Directive Principles of State Policy

What are Directive Principles of State Policy?

The Directive Principles of State Policy (DPSPs) are a set of guidelines or ideals enshrined in Part IV (Articles 36 to 51) of the Constitution of India. They are not legally enforceable by any court (non-justiciable), but they are considered fundamental in the governance of the country. It is the duty of the State (as defined in Article 36, which is the same as for Fundamental Rights – including central and state governments, parliaments, legislatures, and local authorities) to apply these principles while making laws and formulating policies.

Essentially, DPSPs are:

• Directions to the State: They guide the legislative and executive wings of the government to work towards creating a just, equitable, and welfare-oriented society.

• Aspirational Goals: They represent the socio-economic goals that the Indian polity should strive to achieve.

• Moral Precepts: They lay down a code of conduct for the state and are backed by public opinion.

• Foundation of a Welfare State: They embody the concept of a "welfare state" which aims to promote the overall well-being of its citizens, as opposed to a mere "police state" focused only on maintaining law and order.

The idea was largely inspired by the Irish Constitution of 1937, which in turn borrowed it from the Spanish Constitution. The "Instrument of Instructions" from the Government of India Act, 1935, also served as a model.

Article 37 clarifies the nature of DPSPs: "The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid 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."

Now, let's examine each Directive Principle:

Article 38: State to secure a social order for the promotion of welfare of the people.

• Meaning:

  • (Clause 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 national life.

  • (Clause 2) (Added by 44th Amendment, 1978): The State shall, in particular, strive to minimize 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.

• Background: This reflects the core philosophy of the Constitution – to create an egalitarian society. The freedom struggle was not just for political independence but also for socio-economic emancipation.

• Need: To address the vast socio-economic disparities and injustices prevalent in Indian society. It provides a framework for building a society where every citizen has the opportunity to live a dignified life.

• Importance: This article is considered the keystone or the core of the Directive Principles. It encapsulates the vision of a welfare state and directs the state to create positive conditions for the well-being of all citizens, ensuring justice and reducing inequalities, which are fundamental for national progress and stability.

Article 39: Certain principles of policy to be followed by the State.

• Meaning: The State shall, in particular, direct its policy towards securing:

  • (a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

  • (b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

  • (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

  • (d) that there is equal pay for equal work for both men and women;

  • (e) 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;

  • (f) 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 (Clause (f) was amended by the 42nd Amendment, 1976 to strengthen its scope).

• Background: These principles are largely socialistic in nature, influenced by the ideals of distributive justice and the need to prevent economic exploitation, which were major concerns during the freedom movement.

• Need: To ensure that economic growth is inclusive and benefits all sections of society, preventing the concentration of economic power and protecting vulnerable groups like workers and children. It also aims to achieve gender justice in terms of livelihood and pay.

• Importance: These directives are crucial for establishing an economic democracy. They guide the state in framing economic policies that aim for equitable distribution of resources, fair wages, protection of labor, and the welfare of children. Several laws, like the Equal Remuneration Act and child labor laws, draw their spirit from these principles.

Article 39A: Equal justice and free legal aid. (Added by 42nd Amendment, 1976)

• Meaning: 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.

• Background: Access to justice was often hampered for the poor and marginalized due to economic constraints and lack of awareness. This was seen as a denial of true equality before the law.

• Need: To ensure that justice is accessible to all, irrespective of their economic or social status. Lack of legal representation for the poor makes the legal system unequal.

• Importance: This is a vital principle for ensuring substantive justice. The enactment of the Legal Services Authorities Act, 1987, which provides for free legal aid to the needy, is a direct implementation of this directive. It strengthens the rule of law and makes the justice system more inclusive.

Article 40: Organisation of village panchayats.

• Meaning: The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

• Background: This principle is deeply influenced by Gandhian philosophy, which emphasized 'Gram Swaraj' (village self-rule) as the foundation of true democracy.

• Need: To decentralize power and promote grassroots democracy, enabling local people to participate in their own governance and development.

