Notes: Directive Principles of State Policy | Political Science & International Relations: Mains Optional - UPSC PDF Download

 Page 1


 
 
Lecture- 7 
Directive Principles of State Policy (Articles 36-51) 
• Directive Principles of State Policy contained in the Part IV of the Indian 
Contitution were borrowed from Article 45 of the Constitution of  
Ireland which had further borrowed them from the Spanish Constitution. 
Part  IV of the Indian Constitution sets out the aims and objectives to  
be taken up by the states in the governance of the country.  
• The idea of DPSPs may be seen similar to the Instrument of 
Instructions incorporated in GOI Act 1935.  These were issued to the 
Governor-General and to the Governors of the colonies of India by the 
British Government under the Government of India Act of 1935. 
• DPSPs are seen as containing socio-economic rights that were not 
incorporated within Part III of the Constitution due to the circumstances 
at hand and the resource constraints that India faced. The idea of a 
welfare state envisaged in our Constitution can only be achieved if the 
states endeavour to implement DPSPs with a high sense of moral duty.  
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in 
Part III. Hence the broad definition of State extended to Fundamental 
Rights applies to DPSPs as well.  
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions 
contained in this part shall not be enforceable by any court, but the 
principle there in lay down are nevertheless fundamental in the 
governance of the country and it shall be the duty of the state to 
apply these principles in making laws." These are directions given not 
merely to the executive but also the legislature to guide them in their 
tasks of making laws and policies.  
• The word 'fundamental', in the governance of 'the country' is described in 
rhetorical language, hope, ideals and goals rather than the actual reality of 
government. The principal object in enacting the directive principles 
appears to have been to set standards of achievement before the 
legislature and executive, the local and other authorities, by which 
their success or failure could be judged. 
Page 2


 
 
Lecture- 7 
Directive Principles of State Policy (Articles 36-51) 
• Directive Principles of State Policy contained in the Part IV of the Indian 
Contitution were borrowed from Article 45 of the Constitution of  
Ireland which had further borrowed them from the Spanish Constitution. 
Part  IV of the Indian Constitution sets out the aims and objectives to  
be taken up by the states in the governance of the country.  
• The idea of DPSPs may be seen similar to the Instrument of 
Instructions incorporated in GOI Act 1935.  These were issued to the 
Governor-General and to the Governors of the colonies of India by the 
British Government under the Government of India Act of 1935. 
• DPSPs are seen as containing socio-economic rights that were not 
incorporated within Part III of the Constitution due to the circumstances 
at hand and the resource constraints that India faced. The idea of a 
welfare state envisaged in our Constitution can only be achieved if the 
states endeavour to implement DPSPs with a high sense of moral duty.  
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in 
Part III. Hence the broad definition of State extended to Fundamental 
Rights applies to DPSPs as well.  
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions 
contained in this part shall not be enforceable by any court, but the 
principle there in lay down are nevertheless fundamental in the 
governance of the country and it shall be the duty of the state to 
apply these principles in making laws." These are directions given not 
merely to the executive but also the legislature to guide them in their 
tasks of making laws and policies.  
• The word 'fundamental', in the governance of 'the country' is described in 
rhetorical language, hope, ideals and goals rather than the actual reality of 
government. The principal object in enacting the directive principles 
appears to have been to set standards of achievement before the 
legislature and executive, the local and other authorities, by which 
their success or failure could be judged. 
 
 
• However, these directions are non-justiciable and one can’t approach the 
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs 
enjoy no legal sanction, they have a powerful political sanction backing 
them.’ The public opinion is a force behind DPSPs.  Alladi 
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable 
not enforceable, it would be ‘idle to suggest that any responsible 
government or any legislature elected on the basis of universal suffrage 
can or will ignore these principles’ 
• Now the question arises as to why were DPSPs not made enforceable: 
 
                   
 
• The members of the Constituent Assembly themselves were deeply 
divided over the DPSPs. Many could not see the utility of an 
unenforceable set of exhortations. Some recommended scrapping the 
chapter altogether, while others argued for placing it within the domain 
of Part III and the fundamental rights. Still others argued over the level 
of detail that the DPSPs set out. And some of them pointed out the 
contradictions inherent in placing abstract principles of economic 
justice alongside concrete policies like prohibition and controlling cow 
slaughter. 
• While ensuring certain basic rights to people, the Constitution makers 
also wanted DPSPs to become effective instruments for social revolution. 
The DPSPs according to their underlying philosophy can be categorised 
into the following domains: 
 
 
 
