Introduction & Summary
Part IV of the Indian Constitution, encompassing Articles 36 to 51, lays down the Directive Principles of State Policy (DPSPs). These principles are fundamental guidelines or instructions to the State (as defined in Article 36, which mirrors Article 12) for its legislative, executive, and administrative actions.
Unlike Fundamental Rights (Part III), DPSPs are non-justiciable, meaning they are not enforceable by courts for their violation. However, they are declared "fundamental in the governance of the country," imposing a moral obligation on the State to apply them in making laws.
Inspired by various sources, including the Irish Constitution and the ideals of the Indian national movement, DPSPs aim to establish a "welfare state" by promoting social and economic democracy, thereby complementing the political democracy guaranteed by Fundamental Rights. They represent the aspirational goals of the Constitution, guiding India towards a just and equitable society.
(Source: Broad understanding synthesized from Laxmikanth, 'Indian Polity'; D.D. Basu, 'Introduction to the Constitution of India'; Granville Austin, 'The Indian Constitution: Cornerstone of a Nation')
Core Content: Unpacking DPSPs
7.1.1: Inspiration and Sources
The inclusion of Directive Principles of State Policy in the Indian Constitution was not an isolated act but was influenced by various historical precedents and philosophical ideals.
Irish Constitution (Article 45)
The most significant direct inspiration for the DPSPs came from the Constitution of Ireland, 1937, which contains "Directive Principles of Social Policy," intended for legislative guidance and non-justiciable.
Instruments of Instructions (GoI Act, 1935)
Served as a precedent, these were instructions to the Governor-General and Governors on exercising powers. Dr. Ambedkar described DPSPs as a wider democratic version of these.
Ideals of Indian National Movement
Embodied aspirations beyond political independence. The Karachi Resolution (1931) on Fundamental Rights and Economic Policy, and the Sapru Report (1945) advocating for justiciable and non-justiciable rights, were crucial.
Fabian Socialism
Advocated gradual social and economic reforms through democratic means, influencing leaders like Nehru. DPSPs reflect this inclination towards democratic socialism and a welfare state.
Gandhian Philosophy
Several DPSPs directly reflect Mahatma Gandhi's vision for independent India, including village panchayats (Art 40), cottage industries (Art 43), promotion of weaker sections (Art 46), prohibition (Art 47), and cow slaughter prohibition (Art 48).
(Source: Laxmikanth, 'Indian Polity'; Granville Austin, 'The Indian Constitution: Cornerstone of a Nation'; Constituent Assembly Debates)
7.1.2: Nature and Objectives of DPSPs
The Directive Principles of State Policy are a unique feature of the Indian Constitution, outlining the socio-economic philosophy and goals of the Indian state.
Aim: Establish a "Welfare State"
Primary objective to guide State in establishing a welfare state, promoting social and economic democracy, complementing political democracy of FRs. Dr. Ambedkar emphasized realizing ideals of justice, liberty, equality, fraternity.
Comprehensive Socio-Economic Program
Lays down goals for adequate livelihood (Art 39a), equitable distribution (Art 39b), prevention of wealth concentration (Art 39c), equal pay (Art 39d), worker/child protection (Art 39e,f), right to work (Art 41), living wage (Art 43), UCC (Art 44), international peace (Art 51).
Fundamental in Governance (Art 37)
Clearly states: "The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country..."
Non-Justiciable Nature (Art 37)
Not enforceable by courts. Citizens cannot compel implementation. Reasons cited: lack of resources, diversity, need for flexibility, aspirational nature.
Moral Obligation on State (Art 37)
"...and it shall be the duty of the State to apply these principles in making laws." Imposes moral and political obligation. Ultimate sanction is the electorate.
Guiding Ideals for State Organs
For Legislature & Executive: Beacons for laws/policies. For Judiciary: Used to determine reasonableness of FR restrictions, uphold welfare laws, expand FR scope (e.g., Art 21 and Art 45), emphasize harmonious construction.
Dr. B.R. Ambedkar referred to DPSPs as "novel features" of the Indian Constitution.
Granville Austin described DPSPs and Fundamental Rights as the "Conscience of the Constitution."
(Source: Laxmikanth, 'Indian Polity'; Constitution of India (Bare Act - Article 37); Constituent Assembly Debates; Granville Austin, 'The Indian Constitution: Cornerstone of a Nation')
7.1.3: Definition of 'State' (Article 36)
Article 36 states: "In this Part [Part IV], unless the context otherwise requires, “the State” has the same meaning as in Part III [Fundamental Rights]."
This explicitly means the definition provided in Article 12 applies to DPSPs as well.
- Government and Parliament of India (Union Executive and Legislature).
