DIRECTIVE PRINCIPLES OF STATE POLICY

Part IV, Articles 36-51

Socialistic Pattern of society and not Socialism as such was declared to be the
objective of the Planning process started by Nehru
Concept borrowed from the Irish Consitution
Under Art. 38, 39 and 46, it is the duty of the local bodies- Panchayats, Zila
Parishads and Municipalities to implement the DPSP in a planned manner by
annual budgets providing right to resident to the poor.
Preamble, the FRs and the DPSP are integral parts of the Constitution
FRs impose limitation upon the State action, DPSP are an instrument in the hands
of the government to achieve certain objectives
o DPSP are required to be implemented by legislation and they are not
enforceable and do not create any justiciable rights in favour of the
individuals. (These terms - justiciable/non-justiciable have been taken
from the Constitution of Eire)
In case any state government fails to comply with any of the directions issued by
the Centre under the DPSP, it can invoke Art. 365 against such recalcitrant state.
Also under Art. 355, it will be the duty of the centre to protect the respective
states from internal disturbances and external aggression. In such circumstances,
states shall follow the Directives given by the Union under DPSPs
A court can uphold the validity of any law if it had been made to implement the
DPSP or the Fundamental Duties, given that it included a “reasonable
classification” under Art. 14, “reasonable restriction” under Art. 19 or under Art.
31(2) (repealed clause)
Directives which are present in other parts of the Constitution are:
o Art. 350A: Provision for adequate facilities for instruction in the mother-
tongue at the primary stage of education to children belonging to linguistic
minority groups
o Art. 351: Promotion of the Hindi language by the Union and to develop it
so that it may serve as the medium of expression of all the elements of the
composite culture of India
o Art. 335: Claims of the members of the SCs, STs shall be taken into
consideration, consistently with the maintenance of efficiency of
administration, in the making of appointments to the services and posts in
connection with the affairs of the Union or of a State

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Article Features

37 DPSP are “fundamental in the governance of the country” and that “it
shall be the duty of the state to apply these principles in making
laws”.
These principles have a non-justiciability clause - that the judiciary
won‟t compel the state to perform a „duty‟ under the DPSP
38 Keystone of the DPSP
It says that the State shall thrive to establish a welfare state by
securing and protecting social order in which justice - social,
economical and political shall be provided to every individual
39 State shall direct its policy in such a manner as to secure that all men
and women have the right to an adequate means of livelihood,
ownership and control of the material resources are distributed in such
a way that ensures common good, there is no concentration of wealth
and means of production and there is equal pay for equal work for
both men and women, health and strength of workers is not abused,
children and youth are protected against exploitation, etc.
Art. 39A: free legal aid to the poor and take suitable steps to ensure
equal justice to all
Art. 39(B): State should secure that the ownership and of the material
resources of the community are so distributed to serve the common
good
40 Organization of Village Panchayats
41 Within its economic capacity, the State shall make provisions for
securing the right to work, education and public assistance in the
event of unemployment, old age, sickness and disablement or other
cases of underserved want.
42 & 43 Help secure workers a living wage, humane conditions of work,
maternity relief, decent standard of life and full enjoyment of leisure
and social an d cultural opportunities
Art. 43A: „Profit-sharing‟ or full participation of the workers in the
management of the industry
44 Uniform Civil Code in the Country to promote National Integration

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45 Free and compulsory to all the children. This directive cannot
overpower Art. 30(1) – of the minorities, which grants them right to
establish and maintain educational institutions of their choice
46 Promotion of educational and economic interests of SCs, STs and
other weaker sections
47 Raise the standard of living and public health
Introduce prohibition of consumption of alcoholic drinks
48 Prohibit cow slaughter and organize agriculture and animal husbandry
Art. 48(A): Protection and improvement of environment, forests &
wild life
49 Protection of monuments and places and objects of national
importance
50 Separation of Judiciary and executive.
Uniform Criminal Procedure Code, 1973 has been brought into
force in the country to bring uniformity in the Legislation process
51 Promotion of international peace and security, just and honourable
relations b/w nations, respect for international law and settlement of
disputes by arbitration. As international treaties do not automatically
become a part of the national law, they are to be adopted/incorporated
by legislation (Art. 253)