Introduction & Overview
The Directive Principles of State Policy (DPSPs) in Part IV of the Constitution were not intended to be static. The Constitution provides for their amendment, and several new Directives have been added over the years through constitutional amendment acts. These additions reflect the evolving socio-economic and political priorities of the nation and the State's expanding role in promoting welfare and justice. Major amendments like the 42nd, 44th, 86th, and 97th have introduced new principles or modified existing ones, further enriching the guiding philosophy for state action. This section details these new Directive Principles and the amendments that incorporated them.
Key Insight: Dynamic Constitution
The ability to amend DPSPs demonstrates the Indian Constitution's adaptability, allowing it to remain relevant and responsive to the changing needs and aspirations of society over time.
7.3.1: 42nd Constitutional Amendment Act, 1976 (Mini-Constitution)
The 42nd Amendment Act, 1976, often called the 'Mini-Constitution' due to its extensive changes, added four new Directive Principles to the original list and modified one. These additions largely strengthened the socialist orientation of the DPSPs.
Article 39(f): Healthy Development of Children (Modified)
Original: "that childhood and youth are protected against exploitation and against moral and material abandonment."
Modified: "that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment."
Change: Expanded scope to include positive obligation for providing "opportunities and facilities" for child development.
Classification: Socialist Principle.
Article 39A: Equal Justice & Free Legal Aid (New)
"The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities."
Objective: Ensure justice accessibility for all, especially the poor and needy, regardless of economic disability.
Implementation: Led to the Legal Services Authorities Act, 1987 (NALSA, SALSAs, DLSAs).
Classification: Socialist Principle.
Article 43A: Workers' Participation in Management (New)
"The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry."
Objective: Promote industrial democracy and give workers a voice in decision-making.
Implementation: Various schemes for workers' participation have been introduced.
Classification: Socialist Principle.
Article 48A: Environment Protection (New)
"The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country."
Objective: Recognize the State's responsibility in protecting the environment, forests, and wildlife.
Implementation: Basis for environmental laws like the Wildlife (Protection) Act, 1972, Forest (Conservation) Act, 1980, Environment (Protection) Act, 1986.
Classification: Liberal-Intellectual Principle (with socialist ties to sustainable development).
7.3.2: 44th Constitutional Amendment Act, 1978
The 44th Amendment Act, 1978, enacted by the Janata Party government, aimed to undo some of the distortions introduced by the 42nd Amendment. It also added one new Directive Principle.
Article 38(2): Minimize Inequalities (New Clause)
"The State shall, in particular, strive to minimise the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations."
Objective: To make the pursuit of social and economic justice more explicit and targeted by focusing on minimizing inequalities.
Classification: Socialist Principle.
7.3.3: 86th Constitutional Amendment Act, 2002
This amendment primarily focused on making elementary education a Fundamental Right. It consequentially modified a DPSP.
Article 45: Early Childhood Care & Education (Modified)
Original: "The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years."
Modified: "The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years." (Consequent to Art 21A making elementary education a FR)
Objective: Direct the State to focus on pre-primary education and care for children below six years.
Implementation: Integrated Child Development Services (ICDS), Anganwadis, NEP 2020 provisions for ECCE.
Classification: Liberal-Intellectual Principle (and social welfare).
7.3.4: 97th Constitutional Amendment Act, 2011
This amendment aimed at promoting cooperative societies.
Article 43B: Promotion of Co-operative Societies (New)
"The State shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies."
Objective: Encourage and strengthen the cooperative movement in India.
Impact: Provides a constitutional directive for state policies and laws relating to cooperative societies.
Other Changes by 97th Amendment: Made right to form co-operative societies a FR (Art 19(1)(c)); added Part IX-B to the Constitution. (SC struck down parts of Part IX-B concerning state cooperatives due to lack of state ratification, but upheld 43B).
Classification: Gandhian Principle (promotes decentralised economic activity) and Socialist (economic democracy).
Prelims-ready Notes
42nd Amendment Act, 1976 ("Mini-Constitution"):
- Art 39(f) (Modified): Healthy development of children.