- Government and Legislature of each of the States (State Executive and Legislature).
- All local authorities (municipalities, panchayats, district boards, improvement trusts, etc.).
- All other authorities within the territory of India or under the control of the Government of India (including statutory and non-statutory bodies acting as instrumentalities of the State, e.g., LIC, ONGC, as interpreted by judiciary).
Implication: The directives in Part IV are addressed to all these bodies. All organs of the government and public authorities are expected to be guided by DPSPs in their respective spheres of action. The judiciary is also covered in its interpretative role by being mindful of DPSPs.
(Source: Constitution of India (Bare Act - Article 36 & 12); Laxmikanth, 'Indian Polity')
Prelims-ready Notes
- DPSPs (Part IV, Art 36-51): Guidelines/instructions to State for socio-economic democracy.
- Inspiration & Sources: Irish Constitution (Art 45) - main source; Instruments of Instructions (GoI Act, 1935); Ideals of National Movement (Karachi Resolution 1931, Sapru Report 1945); Fabian Socialism & Gandhian Philosophy.
- Nature & Objectives: Aim: Welfare State (social & economic democracy); Comprehensive socio-economic program; Fundamental in governance (Art 37); Non-justiciable (not enforceable by courts - Art 37); Moral obligation on State to apply in law-making (Art 37); Guiding ideals for State (legislature, executive, judiciary); Ambedkar: "novel features"; Austin: "Conscience of Constitution" (FRs & DPSPs).
- Definition of 'State' (Article 36): Same meaning as in Part III (i.e., as per Article 12); Includes Union/State Govt & Legislature, local authorities, other authorities.
Summary Table: DPSPs - Concept & Nature
| Feature | Details | Constitutional Reference |
|---|---|---|
| Part of Constitution | Part IV | Articles 36-51 |
| Main Inspiration | Irish Constitution (Article 45) | --- |
| Primary Aim | Establish a "Welfare State"; achieve Social & Economic Democracy. | Preamble ideals |
| Nature | Directives/Guidelines to the State. | --- |
| Justiciability | Non-justiciable (not enforceable by courts). | Article 37 |
| Role in Governance | Fundamental in the governance of the country. | Article 37 |
| State's Obligation | Duty of the State to apply these principles in making laws (Moral obligation). | Article 37 |
| Definition of 'State' | Same as in Part III (Article 12). | Article 36 |
Mains-ready Analytical Notes
DPSPs as the "Conscience" or "Soul" of the Constitution
Highlights their ethical and aspirational core, representing socio-economic ideals envisioned by framers. Embody the spirit of the freedom struggle. Provide a moral framework for governance, reminding the state of long-term responsibilities.
Rationale for Non-Justiciability – Pragmatism and Gradualism
A pragmatic decision considering India's socio-economic conditions at independence (poverty, lack of resources). Immediate enforceability impossible. Allows gradual, phased implementation. Real sanction is political (public opinion, elections) not legal.
Significance Despite Non-Justiciability
"Fundamental in Governance" gives high moral/political status. Influence on legislation (land reforms, minimum wages, Panchayati Raj). Aid to judicial interpretation (reasonableness of FR restrictions, upholding welfare laws, expanding FR scope). Benchmark for state performance.
DPSPs and the Idea of a Comprehensive Social Revolution
Granville Austin: key instrument for social revolution. Blueprint for transforming unequal society into egalitarian one. Building an inclusive state caring for all citizens, especially vulnerable.
Broad Scope of 'State' under Article 36
Adopting wide definition from Article 12 ensures responsibility rests not just with central/state governments, but also local bodies and other public authorities. Implies decentralized approach to achieving welfare goals.
Current Affairs & Recent Developments
Uniform Civil Code (UCC) - Article 44
Highly debated. Law Commission solicited views. States like Uttarakhand passed UCC bills (Feb 2024). Highlights ongoing relevance of DPSPs in policy discourse, balancing with FRs like religious freedom.
Social Welfare Schemes
Govt. schemes (Ayushman Bharat, PM Awas Yojana, MGNREGA, Poshan Abhiyan) implement DPSPs like Art 38 (social order), Art 39(a) (adequate livelihood), Art 41 (right to work), Art 42 (just work conditions), Art 47 (nutrition/public health).
Environmental Protection Policies (Article 48A)
Initiatives on climate change, renewable energy, forest conservation, pollution control align with Art 48A. India's updated NDCs under Paris Agreement.
Promotion of International Peace and Security (Article 51)
India's foreign policy, role in international forums (G20 presidency, "Vasudhaiva Kutumbakam"), efforts towards peaceful dispute resolution reflect Art 51.
