EduCLAT

DIRECTIVE PRINCIPLES OF STATE POLICY

Table of Contents

INTRODUCTION......................................................................................................................1
CLASSIFICATION OF DIRECTIVES UNDER VARIOUS ARTICLES IN THE
CONSTITUTION......................................................................................................................1
Article 38 (1):.........................................................................................................................1
Article 39:...............................................................................................................................1
Article 39A:............................................................................................................................2
Article 40:...............................................................................................................................2
Article 41:...............................................................................................................................2
Article 42:...............................................................................................................................2
Article 43:...............................................................................................................................2
Article 44:...............................................................................................................................2
Article 45:...............................................................................................................................3
Article 46:...............................................................................................................................3
Article 47:...............................................................................................................................3
Article 51:...............................................................................................................................3
DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES
FOR STATE POLICY...............................................................................................................3
CONCLUSION..........................................................................................................................4

INTRODUCTION

The Directive Principle of State Policy (DPSP) is defined in the Part IV (Art. 36 to Art. 51) of
the Indian Constitution. The Directive Principles of State Policy are essentially a copy of the
Irish Constitution. The Indian Constitution contains the Directive Principles of State Policy,
which are directives for the government. In a court of law, however, you cannot compel the
State to enforce them. The Fundamental Right, on the other hand, is enforceable in a court of
law. The Directive Principle is a set of guidelines that politicians must follow while
developing policies for citizens. Directive principles are a kind of positive rights and it is
more concerned for the betterment of the society with respect to social and economic justice.

CLASSIFICATION OF DIRECTIVES UNDER VARIOUS ARTICLES IN THE

CONSTITUTION

Article 38 (1):

According to Article 38(1), it is the role of the state to work for the people's welfare. Law and
order are part of social order. It also involves the state's public order and security. As a result,
it is the state's responsibility to ensure public peace, safety, and order.

Article 39:

This article directs the state to follow these principles while making any policy for the
citizens:

- Men and women will have equal access to the means of subsistence.
- The state is responsible for distributing ownership and control of the content to the
general public.
- It is the state's responsibility to ensure that there is no discrimination based on gender,
which means that men and women will be paid equally for equal work.
- It is the responsibility of the state to ensure the health of children and workers.

Material resources are likewise covered under Article 39(b). The government has the
authority to acquire private property for the sake of development, housing construction, and
public infrastructure such as roads, playgrounds, and bridges.

Article 39A:

According to Article 39A of the Indian Constitution, it is the state's responsibility to provide
free legal assistance to all citizens of the country. It is the state's responsibility to provide
arrangements and programmes for free legal assistance so that economically disadvantaged
people can benefit from it. Article 21 of the Indian Constitution now makes legal aid and a
speedy trial a basic right. This right is available to all inmates.
Article 40:

The Panchayati Raj System is mentioned in Article 40 of the Indian Constitution. It is the
state's responsibility to take all necessary actions to establish the Panchayati Raj.

Article 41:

According to Article 41 of the Indian Constitution, the state has a responsibility to offer
work, education, and assistance to individuals who are unemployed or unable to care for
themselves, such as the elderly.

Article 42:

Article 42 of the Indian constitution mandates that the government improve human welfare
and offer maternity assistance.

Article 43:

Article 43 relates to workers' living wages, which suggests that the state has a responsibility
to make provisions for workers' pay, which should be sufficient to cover all of their basic
needs such as clothing, food, and shelter.

Article 44:

According to Article 44 of the Indian Constitution, it is the responsibility of the state to

ensure that citizens have access to a uniform civil code throughout the country. Essentially,
the Uniform Civil Code is a body of rules that brings all of the personal laws of all religions
together under one umbrella and is governed by a single law. However, in India, each religion
has its own set of personal laws, which they adhere to. The only state with a Uniform Civil
Code is Goa.

Article 45:

Article 45 of the Indian Constitution mandates that the state provide free and compulsory
education to all children until they reach the age of fourteen. The goal of providing free
education to all children is to eliminate illiteracy.
Article 46:

Article 46 of the Indian Constitution empowers the government to promote the educational
and economic interests of Scheduled Castes, Scheduled Tribes, and other socially and
economically disadvantaged groups. The state also has a duty to safeguard them from all
types of societal exploitation and injustice.

Article 47:

Article 47 of the Indian Constitution requires the government to enhance nutrition and
maintain a high standard of living. It also makes the state responsible for improving the state
of public health.

Article 51:
The Promotion of International Peace and Security is mentioned in Article 51 of the Indian
Constitution. Promoting peace and security with another country is the obligation of the state.
It is the state's job to maintain good relations with foreign countries. In many ways, good
connections with another country benefit the state.

DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE

PRINCIPLES FOR STATE POLICY

The Government's power to make laws is limited by the Fundamental Right, which means
that the Government has no jurisdiction to establish laws that are incompatible with the
Fundamental Right. The Directive Principles of State Policy, on the other hand, are
instructions for states to follow in order to achieve specific objectives. Article 32 allows you
to go to court if your fundamental right has been violated, but you cannot go to court if the
Directive Principle of State Policy has been breached. There are numerous discussions these
days about whether or not Directive Principles of State Policy should be used in the state
because they are not enforceable in court, yet in the current situation, they play a vital part in
the advancement of society.

CONCLUSION

The relevance of the Directive Principle of State Policy cannot be overstated. It serves the
same purpose. The Directive Philosophy cannot be despised simply because it is not
enforceable in a court of law; rather, it is the State's guiding principle. It is the state's
responsibility to apply these principles while enacting legislation. The Directive Principle of
State Policy is the backbone of the Fundamental Right, yet it is not enforceable in a court of
law. The Directive Principle's primary goal is to improve people's living conditions. It's
similar to a framework and policy that the government uses to enact laws.

In today's world, many directive policies are taking the form of fundamental rights. In a
democratic country like India, where the government changes every five years and each new
administration enacts new laws, the Directive Principles of State Policy play an important
role since every government must adhere to these principles while enacting laws for the
country.