- Art 39A: Equal justice & free legal aid.
- Art 43A: Workers' participation in industry management.
- Art 48A: Protect & improve environment, safeguard forests/wildlife.
44th Amendment Act, 1978:
- Art 38(2): Minimise inequalities (income, status, facilities, opportunities).
86th Amendment Act, 2002:
- Art 45 (Modified): Early childhood care & education for children below 6 years. (Elementary education 6-14 yrs became FR Art 21A).
97th Amendment Act, 2011:
- Art 43B: Promote co-operative societies.
Summary Table: New DPSPs by Amendment
| Amendment Act | Article(s) Added/Modified | Directive Principle | Classification (Broad) |
|---|---|---|---|
| 42nd Am. (1976) | Art 39(f) (Modified) | Healthy development of children. | Socialist |
| 42nd Am. (1976) | Art 39A (New) | Equal justice and free legal aid. | Socialist |
| 42nd Am. (1976) | Art 43A (New) | Participation of workers in management of industries. | Socialist |
| 42nd Am. (1976) | Art 48A (New) | Protect & improve environment, safeguard forests/wildlife. | Liberal-Intellectual |
| 44th Am. (1978) | Art 38(2) (New clause) | Minimise inequalities in income, status, facilities, opportunities. | Socialist |
| 86th Am. (2002) | Art 45 (Modified) | Early childhood care and education for children until age 6. | Liberal-Intellectual |
| 97th Am. (2011) | Art 43B (New) | Promotion of co-operative societies. | Gandhian / Socialist |
Mains-ready Analytical Notes
DPSPs as a "Living" Part of the Constitution
The addition of new DPSPs through amendments demonstrates that this part of the Constitution is not static but is intended to evolve with changing societal needs, awareness, and national priorities. These amendments reflect a continuous commitment by Parliament to expand the vision of a welfare state and socio-economic justice.
Strengthening Socialist & Welfare Ideals
The directives added by the 42nd (Art 39A, 43A, 48A, modified 39(f)) and 44th (Art 38(2)) Amendments significantly reinforced the socialist and welfare commitments. They cover crucial aspects like access to justice, industrial democracy, environmental protection, and targeted reduction of inequalities.
Aligning DPSPs with Evolving Understanding of Rights
The modification of Article 45 (86th Amendment) after Article 21A made elementary education an FR shows how DPSPs can be adapted once their objectives are substantially achieved or elevated to a higher status. The new focus on early childhood care (0-6) recognizes global priorities in child development.
Promoting Economic Democracy & Decentralization
Article 43B (97th Amendment) gives constitutional impetus to the cooperative sector, vital for the rural economy and empowering local communities. It aligns with Gandhian ideals and promotes economic decentralization, despite judicial interventions on procedural aspects of federalism.
Impact of These Additions
These amendments provided clearer mandates for government policies, serving as benchmarks for performance evaluation. They also influenced judicial interpretation, with courts often referring to these newer DPSPs to interpret Fundamental Rights or guide state action, showcasing their dynamic role in governance.
Current Affairs & Recent Developments
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Free Legal Aid (Art 39A): Ongoing efforts by NALSA, SALSAs, DLSAs to expand reach. Increased use of technology (e-Nyay Mitra, Tele-Law) to improve access to justice, aiming for universal coverage.
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Workers' Participation (Art 43A): Debates around new Labour Codes, particularly concerning industrial relations and the extent of worker consultation mechanisms. Efforts to formalize and strengthen participation at various levels.
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Environmental Protection (Art 48A): India's updated Nationally Determined Contributions (NDCs) under Paris Agreement, policies on renewable energy transition, stringent plastic waste management rules, and ambitious wildlife conservation projects (e.g., Project Tiger, Project Cheetah expansion) are direct reflections of this DPSP. Judicial activism through PILs continues to reinforce environmental governance.
