Here are top 50 key facts about Directive Principles of State Policy (DPSPs) with proper explanations, focusing on areas that often confuse candidates preparing for the UPSC CSE:
Definition: DPSPs are guidelines or principles laid down in Part IV of the Constitution (Articles 36-51) for the governance of the state.
Non-Justiciable: Unlike Fundamental Rights, DPSPs are not enforceable in courts.
Objective: Aim to establish social and economic democracy in India.
Borrowed Feature: Inspired by the Irish Constitution, which itself was influenced by the Spanish Constitution.
Classification: DPSPs are broadly classified into:
- Socialistic Principles
- Gandhian Principles
- Liberal-Intellectual Principles
Article 36: Defines “State” for DPSPs, similar to Article 12 under Fundamental Rights.
Purpose: Provide a framework to create a welfare state.
Fundamental Rights vs DPSPs: Rights are enforceable and prioritize individual freedoms, while DPSPs are collective goals.
Constitutional Status: DPSPs are fundamental in the governance of the country but cannot override Fundamental Rights.
Implementation: Require legislation for enforcement, making them dependent on political will.
Article 38: Directs the state to promote welfare by securing social, economic, and political justice.
Article 39: Includes key provisions such as:
- Right to adequate means of livelihood
- Equal pay for equal work for men and women
- Protection against economic exploitation
Article 39A: Added by the 42nd Amendment, ensures equal justice and free legal aid.
Article 41: Secures the right to work, education, and public assistance.
Article 42: Directs the state to provide just and humane conditions of work and maternity relief.
Article 43: Promotes living wages and decent standards of life for workers.
Article 43A: Added by the 42nd Amendment, promotes worker participation in industrial management.
Welfare State Ideal: These articles collectively aim to establish a welfare state.
Right to Education: Article 45, originally a DPSP, became enforceable as Article 21A by the 86th Amendment.
Social Justice Link: Socialistic principles align with the goal of achieving social justice.
Article 40: Directs the state to organize village panchayats as units of self-government.
Article 43: Encourages the promotion of cottage industries in rural areas.
Article 46: Mandates the promotion of educational and economic interests of SCs, STs, and other weaker sections.
Article 47: Directs the state to improve public health and raise the level of nutrition.
Article 48: Promotes the modernization of agriculture and animal husbandry.
Prohibition of Cow Slaughter: Article 48 calls for the preservation of cattle breeds.
Decentralization Vision: Panchayati Raj (Article 40) forms the basis of grassroots democracy.
Rural Development Focus: Gandhian principles aim to bridge the rural-urban divide.
SC/ST Welfare: Emphasis on affirmative action for marginalized communities under Article 46.
Prohibition of Intoxicants: Article 47 encourages prohibition to improve public health.
Article 44: Advocates for a Uniform Civil Code (UCC) for all citizens.
Article 45: Originally aimed at free and compulsory education for children up to 14 years (now Article 21A).
Article 48A: Added by the 42nd Amendment, directs the state to protect and improve the environment.
Article 49: Ensures the protection of monuments, places of historic interest, and national importance.
Article 50: Separates the judiciary from the executive in public services.
Article 51: Promotes international peace and security and adheres to international treaties and obligations.
Environment Protection: Article 48A is often cited in environmental litigation and judgments.
UCC Debate: Article 44’s implementation remains controversial due to India’s diverse personal laws.
Judicial-Executive Separation: Article 50 aims to uphold judicial independence.
Global Outlook: Article 51 underscores India’s commitment to international law and cooperation.
Non-Justiciable Nature Misconception: Although not enforceable, courts can use DPSPs to interpret laws and policies.
Minerva Mills Case (1980): Affirmed the harmonious balance between Fundamental Rights and DPSPs.
Kesavananda Bharati Case (1973): Upheld DPSPs as part of the Constitution’s basic structure.
Conflict with Fundamental Rights: In case of conflict, Fundamental Rights prevail over DPSPs.
Legislative Dependency: Implementation depends on legislative action and resource availability.
Prohibition Challenges: Article 47’s prohibition directive is inconsistently implemented across states.
Uniform Civil Code: Remains politically sensitive due to cultural and religious diversity.
Directive for Judiciary: Articles like 39A (legal aid) influence judicial pronouncements and PILs.
Welfare-Oriented Laws: Many welfare schemes, such as MGNREGA, draw inspiration from DPSPs.
Role in Policy Formulation: DPSPs serve as guiding principles for laws and policies, especially in education, health, and environment sectors.