Lack of sufficient financial resources 
Presence of vast diversity and backwardness 
Infant democracy-too many pressures 
Page 3


 
 
Lecture- 7 
Directive Principles of State Policy (Articles 36-51) 
• Directive Principles of State Policy contained in the Part IV of the Indian 
Contitution were borrowed from Article 45 of the Constitution of  
Ireland which had further borrowed them from the Spanish Constitution. 
Part  IV of the Indian Constitution sets out the aims and objectives to  
be taken up by the states in the governance of the country.  
• The idea of DPSPs may be seen similar to the Instrument of 
Instructions incorporated in GOI Act 1935.  These were issued to the 
Governor-General and to the Governors of the colonies of India by the 
British Government under the Government of India Act of 1935. 
• DPSPs are seen as containing socio-economic rights that were not 
incorporated within Part III of the Constitution due to the circumstances 
at hand and the resource constraints that India faced. The idea of a 
welfare state envisaged in our Constitution can only be achieved if the 
states endeavour to implement DPSPs with a high sense of moral duty.  
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in 
Part III. Hence the broad definition of State extended to Fundamental 
Rights applies to DPSPs as well.  
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions 
contained in this part shall not be enforceable by any court, but the 
principle there in lay down are nevertheless fundamental in the 
governance of the country and it shall be the duty of the state to 
apply these principles in making laws." These are directions given not 
merely to the executive but also the legislature to guide them in their 
tasks of making laws and policies.  
• The word 'fundamental', in the governance of 'the country' is described in 
rhetorical language, hope, ideals and goals rather than the actual reality of 
government. The principal object in enacting the directive principles 
appears to have been to set standards of achievement before the 
legislature and executive, the local and other authorities, by which 
their success or failure could be judged. 
 
 
• However, these directions are non-justiciable and one can’t approach the 
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs 
enjoy no legal sanction, they have a powerful political sanction backing 
them.’ The public opinion is a force behind DPSPs.  Alladi 
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable 
not enforceable, it would be ‘idle to suggest that any responsible 
government or any legislature elected on the basis of universal suffrage 
can or will ignore these principles’ 
• Now the question arises as to why were DPSPs not made enforceable: 
 
                   
 
• The members of the Constituent Assembly themselves were deeply 
divided over the DPSPs. Many could not see the utility of an 
unenforceable set of exhortations. Some recommended scrapping the 
chapter altogether, while others argued for placing it within the domain 
of Part III and the fundamental rights. Still others argued over the level 
of detail that the DPSPs set out. And some of them pointed out the 
contradictions inherent in placing abstract principles of economic 
justice alongside concrete policies like prohibition and controlling cow 
slaughter. 
• While ensuring certain basic rights to people, the Constitution makers 
also wanted DPSPs to become effective instruments for social revolution. 
The DPSPs according to their underlying philosophy can be categorised 
into the following domains: 
 
 
 
Lack of sufficient financial resources 
Presence of vast diversity and backwardness 
Infant democracy-too many pressures 
 
 
Socialist/ Welfarist: 
Articles Provisions 
38 
Promote the welfare of the people by ensuring 
social, economic and political justice 
Minimise inequalities in income, status, facilities 
and opportunities (44
th
 AA) 
39 
Right to adequate means of livelihood 
Equitable distribution of material resources 
Prevention of concentration of wealth and means 
of production 
Equal pay for equal work 
Preservation of the health and strength of workers 
and children 
Healthy development of children (42
nd
 AA) 
39 A 
Free legal aid to poor to promote equal justice 
(42
nd
 AA) 
41 
Right to work and education 
Public assistance for unemployment, old age, 
sickness and disability 
42 
just and humane conditions of work and maternity 
relief 
43 
Living wage 
Decent standard of living 
Social and Cultural opportunities for workers 
Page 4


 
 
