Directive Principles of State Policy (DPSPs) — [Part-IV: Article 36-51]

1. Introduction #

The Directive Principles of State Policy (DPSPs), contained in Part IV (Articles 36–51) of the Indian Constitution, represent the goals of social and economic democracy.
They guide the State in making laws and policies aimed at establishing a Welfare State based on social justice, economic equality, and human dignity.

“While Fundamental Rights ensure political democracy, Directive Principles aim to establish social and economic democracy.”
— Justice Chandrachud, Minerva Mills v. Union of India (1980)

2. Concept of Welfare State and Social Justice #

2.1. Welfare State #

• The Indian Constitution envisages India as a Welfare State, not a mere Police State.

• It requires the State to play a positive and proactive role in ensuring public welfare, especially for the poor and marginalized.

📘 Constitutional Basis:

• Preamble: Justice — social, economic, and political.

• DPSPs (Part IV): Concrete measures for achieving welfare objectives.

Examples of Welfare Measures envisaged:

• Equal pay for equal work (Art. 39(d))

• Free legal aid (Art. 39A)

• Public health and nutrition (Art. 47)

• Environmental protection (Art. 48A)

2.2. Social Justice #

Meaning:
Social justice means the fair and just distribution of wealth, opportunities, and privileges within society.

Purpose:
To remove inequalities not only among individuals but also among groups — ensuring balance between liberty and equality.

📘 Case: State of Mysore v. Sanjeeviah (1967) —
Held that social justice aims to secure equality of opportunity and status in all spheres of life.

3. Meaning and Nature of Directive Principles #

3.1. Text (Article 37) #

“The provisions contained in this Part shall not be enforceable by any court, but the principles therein 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.”

3.2. Nature #

3.3. Classification of DPSPs #

4. Judicial Interpretation and Evolution #

4.1. State of Madras v. Champakam Dorairajan (1951 AIR SC 226) #

Facts: Caste-based educational reservations challenged as violative of Article 29(2).
Issue: Whether DPSPs can override Fundamental Rights.
Held: Fundamental Rights prevail over DPSPs in case of conflict.
→ Led to the First Amendment (1951) — introducing Article 15(4) for backward class upliftment.

4.2. Re Kerala Education Bill (1958 SCR 995) #

Held:
DPSPs are fundamental in governance and cannot be ignored by the State; though non-justiciable, they are not subordinate to Fundamental Rights.

4.3. Golaknath v. State of Punjab (1967 AIR SC 1643) #

Held:
Parliament cannot amend Fundamental Rights to implement DPSPs.
→ Led to the 24th Amendment (1971) restoring Parliament’s amending power.

4.4. Kesavananda Bharati v. State of Kerala (1973 AIR SC 1461) #

Held:

• Parliament can amend Fundamental Rights to implement DPSPs without destroying the Basic Structure.

• Harmony and balance between Parts III and IV is part of the Basic Structure.

4.5. Minerva Mills v. Union of India (1980 AIR SC 1789) #

Held:

• Reaffirmed Kesavananda.

• DPSPs and Fundamental Rights are complementary — neither is superior.

• Destroying either destroys the Basic Structure.

“The Indian Constitution is founded on the bedrock of balance between Fundamental Rights and Directive Principles.” — Justice Bhagwati

5. Non-Justiciability of DPSPs #

5.1. Meaning #

• Courts cannot compel the government to implement any DPSP.

• They are political obligations, not legal rights.

5.2. Rationale #

1. Implementation depends on resources and priorities of the State.

2. Intended to guide policy-making, not judicial enforcement.

3. Avoids excessive judicial interference in governance.

📘 Case: Paschim Banga Khet Mazdoor Samity v. State of West Bengal (1996)
→ Though non-justiciable, DPSPs like right to health (Art. 47) were used to expand Article 21.

6. Judicial Trend — Convergence of Rights and Directives #

In later cases, courts have read DPSPs into Fundamental Rights, effectively making many of them enforceable.

Thus, courts have made DPSPs judicially meaningful by harmonizing them with Fundamental Rights.

7. Significance of Directive Principles #

8. Recent Judicial & Legislative Developments #

• Right to Education (Art. 21-A) — Derived from DPSP (Art. 45).

• National Food Security Act, 2013 — Implements Art. 47 (nutrition).

• Environment Protection Laws — Rooted in Art. 48A.

• Gender justice, maternity relief, and labour welfare — Derived from Arts. 39, 42, 43.

9. Summary Table #

10. Conclusion #

The Directive Principles embody the spirit of Gandhian socialism and the vision of a Welfare State.
Though non-justiciable, they have been judicially elevated to constitutional values guiding both legislation and interpretation.

“The Directive Principles are the conscience of our Constitution — silent yet compelling.”
— Justice P. N. Bhagwati