• Importance: This directive laid the foundation for the Panchayati Raj system in India. The 73rd Constitutional Amendment Act, 1992, gave constitutional status and backing to Panchayati Raj Institutions, making them vibrant units of local self-government. This promotes participatory development and empowers local communities.

Article 41: Right to work, to education and to public assistance in certain cases.

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

• Background: This reflects the aspiration for a social security net for citizens, ensuring that the State provides support during times of vulnerability.

• Need: To address issues of unemployment, illiteracy, and the lack of social support for the elderly, sick, and disabled, who are often the most vulnerable in society.

• Importance: This principle guides the state in formulating policies related to social welfare and security. Various schemes like old-age pensions, disability pensions, and employment guarantee programs (like MGNREGA) are inspired by this directive. While the "right to work" is not fully justiciable, this DPSP emphasizes its importance.

Article 42: Provision for just and humane conditions of work and maternity relief.

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

• Background: This stems from the need to protect workers from exploitation and to recognize the special needs of women workers, particularly during maternity.

• Need: To ensure that workplaces are safe and that workers are not subjected to unfair or inhumane treatment. Maternity relief is crucial for the health of both the mother and the child, and for enabling women's participation in the workforce.

• Importance: This directive has led to the enactment of various labor laws concerning working conditions (e.g., Factories Act) and maternity benefits (e.g., Maternity Benefit Act). It promotes social justice and the well-being of the labor force.

Article 43: Living wage, etc., for workers.

• Meaning: The State shall endeavor 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.

• Background: Inspired by socialist and Gandhian ideals, this principle aims to ensure that workers receive not just a minimum wage for bare subsistence but a "living wage" that allows for a dignified life. Promotion of cottage industries is a Gandhian concept for rural self-sufficiency.

• Need: To improve the socio-economic conditions of workers, who form a large part of the population, and to promote rural employment and traditional crafts.

• Importance: While achieving a universal "living wage" remains a challenge, this directive has influenced labor policies, including the Minimum Wages Act. The promotion of cottage and small-scale industries is crucial for rural development and employment generation.

Article 43A: Participation of workers in management of industries. (Added by 42nd Amendment, 1976)

• Meaning: The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

• Background: This principle reflects the idea of industrial democracy, where workers have a say in the decision-making processes of the industries they work in.

• Need: To foster better labor-management relations, improve productivity, and give workers a sense of belonging and dignity.

• Importance: It aims to democratize the industrial sector and ensure that workers' interests are considered in management decisions. While implementation has been varied, it represents a progressive ideal.

Article 43B: Promotion of co-operative societies. (Added by 97th Amendment, 2011)

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

• Background: Co-operative movements have a long history in India and are seen as important institutions for socio-economic development, particularly in rural and agricultural sectors.

• Need: To strengthen the co-operative sector by ensuring it operates on democratic principles, with autonomy and professional management, making it more effective in serving its members.

• Importance: This directive aims to empower people through collective action and promote economic development through co-operatives. It seeks to make co-operatives more viable and less prone to government interference or mismanagement.

Article 44: Uniform civil code for the citizens.

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

• Background: This was included with the aim of promoting national integration and gender justice by having one set of personal laws for all citizens, irrespective of their religion, in matters like marriage, divorce, inheritance, and adoption. Currently, different religions have their own personal laws.

• Need: To simplify complex personal laws, ensure equality between citizens (especially gender equality within different religious laws), and foster a sense of common citizenship.

• Importance: This is one of the most debated Directive Principles. Its implementation aims to achieve national solidarity and equality before the law in personal matters. While not yet fully implemented due to socio-political complexities, the judiciary has, in several instances, urged the government to take steps in this direction.

Article 45: Provision for early childhood care and education to children below the age of six years. (Substituted by 86th Amendment, 2002)

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

• Background: Originally, Article 45 provided for free and compulsory education for all children up to the age of 14. After the 86th Amendment made elementary education (6-14 years) a Fundamental Right (Article 21A), this article was amended to focus on early childhood care and education for children below six years.

• Need: Early childhood is a critical period for a child's development. Providing care and pre-school education during these formative years is crucial for their health, nutrition, and cognitive development, preparing them for formal schooling.

