protection is available to both citizens as well as aliens and
includes the following:

(i) The detention of a person cannot exceed three months unless

advisory board reports sufficient cause for extended detention
The board is to consist of judges of a high court.

(ii) The grounds of detention should be communicated to the detened

However, the facts considered to be against the public interest
need not be disclosed.

(iii) The detenu should be afforded an opportunity to make

representation against the detention order.

1.The Constitution has divided the legislative power with regard to

preventive detention between the Parliament and the state
legislatures.
2.The Parliament has exclusive authority to make a law of
preventive detention for reasons connected with defence, foreign
affairs and the security of India.
3. Both the Parliament as well as the state legislatures can concurrently
make a law of preventive detention for reasons connected with the
security of a state, the maintenance of public order and the maintenance
of supplies and services essential to the community