What Is DPSP?

Directive Principles of State Policy (DPSP) form a cornerstone of India's constitutional framework, reflecting the vision of a welfare state. Enshrined in Part IV (Articles 36-51) of the Indian Constitution, DPSPs are non-justiciable guidelines designed to steer the government in formulating policies that ensure social and economic justice. Inspired by the Irish Constitution, these principles aim to address historical inequalities and establish a just and equitable society.

DPSPs encompass objectives such as eradicating socio-economic disparities, promoting justice, ensuring equality, and guiding the state's efforts toward public welfare. While they are not enforceable by courts, they serve as a moral and ethical compass for governance. This blog delves into the historical background, objectives, features, classification, importance, and landmark judicial interpretations related to DPSPs

Historical Background Of DPSP

The concept of Directive Principles was inspired by the Irish Constitution of 1937, which similarly included guidelines for state policy. Influential leaders like B.R. Ambedkar and Jawaharlal Nehru emphasized the need for a welfare framework post-independence to address the socio-economic inequalities inherited from colonial rule. The introduction of DPSPs in the Indian Constitution was aimed at guiding the government in addressing disparities in wealth, education, and healthcare, particularly for marginalized groups. The framers envisioned a balanced approach, integrating Fundamental Rights with DPSPs to ensure both individual freedoms and societal well-being.

Objectives And Purpose Of DPSP

Part IV (Article 36-51) of the Indian Constitution provides for DPSP. DPSP intends to provide a base for a welfare state, compelling the state to evolve measures focused on the welfare of all citizens. These principles have several primary objectives:

• Social and Economic Democracy: DPSP seeks to eradicate the differences between the privileged and unprivileged sections of society by providing a level playing field.
• Justice and Equality: The main objectives of these are to uphold justice, freedom, and equality among humans. Primarily, it focuses on the betterment of the marginalised and disadvantaged groups.
• Welfare State: These directives instruct the welfare state to look after public welfare instead of private gain.
• Policy Direction: DPSP offers guidelines in respect of policies of the state toward health, education, employment, and welfare activities.

Through these objectives, the DPSPs provide an ethical framework for the Indian government to follow in order to secure a higher quality of life and a more just society.

Key Features Of DPSP

The DPSP of the Indian Constitution has some distinctive features that differentiates it from other constitutional provisions. These features includes:

• Non-Justiciability: DPSP are not legally enforceable by the judiciary like Fundamental Rights. In other words, citizens cannot approach the court if the state fails to implement these principles.
• Guidelines for the State: The DPSPs are guidelines to the central, state, and local governments as part of their directive policy to create policies that alleviate the country's social and economic structures.
• Moral Duties: The doctrines are moral duties for the state, enforcing standards for the framework of governance that focuses on the betterment of society.
• Flexible Implementation: As general principles, DPSPs are flexible and provide for a dynamic application in accordance with the prevalent social and economic conditions of the times.
• Complementary to Fundamental Rights: Not being enforceable by law, DPSPs have been formulated to supplement the enforceable Fundamental Rights by framing objectives in consonance with the latter and providing a harmonious approach to administration.

Classification Of DPSP

The DPSPs under the Indian Constitution can be roughly classified into three categories, each corresponding to their respective schools of thought and principles.

• Socialist Principles: These principles emphasise social and economic equality, such as making policies that uplift the poor and marginalised. They provide for proper measures to ensure a reasonable means of livelihood, income, inequality reduction, and protection of workers' rights (Articles 38, 39, 41, 42, 43 and 43A).
• Gandhian Principles: The vision of Mahatma Gandhi was focused on rural self-reliance and non-violence. Articles 40, 43, 47, and 48 through these principles motivate policies for promoting villages and panchayats, cottage industries, prohibition of intoxicants, and the preservation of the environment.
• Liberal-Intellectual Principles: These provisions reflect the modern, liberal understandings of governance, such as independence of judiciary from the executive, the pursuit of international peace, and a uniform civil code (Articles 44, 45, 50, and 51).

Every categorization is provided as a unique pillar in building the fair balance of having a diversified vision on governance and right ethical administration.

