Directive Principles of State Policy: Articles 36-51

The Directive Principles of State Policy (DPSP) are contained in Part IV of the Indian Constitution (Articles 36–51). They are guidelines for the government to establish a just society. Borrowed from the Irish Constitution, they are not enforceable by courts but are “fundamental in the governance of the country.” Kerala PSC asks 3-5 questions from this topic.

1. Basic Features

Feature	Details
Part of Constitution	Part IV (Articles 36–51)
Borrowed from	Irish Constitution (Ireland borrowed from Spanish)
Nature	Non-justiciable (cannot be enforced by courts)
Purpose	Establish social and economic democracy
Described as	”Instrument of instructions” to the government
Article 37	States that DPSPs are not enforceable but are fundamental in governance

2. All Articles at a Glance

Article	Subject
36	Definition of “State” (same as in Part III)
37	Application of DPSP — not enforceable but fundamental
38	State to secure social order for welfare; minimise inequalities
39	Certain principles of policy — equal livelihood, no concentration of wealth, equal pay
39A	Equal justice and free legal aid
40	Organisation of Village Panchayats
41	Right to work, education, and public assistance
42	Just and humane conditions of work; maternity relief
43	Living wage and decent standard of life for workers
43A	Participation of workers in management of industries
43B	Promotion of co-operative societies
44	Uniform Civil Code for all citizens
45	Early childhood care and education below age 6
46	Promotion of educational and economic interests of SC/ST and weaker sections
47	Duty to raise nutrition, standard of living; prohibition of intoxicating drinks
48	Organisation of agriculture and animal husbandry; prohibition of cow slaughter
48A	Protection and improvement of environment; safeguarding forests and wildlife
49	Protection of monuments, places, and objects of national importance
50	Separation of judiciary from executive
51	Promotion of international peace and security

3. Classification of DPSPs

Socialist Principles

Article	Principle
38	Minimise inequalities in income, status, facilities
39(a)	Adequate means of livelihood for all citizens
39(b)	Distribution of ownership of material resources for common good
39(c)	Prevention of concentration of wealth
39(d)	Equal pay for equal work for men and women
41	Right to work, education, public assistance in old age/sickness
42	Just and humane conditions of work; maternity relief
43	Living wage for workers
43A	Workers’ participation in management
47	Raise standard of living and nutrition

Gandhian Principles

Article	Principle
40	Organisation of Village Panchayats (self-government)
43	Promotion of cottage industries
43B	Promotion of co-operative societies
46	Promotion of SC/ST and weaker sections
47	Prohibition of intoxicating drinks and drugs
48	Prohibition of cow slaughter; modern agriculture

Liberal-Intellectual Principles

Article	Principle
44	Uniform Civil Code
45	Free education for children below 6 years
48A	Protection of environment, forests, wildlife
49	Protection of monuments and national heritage
50	Separation of judiciary from executive
51	International peace; respect for international law and treaties

4. DPSPs Added by Amendments

Article	Added by Amendment	Year	Subject
39A	42nd Amendment	1976	Equal justice and free legal aid
43A	42nd Amendment	1976	Workers’ participation in management
48A	42nd Amendment	1976	Environment protection
43B	97th Amendment	2011	Promotion of co-operative societies
38(2)	44th Amendment	1978	Minimise inequalities
45 (modified)	86th Amendment	2002	Changed from free education (6-14) to early childhood care (below 6)

5. DPSP vs Fundamental Rights

Feature	Fundamental Rights (Part III)	DPSP (Part IV)
Nature	Justiciable	Non-justiciable
Aim	Political democracy	Social and economic democracy
Approach	Negative (restrictions on state)	Positive (directions to state)
Beneficiary	Individual	Community/society
Courts	Can strike down laws violating FR	Cannot strike down laws for not following DPSP
Suspension	Can be suspended during Emergency (except Art. 20, 21)	Cannot be suspended

6. Landmark Cases on DPSP vs FR Conflict

Case	Year	Key Ruling
State of Madras v. Champakam Dorairajan	1951	FR prevails over DPSP in case of conflict
Golaknath v. State of Punjab	1967	Parliament cannot amend FRs (later overruled)
Kesavananda Bharati v. State of Kerala	1973	Basic Structure doctrine; Parliament can amend FRs but not destroy basic structure
Minerva Mills v. Union of India	1980	Harmony between FR and DPSP is basic structure; neither can destroy the other
Unni Krishnan v. State of AP	1993	Right to education (DPSP Art. 45) read into Right to Life (Art. 21)

Evolution of the Relationship

Phase	Position
1950–1967	FR superior to DPSP (Champakam Dorairajan)
1967–1973	Parliament tried to make DPSP superior via amendments
1973 onwards	Harmonious construction — both are complementary (Kesavananda, Minerva Mills)

7. Implementation of DPSPs

DPSP	How Implemented
Art. 39(d) Equal pay	Equal Remuneration Act, 1976
Art. 40 Panchayats	73rd Amendment, 1992
Art. 41 Right to work	MGNREGA, 2005
Art. 44 Uniform Civil Code	Not fully implemented (Goa has it by historical legacy)
Art. 45 Education	86th Amendment (Art. 21A — Right to Education as FR)
Art. 47 Prohibition	Several states have prohibition laws
Art. 48 Cow protection	Various state laws on cow slaughter ban
Art. 48A Environment	Environment Protection Act, 1986; Wildlife Act, 1972; Forest Act, 1980
Art. 50 Separation of judiciary	Criminal Procedure Code, 1973 (separated magistracy)
Art. 39A Legal aid	Legal Services Authority Act, 1987 (NALSA)

8. Important Amendments Related to DPSP

Amendment	Year	Change
1st Amendment	1951	Added Art. 31A, 31B (land reform laws in 9th Schedule — linked to DPSP Art. 39)
25th Amendment	1971	Added Art. 31C: Laws implementing Art. 39(b)(c) cannot be challenged for violating Art. 14, 19
42nd Amendment	1976	Extended Art. 31C to ALL DPSPs (struck down in Minerva Mills)
44th Amendment	1978	Removed Right to Property from FR (made legal right under Art. 300A)
86th Amendment	2002	Art. 21A — Right to Education (6–14 years) as FR; Art. 45 modified to below 6

9. Key Points for PSC

• DPSPs are the conscience of the Constitution (Granville Austin)
• Granville Austin called FRs and DPSPs together the “conscience of the Constitution”
• Article 37 explicitly states DPSPs are not enforceable by any court
• The only state with a Uniform Civil Code in practice is Goa (inherited from Portuguese Civil Code)
• Art. 50 (separation of judiciary from executive) was implemented through CrPC 1973
• 42nd Amendment (1976) is called the “Mini Constitution” — added maximum DPSPs
• Minerva Mills (1980) is the most important case: harmony between FR and DPSP = basic structure
• No DPSP has been made a Fundamental Right except the Right to Education (86th Amendment, 2002)
• Art. 39A (free legal aid) was used to establish NALSA (National Legal Services Authority)