Directive Principles of State Policy (DPSP): Articles 36 to 51

1. Nature and Constitutional Background

• The Directive Principles were influenced substantially by the Constitution of Ireland.
• They also reflect the idea of "Instruments of Instructions" under the Government of India Act, 1935.
• Dr. B. R. Ambedkar described the Directive Principles as a novel feature of the Constitution.
• Constitutional scholar Granville Austin famously treated Fundamental Rights and Directive Principles together as part of the conscience of the Constitution.
• They are non-justiciable: courts do not directly enforce them as individual rights.
• They nevertheless impose constitutional obligations of governance and influence legislation and constitutional interpretation.

2. Important Constitutional Amendments Affecting DPSP

3. Articles 36 to 51 - Directive Principles

Article 36 - Definition

In Part IV, unless the context otherwise requires, "the State" has the same meaning as in Part III.

Article 37 - Application of the Principles

The provisions in Part IV are not enforceable by any court, but are fundamental in the governance of the country, and the State has a duty to apply them in making laws.

Article 38 - Social Order and Welfare

The State shall strive to promote the welfare of the people by securing a social order informed by social, economic and political justice. It shall also strive to minimise inequalities in income and eliminate inequalities in status, facilities and opportunities.

Article 39 - Certain Principles of Policy

The State shall direct its policy towards securing, among other things:

• adequate means of livelihood for citizens, men and women equally;
• distribution of material resources of the community to best serve the common good;
• prevention of concentration of wealth and means of production to the common detriment;
• equal pay for equal work for both men and women;
• protection of the health and strength of workers and children against abuse and unsuitable employment driven by economic necessity; and
• healthy development of children in conditions of freedom and dignity and protection of childhood and youth against exploitation and abandonment.

Article 39A - Equal Justice and Free Legal Aid

The State shall secure that the legal system promotes justice on the basis of equal opportunity and shall provide free legal aid, by legislation or other means, so that opportunities for securing justice are not denied because of economic or other disabilities.

Article 40 - Village Panchayats

The State shall take steps to organise village panchayats and endow them with powers and authority necessary to function as units of self-government.

Article 41 - Work, Education and Public Assistance

Within the limits of its economic capacity and development, the State shall make effective provision for the right to work, education and public assistance in cases of unemployment, old age, sickness, disablement and other cases of undeserved want.

Article 42 - Humane Conditions of Work and Maternity Relief

The State shall make provision for securing just and humane conditions of work and for maternity relief.

Article 43 - Living Wage and Cottage Industries

The State shall endeavour to secure, by suitable legislation or economic organisation 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 shall promote cottage industries in rural areas.

Article 43A - Participation of Workers in Management

The State shall take steps, by legislation or otherwise, to secure participation of workers in the management of undertakings, establishments or other organisations engaged in industry.

Article 43B - Co-operative Societies

The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

Article 44 - Uniform Civil Code

The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.

Article 45 - Early Childhood Care and Education

The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

Article 46 - Educational and Economic Interests of Weaker Sections

The State shall promote with special care the educational and economic interests of weaker sections of the people, particularly Scheduled Castes and Scheduled Tribes, and protect them from social injustice and all forms of exploitation.

Article 47 - Nutrition, Standard of Living and Public Health

The State shall regard raising the level of nutrition and the standard of living and improving public health among its primary duties. Article 47 also contains a directive concerning prohibition of intoxicating drinks and drugs injurious to health, except for medicinal purposes.

Article 48 - Agriculture and Animal Husbandry

The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and take steps for preserving and improving breeds and prohibiting slaughter of cows, calves and other milch and draught cattle.

Article 48A - Environment, Forests and Wildlife

The State shall endeavour to protect and improve the environment and safeguard the forests and wildlife of the country.

Article 49 - Monuments and Objects of National Importance

The State is obliged to protect monuments, places and objects of artistic or historic interest declared by or under a law made by Parliament to be of national importance from spoliation, disfigurement, destruction, removal, disposal or export.

Article 50 - Separation of Judiciary from Executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51 - 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; and
• encourage settlement of international disputes by arbitration.

4. Fundamental Rights and Directive Principles

Fundamental Rights in Part III are generally enforceable through constitutional remedies, while Directive Principles in Part IV are expressly non-justiciable under Article 37. Indian constitutional law, however, does not treat the two Parts as unrelated. The Supreme Court has repeatedly emphasised constitutional harmony and balance between individual rights and the social-welfare objectives expressed in the Directive Principles.

5. Important Supreme Court Cases

State of Madras v. Champakam Dorairajan (1951)

An early decision emphasising that Directive Principles cannot override enforceable Fundamental Rights. The constitutional response contributed to the First Amendment and later development of the relationship between Parts III and IV.

I.C. Golak Nath v. State of Punjab (1967)

The Supreme Court held, by majority, that Parliament could not amend Fundamental Rights using Article 368 as then understood. That position was subsequently altered by constitutional amendments and later constitutional doctrine.

Kesavananda Bharati v. State of Kerala (1973)

The Court held that Parliament's power to amend the Constitution is wide, including in relation to Fundamental Rights, but cannot be used to destroy the Constitution's basic structure.

Minerva Mills Ltd. v. Union of India (1980)

The Court treated harmony and balance between Fundamental Rights and Directive Principles as an essential feature of the constitutional scheme and part of the basic structure.

Union of India v. Naveen Jindal (2004)

The Supreme Court recognised the right to fly the National Flag with respect and dignity as an expression protected under Article 19(1)(a), subject to lawful restrictions. The case is relevant to constitutional rights but is not principally a DPSP decision.