Directive Principles of State

Policy
Part iv of indian constitution
(Article 36-51)

Submitted by:
Submitted to: Pranshi Chaurasia
Mr. S. Shekhar (1806413018)
IT Department
 Definition Of Directive Principle Of State
Policy (DPSP)

The concept behind the DPSP is to create a ‘Welfare State’. In other words, the
motive behind the inclusion of DPSP is not establishing political democracy
rather, it’s about establishing social and economic democracy in the state. These
are some basic principles or instructions or guidelines for the government while
formulating laws/policies of the country and in executing them.

According to Dr B R Ambedkar, these principles are ‘novel features’ of the

Constitution. DPSP acts as a guideline for the state and should be taken into
consideration while coming up with some new policy or any law. But no one can
compel the State to consider and follow all that which is mentioned in DPSP, as
DPSP is not justifiable.
Features Of Directive Principle Of State Policy
(DPSP)
 It denotes the ideals that the State should keep in mind while formulating policies and
enacting laws.

 It resembles the ‘Instrument of Instructions’ enumerated in the Government of India Act
of 1935. In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument
of instructions, which were issued to the Governor-General and to the Governors of the
colonies of India by the British Government under the Government of India Act of 1935.

 What is called Directive Principles is merely another name for the instrument of
instructions. The only difference is that they are instructions to the legislature and the
executive’.

 It constitutes a very comprehensive economic, social and political program for a modern
democratic State which aimed at realizing the high ideals of justice, liberty, equality and
fraternity as outlined in the Preamble to the Constitution. They embody the concept of a
‘welfare state’ which was absent during the colonial era.
Classification Of Directive Principle Of State
Policy(DPSP)

The Constitution of India does not formally classify the

Directive Principles of State Policy but for better
understanding and on the basis of content and direction-
they can be classified into three categories:

 Socialistic Principles
 Gandhian Principles
 Liberal-Intellectual Principles.
Socialistic Principles:
These principles contemplate the ideology of socialism and lay down the
framework of a democratic socialist state. The concept envisages providing social
and economic justice, so that state should achieve the optimum norms of welfare
state. They direct the state through- Article 38, Article 39, Article 39 A, Article 41,
Article 42, Article 43, Article 43 A and Article 47.

Gandhian Principles:
These principles reflect the program me of reconstruction enunciated by Gandhi
during the national movement. In order to fulfill the dreams of Gandhi, some of
his ideas were included in DPSP and they direct the state through- Article 40,
Article 43, Article 43 B, Article 46, Article 47 and Article 48.

Liberal-Intellectual Principles:
These principles inclined towards the ideology of liberalism and they direct the
state through- Article 44, Article 45, Article 48, Article 48 A, Article 49, Article
50 and Article 51.
New Provisions of Directive Principles after
Amendment
Four new Directive Principles were added in the 42nd Amendment Act of 1976 to
the original list. They are requiring the state:

 Added clause in Article 39: To secure opportunities for healthy development of

children

 Added clause in Article 39 as Article 39A: To promote equal justice and to

provide free legal aid to the poor

 Added clause in Article 43 as Article 43 A: To take steps to secure the

participation of workers in the management of industries

 Added clause in Article 48 as Article 48A: To protect and improve the

environment and to safeguard forests and wildlife
44th Amendment Act of 1978:
The 44th Amendment Act of 1978 necessitated the state to abate inequalities in
income, status, facilities and opportunities under Article 38.

86th Amendment Act of 2002:

The 86th Amendment Act of 2002 made the elementary education a fundamental
right under Article 21 A and modified the subject-matter of Article 45. The 86th
Amendment Act necessitated the state to provide early childhood care and
education for all children until they complete the age of six years.

97th Amendment Act of 2011:

A new Directive Principle was added during 97th Amendment Act relating to co-
operative societies. It necessitated the state to promote voluntary formation,
autonomous functioning, democratic control and professional management of co-
operative societies under Article 43B.
 Implementation Of Directive Principle Of State
Policy
The govt of the Union and the States have taken significant steps to implement
the Directive Principles.
 Abolition of Zamindari : The greatest progress has taken place in implementing
Art. 39(b). which states equitable distribution of wealth. Under this Article, the
Zamindari, Jagirdari and Inamdari systems have been abolished and actual tillers
of the soil have been made owners of the land.
 Land holdings : In order to prevent concentration of land in fewer hands [Art.
39(c)], a majority of State govts. have enacted laws fixing a limit to land holdings.
 Panchayats : Under Art. 40, almost all the States have organized village
panchayats, elected by adult population, which are endowed with powers of civil
administration. This was brought about by 73rd and 74th Amendment Act.
 Minimum wages : Laws providing for minimum wages and equal pay for equal
work for both men and women have been enacted [MGNREGA]
 Standard of living : Community Development Program has been launched
throughout India for raising the standards of living of the rural population [Art.
47].
Difference between Fundamental Rights and Directive Principles Of State
Policy
S.N. Fundamental Rights
1. These are negative as they prohibit the
state from doing certain things.
2. These are justifiable, that is they are
legally enforceable by the courts in the
case of their violation.
3. They aim at establishing political
democracy in the country.
4. They promote the welfare of the
individual. Hence they are personal and
individualistic.
5. They do not require any legislation for
their implementation. They are
automatically enforced.
6. The courts are bound to declare a law
volatile of any of the fundamental rights
as unconstitutional and invalid.
Directive Principles
These are positive as they requires the state to
do certain things
These are non justifiable i.e. they are not
enforceable by the courts for their violation.
They aim at establishing social and economic
democracy in the country.
They promote the welfare of the community.
Hence they are societarian and socialistic.
They require legislation for their
implementation. They are not automatically
enforced.
The court can not declare a law volatile of any
of the directive principles as unconstitutional
and invalid. However, they can uphold the
validity of a law on the ground that it was
enacted to give effect to a directive.
 Conclusion
 It should be remembered that the Preamble, the FRs and the
DPSPs are all integral parts of the same constitutional edifice.

 They are all equally important and have to be read with each
other.

The emphasis in the entire scheme of the Constitution under the

headings of the Preamble, the Fundamental Rights and the
Directive Principles is on building an egalitarian society and on the
concept of socio-economic justice.

The Fundamental Rights and the Directive Principles together

constituted the soul of the Constitution.
THANK YOU