• Importance: This directive emphasizes the State's responsibility towards the foundational development of children. Programs like the Integrated Child Development Services (ICDS) and anganwadis are aligned with this principle.

Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.

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

• Background: This addresses the historical injustices and socio-economic backwardness faced by Scheduled Castes (SCs), Scheduled Tribes (STs), and other weaker sections of society.

• Need: To bring these marginalized communities into the mainstream by providing them with educational and economic opportunities and protecting them from discrimination and exploitation.

• Importance: This is a key directive for achieving social justice and equality. It has guided the state in formulating reservation policies in education and employment, as well as various welfare schemes and protective legislations like the Prevention of Atrocities Act.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

• Meaning: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

• Background: Reflects concerns about public health, nutrition, and the social evils associated with alcohol and drug abuse. The prohibition aspect is influenced by Gandhian thought.

• Need: To ensure a healthy population by improving nutritional standards, living conditions, and public health infrastructure. Prohibition of harmful substances is aimed at protecting public health and social well-being.

• Importance: Guides the state in public health policies, food security measures (like the Public Distribution System), and substance abuse control. While complete prohibition is a state subject and has varied implementation, the emphasis on public health remains crucial.

Article 48: Organisation of agriculture and animal husbandry.

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

• Background: Aims at modernizing agriculture, which is the backbone of the Indian economy, and also reflects cultural sentiments regarding cattle, particularly cows, influenced by Gandhian views and traditional beliefs.

• Need: To improve agricultural productivity and animal breeds for better economic outcomes. The prohibition of slaughter of certain cattle is a sensitive issue with economic, social, and religious dimensions.

• Importance: This directive has influenced policies related to agricultural development, animal welfare, and laws regarding cattle slaughter, which vary from state to state.

Article 48A: Protection and improvement of environment and safeguarding of forests and wild life. (Added by 42nd Amendment, 1976)

• Meaning: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

• Background: This was added in response to growing global and national concerns about environmental degradation, deforestation, and the need to conserve biodiversity.

• Need: To ensure ecological balance, protect natural resources for sustainable development, and preserve wildlife for future generations.

• Importance: This directive has provided the impetus for various environmental protection laws, such as the Wildlife Protection Act, Forest Conservation Act, and Environment Protection Act. It underscores the State's commitment to environmental sustainability.

Article 49: Protection of monuments and places and objects of national importance.

• Meaning: It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

• Background: India has a vast archaeological and historical heritage that needs preservation.

• Need: To protect and maintain the nation's rich cultural and historical legacy for future generations and for promoting tourism and national pride.

• Importance: This directive has led to the establishment of institutions like the Archaeological Survey of India and the enactment of laws for the protection of ancient monuments and archaeological sites.

Article 50: Separation of judiciary from executive.

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

• Background: This principle is fundamental to ensuring the independence and impartiality of the judiciary, a cornerstone of the rule of law and democratic governance. The concentration of judicial and executive powers in the same hands was a feature of colonial rule that was seen as detrimental to liberty.

• Need: To prevent abuse of power and ensure fair administration of justice. An independent judiciary can effectively check the executive and protect citizens' rights.

• Importance: This directive has been largely implemented through the Code of Criminal Procedure, which separates judicial magistrates from executive magistrates. It is crucial for upholding the independence of the judiciary and ensuring a fair trial.

Article 51: Promotion of international peace and security.

• Meaning: The State shall endeavour to –

  • (a) promote international peace and security;

  • (b) maintain just and honourable relations between nations;

  • (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and

  • (d) encourage settlement of international disputes by arbitration.

• Background: Reflects India's commitment to global peace, non-alignment (historically), and a just international order, influenced by ancient Indian traditions of peace and the ideals of the freedom struggle.

• Need: To guide India's foreign policy towards peaceful coexistence, respect for international norms, and amicable resolution of disputes.

• Importance: This directive forms the bedrock of India's foreign policy. It has guided India's role in international forums, its advocacy for disarmament, its participation in peacekeeping operations, and its emphasis on diplomacy and peaceful settlement of disputes.