Panchayati Raj Strengthening (Article 40)
Ongoing efforts to strengthen local self-governments, improve financial autonomy and functional capacity are direct implementations of Article 40.
Judicial References to DPSPs
Courts continue to refer to DPSPs while interpreting FRs or assessing reasonableness of state actions, emphasizing their role in promoting a welfare state.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. The ideal of 'Welfare State' in the Indian Constitution is enshrined in its (UPSC CSE 2015)
Hint/Explanation: DPSPs in Part IV are specifically aimed at establishing a welfare state by promoting social and economic justice.
2. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (UPSC CSE 2012)
1. Securing for citizens of India a uniform civil code
2. Organizing village Panchayats
3. Promoting cottage industries in rural areas
4. Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
Hint/Explanation: Organizing village panchayats (Art 40) and promoting cottage industries (Art 43) are distinctly Gandhian principles. Uniform civil code (Art 44) is a liberal-intellectual principle. Securing reasonable leisure/cultural opportunities (Art 43 part) is more socialistic.
3. Which part of the Constitution of India declares that the Directive Principles of State Policy are 'fundamental in the governance of the country'?
Hint/Explanation: Article 37 in Part IV explicitly states that DPSPs are not enforceable by courts but are "nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws."
Mains Questions
1. "Directive Principles of State Policy are not merely pious declarations but are fundamental to the governance of the country." Elaborate on the significance of DPSPs in the Indian constitutional framework despite their non-justiciable nature.
Direction/Value Points:
- Introduction: Explain DPSPs and their non-justiciable nature (Art 37).
- Significance Despite Non-Justiciability: Fundamental in Governance (Art 37): Moral/political obligation on State.
- Guiding Ideals for Legislation & Policy: Blueprint for welfare state (social, economic, political justice). Cite examples of laws/policies based on DPSPs (land reforms, minimum wages, Panchayati Raj, environmental laws, RTE).
- Aid to Judicial Interpretation: Courts use DPSPs to interpret FRs, determine reasonableness of restrictions, uphold welfare laws. Harmonious construction.
- Benchmark for State Performance: Public can assess government based on DPSP implementation. Political accountability.
- Continuity of Vision: Reflect ideals of freedom struggle and framers' vision.
- Ambedkar's views on their importance.
- Conclusion: Despite non-justiciability, DPSPs are the "conscience of the Constitution," profoundly influencing governance, law-making, and judicial interpretation, thereby playing a vital role in steering India towards a socio-economic democracy.
2. What were the main sources of inspiration for the Directive Principles of State Policy in the Indian Constitution? How do these principles aim to achieve the objectives of a welfare state?
Direction/Value Points:
- Introduction: Briefly introduce DPSPs.
- Main Sources of Inspiration: Irish Constitution (Art 45) – Direct borrowing; Instruments of Instructions (GoI Act, 1935) – Precedent; Ideals of Indian National Movement (Karachi Resolution, Sapru Report) – Indigenous aspirations; Fabian Socialism – Democratic socialist goals; Gandhian Philosophy – Principles of rural development, social justice, prohibition.
- How DPSPs Aim to Achieve Welfare State Objectives: Social Justice: Promoting equality, protecting weaker sections (Art 38, 39A, 46).
- Economic Justice: Equitable distribution of resources, preventing wealth concentration, living wage, right to work/education/public assistance (Art 39(b,c), 41, 43).
- Political & Administrative Ideals: Village panchayats (Art 40), UCC (Art 44), separation of judiciary from executive (Art 50).
- Environmental Protection & International Peace: (Art 48A, 51).
- Provide specific examples of DPSPs and how they contribute to a welfare state.
- Conclusion: The eclectic sources of DPSPs provided a rich tapestry of ideals that collectively aim to transform India into a comprehensive welfare state, ensuring not just political freedom but also social and economic justice for its citizens.
3. Critically examine the argument that the non-justiciable nature of Directive Principles of State Policy has rendered them ineffective in achieving their intended socio-economic goals.
Direction/Value Points:
- Introduction: Define DPSPs and their non-justiciable nature. State the argument to be examined.
- Arguments for "Ineffectiveness" due to Non-Justiciability: Lack of direct legal enforceability; Socio-economic goals remain aspirational; Political will often lacking; Resource constraints cited.
- Arguments Against "Ineffectiveness" / How DPSPs are still effective: "Fundamental in Governance" (Art 37); Inspiration for Legislation (numerous laws enacted); Influence on Judicial Interpretation (interpreting FRs, upholding welfare laws); Public Opinion & Political Accountability; Shaping Policy Discourse.
- Balanced View: While full realization is a long journey, DPSPs have demonstrably influenced state policy, law, and judicial interpretation, giving them indirect enforceability.