Lecture- 7 
Directive Principles of State Policy (Articles 36-51) 
• Directive Principles of State Policy contained in the Part IV of the Indian 
Contitution were borrowed from Article 45 of the Constitution of  
Ireland which had further borrowed them from the Spanish Constitution. 
Part  IV of the Indian Constitution sets out the aims and objectives to  
be taken up by the states in the governance of the country.  
• The idea of DPSPs may be seen similar to the Instrument of 
Instructions incorporated in GOI Act 1935.  These were issued to the 
Governor-General and to the Governors of the colonies of India by the 
British Government under the Government of India Act of 1935. 
• DPSPs are seen as containing socio-economic rights that were not 
incorporated within Part III of the Constitution due to the circumstances 
at hand and the resource constraints that India faced. The idea of a 
welfare state envisaged in our Constitution can only be achieved if the 
states endeavour to implement DPSPs with a high sense of moral duty.  
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in 
Part III. Hence the broad definition of State extended to Fundamental 
Rights applies to DPSPs as well.  
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions 
contained in this part shall not be enforceable by any court, but the 
principle there in lay down are nevertheless fundamental in the 
governance of the country and it shall be the duty of the state to 
apply these principles in making laws." These are directions given not 
merely to the executive but also the legislature to guide them in their 
tasks of making laws and policies.  
• The word 'fundamental', in the governance of 'the country' is described in 
rhetorical language, hope, ideals and goals rather than the actual reality of 
government. The principal object in enacting the directive principles 
appears to have been to set standards of achievement before the 
legislature and executive, the local and other authorities, by which 
their success or failure could be judged. 
 
 
• However, these directions are non-justiciable and one can’t approach the 
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs 
enjoy no legal sanction, they have a powerful political sanction backing 
them.’ The public opinion is a force behind DPSPs.  Alladi 
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable 
not enforceable, it would be ‘idle to suggest that any responsible 
government or any legislature elected on the basis of universal suffrage 
can or will ignore these principles’ 
• Now the question arises as to why were DPSPs not made enforceable: 
 
                   
 
• The members of the Constituent Assembly themselves were deeply 
divided over the DPSPs. Many could not see the utility of an 
unenforceable set of exhortations. Some recommended scrapping the 
chapter altogether, while others argued for placing it within the domain 
of Part III and the fundamental rights. Still others argued over the level 
of detail that the DPSPs set out. And some of them pointed out the 
contradictions inherent in placing abstract principles of economic 
justice alongside concrete policies like prohibition and controlling cow 
slaughter. 
• While ensuring certain basic rights to people, the Constitution makers 
also wanted DPSPs to become effective instruments for social revolution. 
The DPSPs according to their underlying philosophy can be categorised 
into the following domains: 
 
 
 
Lack of sufficient financial resources 
Presence of vast diversity and backwardness 
Infant democracy-too many pressures 
 
 
Socialist/ Welfarist: 
Articles Provisions 
38 
Promote the welfare of the people by ensuring 
social, economic and political justice 
Minimise inequalities in income, status, facilities 
and opportunities (44
th
 AA) 
39 
Right to adequate means of livelihood 
Equitable distribution of material resources 
Prevention of concentration of wealth and means 
of production 
Equal pay for equal work 
Preservation of the health and strength of workers 
and children 
Healthy development of children (42
nd
 AA) 
39 A 
Free legal aid to poor to promote equal justice 
(42
nd
 AA) 
41 
Right to work and education 
Public assistance for unemployment, old age, 
sickness and disability 
42 
just and humane conditions of work and maternity 
relief 
43 
Living wage 
Decent standard of living 
Social and Cultural opportunities for workers 
 
 
43 A 
Participation of workers in management of 
industries (42
nd
 AA) 
47 
Increase level of nutrition and standard of living 
Improve public health 
 
Gandhian: 
Articles Provisions 
40 
Village panchayats as units of local self 
government 
43 
Promotion of individual and cooperative cottage 
industries in rural areas 
43 B 
Promotion of cooperative societies (97
th
 AA) 
46 
Promote educational and economic interests of 
SCs, STs and weaker sections 
Safeguard them from exploitation and social 
injustice 
47 
Prohibit the consumption of intoxicating drinks 
and drugs 
48 
Prohibit cow, milch and draught cattle slaughter  
 
Liberal-Intellectual: 
Articles Provisions 
Page 5


 
 
Lecture- 7 
Directive Principles of State Policy (Articles 36-51) 
• Directive Principles of State Policy contained in the Part IV of the Indian 
Contitution were borrowed from Article 45 of the Constitution of  
Ireland which had further borrowed them from the Spanish Constitution. 
Part  IV of the Indian Constitution sets out the aims and objectives to  
be taken up by the states in the governance of the country.  
• The idea of DPSPs may be seen similar to the Instrument of 
Instructions incorporated in GOI Act 1935.  These were issued to the 
Governor-General and to the Governors of the colonies of India by the 
British Government under the Government of India Act of 1935. 
• DPSPs are seen as containing socio-economic rights that were not 
incorporated within Part III of the Constitution due to the circumstances 
at hand and the resource constraints that India faced. The idea of a 
welfare state envisaged in our Constitution can only be achieved if the 
states endeavour to implement DPSPs with a high sense of moral duty.  
• Article 36 informs that the meaning of ‘State’ in Part IV is the same as in 
Part III. Hence the broad definition of State extended to Fundamental 
Rights applies to DPSPs as well.  
• Article 37 makes the purpose of DPSPs clear. It states, “The provisions 
contained in this part shall not be enforceable by any court, but the 
principle there in lay down are nevertheless fundamental in the 
governance of the country and it shall be the duty of the state to 
apply these principles in making laws." These are directions given not 
merely to the executive but also the legislature to guide them in their 
tasks of making laws and policies.  
• The word 'fundamental', in the governance of 'the country' is described in 
rhetorical language, hope, ideals and goals rather than the actual reality of 
government. The principal object in enacting the directive principles 
appears to have been to set standards of achievement before the 
legislature and executive, the local and other authorities, by which 
their success or failure could be judged. 
 