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Minimizing Inequalities (Art 38(2)): Government schemes focused on inclusive growth, direct benefit transfers, poverty alleviation programs, and targeted regional development initiatives. Regular reports from NITI Aayog and other bodies provide data on inequality trends and policy impacts.
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Early Childhood Care & Education (Art 45): Implementation of the Early Childhood Care and Education (ECCE) framework under the National Education Policy 2020. Strengthening and modernization of Anganwadis as ECCE centers.
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Cooperative Sector (Art 43B): Significant push from the Ministry of Cooperation to revitalize, computerize Primary Agricultural Credit Societies (PACS), and promote professional management and democratic functioning across the cooperative landscape. This aims to boost rural economy and self-reliance.
UPSC Previous Year Questions (PYQs)
Prelims MCQ: 42nd Amendment & DPSP
Which of the following Directive Principles of State Policy was added to the Constitution by the 42nd Amendment Act, 1976?
- (a) Equal pay for equal work for both men and women.
- (b) Right to work, to education and to public assistance in certain cases.
- (c) To promote equal justice and to provide free legal aid to the poor.
- (d) Organisation of village panchayats.
Hint/Explanation: Article 39A (Equal justice and free legal aid) was added by the 42nd Amendment. (a) Art 39(d), (b) Art 41, and (d) Art 40 were part of the original Constitution.
Prelims MCQ: 86th Amendment & Article 45
The 86th Constitutional Amendment Act, 2002, modified Article 45 under the Directive Principles of State Policy to provide for:
- (a) Free and compulsory education for all children up to the age of 14 years.
- (b) Early childhood care and education for all children until they complete the age of six years.
- (c) Vocational education for all children above the age of 14 years.
- (d) Free higher education for meritorious students from weaker sections.
Hint/Explanation: After Article 21A made elementary education (6-14 years) an FR, the 86th Amendment modified Article 45 to direct the state to provide for early childhood care and education for children below six years.
Prelims MCQ: Article 43B & Amendment
Article 43B, which directs the State to promote co-operative societies, was inserted into the Constitution by which amendment?
- (a) 42nd Amendment Act, 1976
- (b) 44th Amendment Act, 1978
- (c) 86th Amendment Act, 2002
- (d) 97th Amendment Act, 2011
Hint/Explanation: Article 43B was added by the 97th Constitutional Amendment Act, 2011.
Mains Question: 42nd Amendment & Impact
The Directive Principles of State Policy have been progressively enriched through constitutional amendments to reflect evolving national priorities. Discuss the significant new directives added by the 42nd Amendment Act, 1976, and analyze their impact on governance.
- Introduction: DPSPs as dynamic; 42nd Am. as significant enricher.
- New Directives Added/Modified by 42nd Amendment: Art 39(f) (Modified): Healthy development of children; Art 39A: Equal justice, free legal aid; Art 43A: Workers' participation in industry; Art 48A: Environment, forests, wildlife protection.
- Impact on Governance for each: Basis for child welfare policies, Legal Services Authorities Act, influence on labour laws, foundation for environmental jurisprudence (EPA, Forest Conservation Act, Wildlife Act, NGT).
- Overall Impact: Strengthened welfare state agenda, emphasis on social justice, environmental consciousness.
- Conclusion: Broadened State's mandated socio-economic and environmental responsibilities, providing constitutional impetus for key initiatives, making governance more welfare-oriented.
Mains Question: Education & Co-ops Amendments
How have constitutional amendments related to education (Article 21A and modified Article 45) and co-operative societies (Article 43B) expanded the scope of Directive Principles and Fundamental Rights? Evaluate their implementation.
- Introduction: Amendments expand scope of both FRs & DPSPs.
- Education (86th Amendment, 2002): Art 21A (FR): Elementary education (6-14 yrs) as FR; Art 45 (Modified DPSP): Shifted focus to early childhood care (0-6 yrs).
- Expansion of Scope (Education): Elevated education from DPSP to enforceable FR for a specific age group, retained DPSP for ECCE.
