Directive Principles of the State Policy (DPSPs)
Directive Principles of the State Policy (DPSP)
Part IV (Articles 36 to 51) of the Constitution constitutes the Directive Principles of State Policy (DPSPs). The Constitution added these principles to bring about social and economic justice to the people. These directive principles embody the principles of a welfare state.
These directives are addressed to the state and do not grant enforceable rights to the citizens; however, as Article 37 states, these directive principles are fundamental to the governance of the country and the state is expected to apply these principles in making laws.
In Granville Austin’s views, Directive Principles of State Policy have been helpful in achieving the constitutional objectives of social, economic and political justice for all.
Genesis of the Directive Principles of the State Policy
- The provisions mentioned in these principles were influenced by the nationalistic and socialistic ideals prevalent in India since the 1920s.
- The Karachi resolution of 1931 mentions several socio-economic principles that later became part of the Constitution, such as the abolition of child labour, free primary education, and protection of agricultural and industrial labour. The resolution also had Gandhian influence as it mentions the prohibition of intoxicating drinks and drugs.
- The Sapru Committee of 1945 recommended the separation of rights into two parts – justiciable and non-justiciable. The Fundamental Rights in our Constitution are Justiciable, whereas DPSPs are non-justiciable.
- The Directive Principles also have similarities with the “instrument of Instruction” enumerated in the Government of India Act 1935.
- The provisions of the Directive Principles of the State Policy were borrowed from the Irish Constitution.
Features and Utility of the Directive Principles
- Non-enforceable but fundamental to the governance: The provisions contained in this part are non-enforceable; however, the principles formulated are fundamental in the governance of the nation. The Constitution directs the state to apply these principles while making laws.
- Lay down the foundation for the welfare state: They seek to establish socio-economic democracy in the country. These principles constitute a comprehensive social and economic programme essential for establishing a welfare state.
- Plays a Role in determining the constitutional validity of a law: Even though these principles are not justiciable, they help the judiciary in examining the constitutional validity of a law. Courts may consider provisions in a law ‘reasonable’ in the context of Articles 14 and 19 if they are meant to implement directive principles.
- Provides continuity and stability: It provides continuity and stability in the domestic and international sphere despite the change of party in power. They also serve as a common manifesto across the political parties.
- Supplements Fundamental Rights: It supplements fundamental rights by making provisions for economic rights (though not enforceable).
- Checks Executive: It enables the opposition parties to pressurise the executive for the implementation of these directive principles.
- It amplifies the values present in the preamble.
Difference between Fundamental Rights and Directive principles:
Fundamental Rights Vs Directive Principles |
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These are negative rights, which means they restrict the state’s authority to encroach upon these rights. |
These can be considered positive rights since they provide, not deny. |
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These are justiciable rights, which means a person can go to court for enforcement of these rights. |
These are non-justiciable rights but act as guiding lights for the governance of the state. |
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Usually, they do not need separate legislation for their enforcement. |
They can come into effect only when legally implemented. |
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These rights are more concerned with the establishment of political democracy. |
Directive principles seek to address socio-economic issues. |
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Fundamental rights focus on individual rights. |
Directive Principles focus on the welfare of the entire community. |
Reasons behind making the Directive Principles non-justiciable
On the recommendation of BN Rau, constitutional advisor to the constituent assembly, rights were divided into two categories: Justiciable and non-justiciable. The reasons behind this approach towards rights were:
- Financial Reason: The British had left a financially resource-scarce country that did not have sufficient resources to implement these rights.
- Social reason: The vast diversity, backwardness, and regional disparities would come in the way of its implementation.
- Administrative reason: The country was already dealing with the horrors of the partition and innumerable fault lines within the country, so it made sense to implement these rights on a piecemeal basis.
Classification of the Directive Principles
Based on the nature and scope, the Directive Principles can be classified into:
- Socio-Economic Principles;
- Gandhian Principles;
- Policies and Principles related to International Peace and Security.
Related FAQs of Directive Principles of the State Policy
DPSPs are guidelines mentioned in Part IV (Articles 36 to 51) of the Indian Constitution. They direct the government to work towards creating a welfare state by ensuring social, economic, and political justice for all citizens.
No, DPSPs are non-justiciable, meaning you cannot directly approach the court to enforce them. However, they are considered fundamental in the governance of the country and guide the state in law-making.
Fundamental Rights are enforceable legal rights that protect individual freedom, while DPSPs are non-enforceable guidelines aimed at achieving collective social welfare. Rights are about protection; DPSPs are about direction.
The makers of the Constitution felt that due to limited resources, economic backwardness, and administrative challenges after independence, it wasn’t practical to enforce them legally. But they remain key to India’s long-term development.
DPSPs influence government policies, welfare schemes, and legislations like free education, rural employment, equal pay, environmental protection, women empowerment, and more — shaping India’s socio-economic growth over the years.
