Directive Principle of State Policy (DPSP)
Directive Principles of State Policy: a complete note for candidates studying for the IAS, UPSC, SSC, CGL, Railway, Banking, and other competitive exams.
In India, the Declaration of Independence of the United States of America is considered as a source of Directive policy. The Directive Principles of the State are discussed in Chapter 4 of the Constitution and Articles 36 to 51. Although Ireland is credited with inventing directive policy, Spain is regarded as the true originator. There were 13 directive principles in the original constitution. Four further Directive principles were introduced by the 42nd Amendment to the Constitution in 1976. As a result, the Indian constitution now contains 17 directive policies.
According to Dr. B. R. Ambedkar, the “guidelines” for governors and governor-generals enacted in the Government of India Act of 1935 are the real predecessors of the directive principles of the present constitution.
Directive principles can be divided into few categories’ viz.
- Social policy
- Gandhian policy
- Liberal policy
- constitutional policy and
- International policy.
Basically, two notable features can be mentioned in the case of directive policy. E.g.
- These policies cannot be enforced by the courts.
- Even if the directive policies impose certain responsibilities on the state, the state cannot pass any law on the strength of the directive policy alone.
According to Ivor Jennings,
“these policies are not consistent with the written constitution.”-Ivor Jennings
Economic and social rights are the central issues of the directive policies. The major goal of this programme, according to some, is to turn India into a welfare state rather than a tyrannical one. Dr. B.R. Ambedkar told at the Constituent Assembly that “These policies serve as a testing ground for the ruling party“.
Professor KC Wheare‘s policies have declared the political values of justice, freedom, equality, friendship, and so on, in accordance with the terms of the proposed constitution. Citizens have rights and obligations as a result of these beliefs.
B.N. Rao argued for dividing these principles into two parts:
(A) These are not enforceable in court as a general right.
(B) Certain rights are enforceable by the court.
- Article 38 states that the country shall strive for the welfare of the people by forming a social system on the basis of social, economic and political justice.
- Article 39 (a) – This section was added to the 42nd Constitution in 1976 through modification. This section deals with the establishment of justice and the provision of free legal aid to the poor.
- Article 41 specifies that the state must guarantee the right to work, education, and government support in certain circumstances, as well as assist citizens in the scenario of unemployment, old age, or disease.
- Article 42 states that the state will create a conducive working environment and take necessary measures for maternity.
- Providing adequate living wages, improving living standards and expanding cottage industries in the villages.
- Article 43 (a) was enacted by the 42nd Amendment to the Constitution in 1976 – which states that the state shall establish the opportunity for the participation of workers in the administration of factories. “
- For the purpose of establishing local autonomy, the state will form gram panchayats and delegate the necessary powers to these institutions (Article 40).
- Will try to develop cottage industries in rural areas (Article 43).
- The State shall endeavor to protect and develop the education, economic interests of the people belonging to Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Article 46).
- The state shall prohibit the use of alcohol or other drugs for any purpose other than the need for drugs (Article 47).
- The state will try to stop the slaughter of domestic animals such as cows, calves and other dairy animals.
- The State shall endeavor to provide unpaid compulsory education to boys and girls up to the age of 14 years (Article 45).
- The State shall preserve and develop the environment and conserve forests and wildlife – Article 48 (a).
- The state shall endeavor to preserve monuments and objects of artistic and historically important things (Article 49).
Policies for the development of governance structures:
- The State shall endeavor to introduce the same Uniform Civil Code (Section 44) for all citizens of the whole of India.
- The State shall endeavor to separate the Judiciary from the Government (Section 50).
- In accordance with Article 51, the State of India shall endeavor to promote international peace and security and to respect the treaty of law.
- It is the duty of every state and its local administration to ensure that education through mother tongue is provided to the minority community at the primary level (Article 350).
- The duty of the Central Government is to strive for the expansion of the Hindi language (Section 351).
- In the case of employment under the Central and State Governments of Scheduled Castes and Scheduled Tribes, their claims may have to be considered for justice (Article 335).
Comparison Between Directive Principle & Fundamental Rights
|Directive Principle||Fundamental Rights|
|Directive Principles are not legally enforceable.||Fundamental Rights are legally enforceable.|
|Laws contrary to the directive policy of the state can not be repealed.||According to section 13 (2), the law against fundamental rights can be repealed.|
|Directive policies extend the scope of the state’s workplace.||Fundamental rights, on the other hand, extend the rights of citizens.|
|The directive principles of the state are positive.||Fundamental rights are negative.|
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