- Implementation (Education): RTE Act, 2009 (for Art 21A); ICDS, NEP 2020 focus on ECCE (for Art 45). Evaluate successes (enrollment) and challenges (quality, infrastructure, dropouts for RTE; universal ECCE coverage).
- Co-operative Societies (97th Amendment, 2011): Art 43B (DPSP): New directive to promote co-ops; Art 19(1)(c) (FR): Amended to include right to form co-ops; Part IX-B (New Part): Detailed provisions (parts struck down by SC for want of state ratification).
- Expansion of Scope (Co-ops): Gave constitutional status and protection to co-ops, linking them to both FRs and DPSPs.
- Implementation (Co-ops): Initiatives by Ministry of Cooperation. Evaluate challenges (political interference, financial health, professionalization).
- Conclusion: Demonstrate Constitution's dynamism, elevating socio-economic goals. While creating stronger legal mandates, effective implementation remains an ongoing process facing challenges but showing progress.
Original MCQs for Prelims
Original MCQ: Article 38(2) & Amendment
Which Constitutional Amendment Act is responsible for adding Article 38(2), which directs the State to minimise inequalities in income, status, facilities, and opportunities?
- (a) 42nd Amendment Act, 1976
- (b) 44th Amendment Act, 1978
- (c) 86th Amendment Act, 2002
- (d) 97th Amendment Act, 2011
Explanation: Article 38(2) was added by the 44th Constitutional Amendment Act, 1978.
Original MCQ: DPSP & Amendment Match
Match the following Directive Principles (List-I) with the Constitutional Amendment Act that added/modified them (List-II):
| List-I (DPSP) | List-II (Amendment Act) |
|---|---|
| A. Promotion of co-operative societies | 1. 42nd Amendment Act, 1976 |
| B. Protection and improvement of environment | 2. 86th Amendment Act, 2002 |
| C. Early childhood care and education (<6 yrs) | 3. 97th Amendment Act, 2011 |
| D. Equal justice and free legal aid |
Select the correct match:
- (a) A-3, B-1, C-2, D-1
- (b) A-1, B-3, C-2, D-1
- (c) A-3, B-2, C-1, D-2
- (d) A-2, B-1, C-3, D-1
Explanation:
A. Promotion of co-operative societies (Art 43B) - 3. 97th Amendment Act, 2011.
B. Protection and improvement of environment (Art 48A) - 1. 42nd Amendment Act, 1976.
C. Early childhood care and education (<6 yrs) (Art 45 modified) - 2. 86th Amendment Act, 2002.
D. Equal justice and free legal aid (Art 39A) - 1. 42nd Amendment Act, 1976.
Original Descriptive Questions for Mains
Mains Question: Responsive Statecraft & New DPSPs
"The amendments incorporating new Directive Principles into the Indian Constitution reflect a responsive statecraft, adapting constitutional ideals to emergent societal needs and global consciousness." Discuss this statement with specific examples of new DPSPs related to environmental protection and legal aid.
- Introduction: DPSPs as dynamic; amendments reflecting responsiveness.
- Environmental Protection (Article 48A - 42nd Amendment):
- Emergent Societal Need/Global Consciousness: Growing awareness of environmental degradation (e.g., Stockholm Conference 1972).
- Constitutional Response: Art 48A making it a state duty.
- Impact: Constitutional backing for environmental laws (EPA 1986, etc.), judicial activism, NGT. Shows adaptation to ecological concerns.
- Legal Aid (Article 39A - 42nd Amendment):
- Emergent Societal Need: Recognition that access to justice is key for equality, but poverty denies it.
- Constitutional Response: Art 39A mandating free legal aid.
- Impact: Led to Legal Services Authorities Act, 1987 (NALSA, SALSAs), expansion of legal aid, Lok Adalats. Shows adaptation to needs of social justice.
- Analysis of "Responsive Statecraft": How these amendments show the Constitution is not static but a living document responding to new understandings of welfare and justice.
- Conclusion: Addition of DPSPs like Article 48A and 39A clearly demonstrates responsive statecraft, enriching the Constitution as a guide for a progressive welfare state.