Directive Principles of State Policy

Directive Principles of State Policy

Notes

DPSPs are in Part IV (Art. 36 to 51), borrowed from the Irish Constitution (which itself drew on Spain). They are guidelines for the State in framing laws and policy to build a welfare state. Granville Austin called FRs and DPSPs the "conscience of the Constitution". Dr. Ambedkar called them "instruments of instructions" to the legislature and executive.

• Art. 36: "State" has the same meaning as in Part III.
• Art. 37: DPSPs are not enforceable by courts, but are fundamental in the governance of the country; it is the State's duty to apply them in making laws.

Key articles

• Art. 38: Promote the welfare of the people by securing a social order with justice; 38(2) minimise inequalities in income, status, facilities and opportunities (44th Amendment).
• Art. 39: (a) adequate means of livelihood; (b) equitable distribution of material resources of the community; (c) prevent concentration of wealth; (d) equal pay for equal work for men and women; (e) protect health of workers and children; (f) healthy development of children (42nd Amendment).
• Art. 39A: Equal justice and free legal aid (42nd Amendment).
• Art. 40: Organise village panchayats.
• Art. 41: Right to work, education and public assistance in unemployment, old age, sickness.
• Art. 42: Just and humane conditions of work and maternity relief.
• Art. 43: Living wage, decent standard of life; cottage industries.
• Art. 43A: Workers' participation in management (42nd Amendment).
• Art. 43B: Promote cooperative societies (97th Amendment, 2011).
• Art. 44: Uniform Civil Code for citizens.
• Art. 45: Early childhood care and education for children below six (86th Amendment).
• Art. 46: Promote educational and economic interests of SC, ST and weaker sections.
• Art. 47: Raise nutrition and standard of living, improve public health; prohibit intoxicating drinks and drugs harmful to health.
• Art. 48: Organise agriculture and animal husbandry on modern scientific lines; prohibit slaughter of cows, calves and other milch and draught cattle.
• Art. 48A: Protect and improve the environment, forests and wildlife (42nd Amendment).
• Art. 49: Protect monuments and places of national importance.
• Art. 50: Separate the judiciary from the executive in public services.
• Art. 51: Promote international peace and security; just and honourable relations among nations; respect international law; settle disputes by arbitration.

Key Points

• Part IV: Art. 36-51; borrowed from Ireland; non-justiciable (Art. 37).
• 42nd Amendment added Art. 39A, 43A, 48A and changed 39(f).
• 44th added 38(2); 86th changed Art. 45; 97th added Art. 43B.
• Art. 44 (UCC), Art. 40 (panchayats), Art. 50 (separation of judiciary), Art. 48A (environment).
• Aim: social and economic democracy and a welfare state.

MCQs

Q1. The Directive Principles of State Policy were borrowed from the constitution of:
(a) USA
(b) Ireland
(c) Canada
(d) Australia
Ans: (b).

Q2. Which Article directs the State to organise village panchayats?
(a) Art. 39
(b) Art. 40
(c) Art. 41
(d) Art. 43
Ans: (b).

Q3. Separation of the judiciary from the executive is provided for in:
(a) Art. 48
(b) Art. 49
(c) Art. 50
(d) Art. 51
Ans: (c).