- Conclusion: Non-justiciable nature does not render them entirely ineffective. They act as powerful guiding principles and a moral compass, significantly shaping India's socio-economic trajectory.
Trend Analysis (Past 10 Years)
Prelims Trends:
- Focus on identifying which principles are DPSPs (Gandhian, Socialist, Liberal-Intellectual).
- Non-justiciable nature (Article 37) is a key concept.
- Main sources of inspiration (especially Irish Constitution).
- Objective of establishing a "welfare state."
- Specific articles like Art 40 (Panchayats), Art 44 (UCC), Art 51 (Intl. Peace) are frequently tested.
- Definition of 'State' under Article 36.
Mains Trends:
- Significance of DPSPs despite non-justiciability is a very common theme.
- Relationship between Fundamental Rights and DPSPs (conflict, harmony, balance) and judicial interpretation.
- Role of DPSPs in achieving social and economic democracy / welfare state.
- Classification of DPSPs (Socialist, Gandhian, Liberal-Intellectual) and examples.
- Critical evaluation of the implementation of DPSPs.
- Contemporary relevance of specific DPSPs like UCC (Art 44).
Original MCQs for Prelims
1. Which of the following statements accurately describes the nature of Directive Principles of State Policy (DPSPs) in the Indian Constitution?
Explanation: Article 37 states DPSPs are not enforceable by courts but are fundamental in governance and a duty of the State to apply. (a) is incorrect. (c) is incorrect (they have constitutional significance). (d) is about amendment procedure, not their nature; most DPSPs can be amended like other parts not requiring state ratification, but that's not their defining nature.
2. The inspiration for including Directive Principles of State Policy in the Indian Constitution was primarily drawn from the Constitution of:
Explanation: The Irish Constitution of 1937, with its "Directive Principles of Social Policy," was the most direct and significant source of inspiration for the Indian DPSPs.
3. For the purpose of Part IV (Directive Principles of State Policy) of the Indian Constitution, the term "State" under Article 36:
Explanation: Article 36 explicitly states that "the State" in Part IV has the same meaning as in Part III, which is defined in Article 12, including all levels of government and other public authorities.
Original Descriptive Questions for Mains
1. "The Directive Principles of State Policy, though non-justiciable, are the active obligations of the State and represent the socio-economic conscience of the Constitution." Elaborate on this statement, highlighting how DPSPs have influenced state action towards building a welfare state in India.
Key Points/Structure for Answering:
- Introduction: Explain DPSPs as non-justiciable but "active obligations" and "socio-economic conscience."
- Non-Justiciability vs. Active Obligations: Non-justiciable (Art 37) – no direct court enforcement. Active Obligations: "Fundamental in governance" and "duty of State to apply" (Art 37) makes them positive duties.
- Socio-Economic Conscience: Reflect aspirations for justice, equality, welfare (Preamble's ideals operationalized). Guide towards reducing inequalities, ensuring livelihood, health, education.
- Influence on State Action towards Welfare State (with examples of DPSPs and related laws/policies): Land Reforms (Art 39(b),(c)), Labour Welfare (Art 41, 42, 43, 43A), Education (Original Art 45 leading to RTE Act), Rural Development/Panchayati Raj (Art 40), Social Justice for Weaker Sections (Art 46), Health & Nutrition (Art 47), Environmental Protection (Art 48A).
- Role of Judiciary in giving effect to DPSPs (indirectly).
- Conclusion: DPSPs, despite their non-justiciable nature, have profoundly shaped state policy and legislation, acting as a persistent moral and political force driving India towards the constitutional vision of a comprehensive welfare state and embodying its socio-economic conscience.
2. The framers of the Indian Constitution drew inspiration from diverse sources while formulating the Directive Principles of State Policy. Identify these key sources and discuss how the principles derived from them collectively aim to establish a just and equitable society in India.
Key Points/Structure for Answering:
- Introduction: DPSPs as a unique feature, influenced by various ideals.
- Key Sources of Inspiration and Derived Principles: Irish Constitution; Instruments of Instructions (GoI Act, 1935); Ideals of Indian National Movement (Karachi Resolution, Sapru Report); Fabian Socialism; Gandhian Philosophy; Liberal-Intellectual Principles.
- Collective Aim: Establishing a Just and Equitable Society: Show how these diverse principles converge towards: Reducing social and economic inequalities; Ensuring fair opportunities; Protecting vulnerable sections; Promoting grassroots democracy; Building a humane and just social order; Fostering national and international peace.
- Conclusion: The DPSPs, drawing from a rich blend of international precedents, nationalist aspirations, and indigenous philosophies, collectively provide a comprehensive vision and a moral roadmap for the Indian State to strive towards creating a truly just, equitable, and progressive society.