Importance Of DPSP In Indian Governance

DPSP is highly influential in formulating the governance and policies of India. The role of DPSP has a much greater consequence than mere directives because they directly affect the socio-economic structure of this country. Some key points of the importance of such aspects are mentioned below:

• Blueprint for Social Reforms: DPSP acts as a blueprint for the government to introduce necessary social and economic reforms, so that India progresses towards social justice.
• Promotion of Welfare State Ideals: DPSPs emphasise the idea of a welfare state while promoting equality, education, health, and equal distribution of resources.
• Inspiration to Laws: Much of Indian legislation is drafted with an inspira­tion from DPSPs. Labour laws, social welfare schemes, and policies related to rural development follow guidance provided by DPSPs.
• Influence on Policy Formulation: DPSPs have an influence on the formulation of policies. It aids the government in prioritising the welfare of the public over other considerations.

Although not legally enforceable, DPSPs are functional in the Constitution in shaping the conscience of governance and motivating the government to take active steps toward a just and equitable society.

Difference Between DPSP And Fundamental Rights

DPSPs supplement Fundamental Rights by ensuring that, while the rights of individuals are protected, the state also focuses on the overall welfare of society.

Amendments And Judicial Interpretations Related To DPSP

DPSPs have been interpreted differently over the years and have been challenged by landmark amendments and judicial scrutiny. Some of the most important cases and amendments include:

• 42nd Amendment Act, 1976: The DPSP received an addition of many new principles through the 42nd Amendment Act, 1976. Some among these include the provision for free legal aid under Article 39A and workers' participation in the management of industries under Article 43A.
• 44th Amendment Act, 1978: The 44th Amendment Act, 1978 added Article 38 (2) to the Constitution whereby the State is bound to alleviate inequalities in income, status, facilities, and opportunities.
• 86th Amendment Act, 2002: This Amendment has substituted the subject matter of Article 45 to include elementary education as a fundamental right under Article 21A.
• Champakam Dorairajan vs. The State of Madras (1951): The Supreme Court held that the DPSP are subsidiary to Fundamental Rights and in case of a clash of rights, the Fundamental Rights would prevail.
• Kesavananda Bharati vs. State of Kerala, 1973: In this case, The Supreme Court held that the DPSPs are essential in the administration of the country and must be taken into account while reading the Constitution.
• Minerva Mills Ltd. vs. Union of India, 1980: The Supreme Court highlighted the balance between the Fundamental Rights and DPSPs and added that any law offending the basic structure of the Constitution would be declared null and void.
• Unni Krishnan vs. State of A.P. (1993): The Supreme Court held that DPSPs and FRs are supplementary and complementary to each other.

Through these judgments, the judiciary has established that DPSPs are essential though in a balance with the enforceable Fundamental Rights. Though DPSPs are not justiciable; they hold great influence during legislative policies.

Also Read : Kesavananda Bharati & Ors. vs. State Of Kerala & Anr. (1973)

Key FAQs On DPSP In The Indian Constitution

The Directive Principles of State Policy (DPSP) are guidelines for the governance of India, aimed at ensuring social and economic justice.

Q1. What are Directive Principles of State Policy (DPSP) in the Indian Constitution?

The Directive Principles of State Policy (DPSP) are guidelines enshrined in Part IV of the Indian Constitution, designed to direct the government in the creation of laws and policies that promote social, economic, and political justice. These principles aim to ensure a welfare state by addressing inequality and fostering the well-being of all citizens.

Q2. Are the Directive Principles of State Policy enforceable in court?

No, the DPSPs are not legally enforceable in courts. Unlike Fundamental Rights, which are legally protected, DPSPs serve as guiding principles for the government. However, they play a significant role in shaping policies and legislation aimed at achieving a just society.

Q3. What is the significance of DPSPs in India's governance?

DPSPs are crucial for guiding the state towards creating a welfare-oriented society. They complement the Fundamental Rights and focus on social and economic reforms, such as eradicating poverty, improving healthcare, and ensuring education, ultimately promoting justice and equality.

Q4. Which countries influenced the introduction of DPSPs in the Indian Constitution?

The concept of Directive Principles in India was inspired by the Irish Constitution of 1937, which also included similar provisions guiding state policy. This influence was instrumental in shaping the DPSPs to address India's socio-economic needs post-independence.

Q5. How do DPSPs contribute to the creation of a welfare state in India?

DPSPs provide a framework for the Indian government to enact policies that prioritize social and economic equality. They focus on ensuring access to education.