Directive Principles of State Policy
The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.
The Directive Principles of State Policy (DPSPs) are contained in Part IV of the Constitution (Articles 36-51). They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution.
DPSPs under Indian Constitution
Article 36
Defines State as same as Article 12 unless the context otherwise defines.
Article 37
Application of the principles contained in this Part.
Article 38
State to secure a social order for the promotion of welfare of the people.
Article 38 (1) – The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
Article 38 (2) – The State shall, in particular, strive to minimise the inequalities in income, and endeavour 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.
Article 39
Certain principles of policy to be followed by the State.
The State shall, in particular, direct its policy towards securing:
- That the citizens, men and women equally, have the right to an adequate means of livelihood;
- That the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
- That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
- That there is equal pay for equal work for both men and women;
- That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;
- 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.
Article 39A
Equal justice and free legal aid.
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.
Article 40
Organisation of village panchayats.
Article 41
Right to work, to education and to public assistance in certain cases.
Article 42
Provision for just and humane conditions of work and maternity relief.
Article 43
Living wage, etc., for workers.
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Article 43A
Participation of workers in management of industries.
Article 43B
To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
Article 44
Uniform civil code for the citizens.
Article 45
Provision for early childhood, care and education to children below the age of six years.
Article 46
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
Article 47
Improvement of public health and the prohibition of intoxicating drinks and drugs.
Article 48
Organisation of agriculture and animal husbandry.
Article 48A
Protection and improvement of environment and safeguarding of forests and wild life.
Article 49
Protection of monuments and places and objects of national importance.
Article 50
Separation of judiciary from executive.
Article 51
Promotion of international peace and security.
The State shall endeavour to:
- Promote international peace and security;
- Maintain just and honourable relations between nations;
- Foster respect for international law and treaty obligations in the dealings of organized peoples with one another;
- Encourage settlement of international disputes by arbitration.
DPSPs added by Amendments of Constitution
42nd Amendment 1976
Four Directive Principles were added by 42nd amendment as follows:
- To secure opportunities for healthy development of children (Article 39)
- To promote equal justice and to provide free legal aid to the poor (Article 39 A)
- To take steps to secure the participation of workers in the management of industries (Article 43 A)
- To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
44th Amendment 1978
The 44th Amendment Act of 1978 added Article 38(2) which said that state shall, in particular, strive to minimize 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.
86th Amendment 2002
The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
97th amendment 2011
Article 43-B inserted by 97th amendment act in 2011 says that state shall endeavor to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies.