 
• However, these directions are non-justiciable and one can’t approach the 
Court for their enforcement. Dr. Ambedkar had stated that ‘while DPSPs 
enjoy no legal sanction, they have a powerful political sanction backing 
them.’ The public opinion is a force behind DPSPs.  Alladi 
Krishnaswamy Iyer argued that while the DPSPs were neither justiciable 
not enforceable, it would be ‘idle to suggest that any responsible 
government or any legislature elected on the basis of universal suffrage 
can or will ignore these principles’ 
• Now the question arises as to why were DPSPs not made enforceable: 
 
                   
 
• The members of the Constituent Assembly themselves were deeply 
divided over the DPSPs. Many could not see the utility of an 
unenforceable set of exhortations. Some recommended scrapping the 
chapter altogether, while others argued for placing it within the domain 
of Part III and the fundamental rights. Still others argued over the level 
of detail that the DPSPs set out. And some of them pointed out the 
contradictions inherent in placing abstract principles of economic 
justice alongside concrete policies like prohibition and controlling cow 
slaughter. 
• While ensuring certain basic rights to people, the Constitution makers 
also wanted DPSPs to become effective instruments for social revolution. 
The DPSPs according to their underlying philosophy can be categorised 
into the following domains: 
 
 
 
Lack of sufficient financial resources 
Presence of vast diversity and backwardness 
Infant democracy-too many pressures 
 
 
Socialist/ Welfarist: 
Articles Provisions 
38 
Promote the welfare of the people by ensuring 
social, economic and political justice 
Minimise inequalities in income, status, facilities 
and opportunities (44
th
 AA) 
39 
Right to adequate means of livelihood 
Equitable distribution of material resources 
Prevention of concentration of wealth and means 
of production 
Equal pay for equal work 
Preservation of the health and strength of workers 
and children 
Healthy development of children (42
nd
 AA) 
39 A 
Free legal aid to poor to promote equal justice 
(42
nd
 AA) 
41 
Right to work and education 
Public assistance for unemployment, old age, 
sickness and disability 
42 
just and humane conditions of work and maternity 
relief 
43 
Living wage 
Decent standard of living 
Social and Cultural opportunities for workers 
 
 
43 A 
Participation of workers in management of 
industries (42
nd
 AA) 
47 
Increase level of nutrition and standard of living 
Improve public health 
 
Gandhian: 
Articles Provisions 
40 
Village panchayats as units of local self 
government 
43 
Promotion of individual and cooperative cottage 
industries in rural areas 
43 B 
Promotion of cooperative societies (97
th
 AA) 
46 
Promote educational and economic interests of 
SCs, STs and weaker sections 
Safeguard them from exploitation and social 
injustice 
47 
Prohibit the consumption of intoxicating drinks 
and drugs 
48 
Prohibit cow, milch and draught cattle slaughter  
 
Liberal-Intellectual: 
Articles Provisions 
 
 
44 
Uniform Civil Code 
45 
Early childhood care and education till 6 years of 
age (86
th
 AA) 
48 
Animal husbandry on modern and scientific basis 
48 A 
Protect and improve environment 
Safeguard forests and wild life (42
nd
 AA) 
49 
Protect monuments, objects and things of historic 
and artistic interest that are of national importance 
50 
Separate Judiciary from Executive 
 
International Peace and Security: 
 
Apart from the directives/ guidelines found in Part IV, the Constitution also 
mentions some others in different parts of the Constitution. These include: 
Articles Provisions 
335 
Claims of SCs and STs to services and posts of 
Union and states 
350 
Instruction in mother tongue for primary 
education of children of linguistic minorities by 
Article 51 
Promote  international peace and security 
Foster  respect for international law and treaty 
obligations 
Settlement of international disputes by arbitration