DPSPs

The advices of the Constitution

 Directive Principles of State Policy –
Classification
• Indian Constitution has not originally classified
DPSPs but on the basis of their content and
direction, they are usually classified into three
types-
• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles
 Socialistic Principles

• aim at providing social and economic justice and set the path towards the welfare state.
• to promote the welfare of the people by securing a social order permeated by social, economic and
political justice and to minimise inequalities in income, status, facilities and opportunities. (Art 38)
• to secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution
of material resources of the community for common good; (c) prevention of concentration of
wealth and means of production; (d) equal pay for equal work for men and women; (e)
preservation of the health and strength of workers and children against forcible abuse; and (f)
opportunities for healthy development of children. (Art 39)
• to promote equal justice and to provide free legal aid to the poor. (Art 39A)
• to secure the right to work, to education and to public assistance in cases of unemployment, old
age, sickness and disablement. (Art 41)
• to make provision for just and humane conditions for work and maternity relief. (Art 42)
• to secure a living wage, a decent standard of life and social and cultural opportunities for all
workers (Art 43)
• to take steps to secure the participation of workers in the management of industries (Art 43A)
• to raise the level of nutrition and the standard of living of people and to improve public health. (Art
47)
 The Gandhian Principles
• to organize village Panchayats and endow them with necessary powers and
authority to enable them to function as units of self government. (Art 40)
• to promote cottage industries on an individual or co-operation basis in rural areas.
(Art 43)
• to promote voluntary formation, autonomous functioning, democratic control, and
professional management of co-operative societies. (Art 43B)
• to promote the educational and economic interests of SCs, STs and other weaker
sections of the society and to protect them from social injustice and exploitation.
(Art 46)
• to prohibit the consumption of intoxicating drinks and drugs which are injurious to
health. (Art 47)
• to prohibit slaughter of cows, calves and other milch and drought cattle and to
improve their breeds. (Art 48)
 Liberal-Intellectual Principles
• to secure for all citizens a uniform civil code. (Art 44)
• to provide early childhood care and education for all children until they complete
the age of 6 years. (Art 45)
• to organise agricultural and animal husbandry on modern and scientific lines. (Art
48)
• to protect and improve the environment and to safeguard forests and wildlife. (Art
48A)
• to protect monuments, places and objects of artistic or historic interest which are
declared to be of national importance. (Art 49)
• to separate the judiciary from the executive in the public services of the state. (Art
50)
• to promote international peace and security and maintain just and honourable
relations between nations; to foster respect for international law and treaty
obligations, and to encourage settlement of international disputes by arbitration.
(Art 51)
 Why DPSPs?
• Art 37 - The provisions 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.
• H M Seervai – No ambiguity in Art 37- DPSPs
are political exhortations to the legislature-
only remedy in the ballot box
• State of Madras vs Champakam Doraijan case
(1950-60s) – caste based affirmative action-
Fundamental rights vs DPSPs– rejected by SC
 Harmonious construction
• Fundamental Rights to be interpreted in the
light of DPSPs
• Mohd Hanif Qureshi vs State of Bihar- cow
slaughter ban challenged under Art 19 (1)(g)
 Constitution makers on DPSPs
• Ambedkar – no legal force did not imply no
binding force- fundamental and directive- goal of
economic democracy.
• Alladi Krishnaswamy- neither justiciable nor
enforceable
• Thus DPSPs – Janus faced
• A sphere in which the DPSPs have no role to play
and at the same time carve out another sphere
in which they do.
 Reasonableness
• Right to Education Case- 2012The obligations
on private schools were reasonable
restrictions under Art 19 (6) by virtue of being
in pursuance of the DPSPs.
State of Kerala vs NM Thomas case
• The govts affirmative action prog for
admissions to medical and engineering
colleges was struck down on Art 15 grounds &
the State’s reference to the DPSPs (Art 46) was
rejected.
• The Parliament amended the Constitution –
Art 15 (4)- allowed for affirmative action in
educational institutions.