Directive Principles of State Policy (Articles 36–51)

What the Directive Principles are

Part IV of the Constitution (Articles 36–51) contains the Directive Principles of State Policy (DPSP). They are borrowed from the Irish Constitution of 1937, which in turn took the idea from the Spanish Constitution. Dr Ambedkar called them "novel features" of the Constitution; Granville Austin described them, together with Fundamental Rights, as "the conscience of the Constitution". They resemble the Instrument of Instructions given to the Governor-General and Governors under the GoI Act 1935 – except that these instructions are addressed to the legislature and executive of independent India.

Article 37 states their legal nature: the Directive Principles shall not be enforceable by any court, but they 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. They aim at a welfare state and economic and social democracy, as distinct from the political democracy secured by Fundamental Rights.

Classification

The Constitution does not classify them, but on the basis of content and direction they are usually grouped as socialistic, Gandhian and liberal-intellectual.

Socialistic principles – aim at social and economic justice:

• Art 38: promote welfare by securing a social order permeated by justice – social, economic and political – and minimise inequalities in income, status, facilities and opportunities (the second clause added by the 44th Amendment, 1978).
• Art 39: adequate means of livelihood for all citizens; distribution of ownership and control of material resources to subserve the common good; prevention of concentration of wealth and means of production; equal pay for equal work for men and women; protection of workers and children; and opportunities for healthy development of children (the last added by the 42nd Amendment).
• Art 39A: equal justice and free legal aid to the poor (42nd Amendment).
• Art 41: right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement.
• Art 42: just and humane conditions of work and maternity relief.
• Art 43: living wage, decent standard of life and social and cultural opportunities for all workers.
• Art 43A: participation of workers in the management of industries (42nd Amendment).
• Art 47: raise the level of nutrition and standard of living and improve public health.

Gandhian principles – reflect Gandhi's programme of reconstruction:

• Art 40: organise village panchayats as units of self-government.
• Art 43: promote cottage industries on an individual or co-operative basis in rural areas.
• Art 43B: promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (97th Amendment, 2011).
• Art 46: promote educational and economic interests of SCs, STs and weaker sections and protect them from social injustice and exploitation.
• Art 47: prohibit consumption of intoxicating drinks and drugs injurious to health (except for medicinal purposes).
• Art 48: prohibit slaughter of cows, calves and other milch and draught cattle and improve their breeds.

Liberal-intellectual principles:

• Art 44: a Uniform Civil Code for citizens throughout India.
• Art 45: early childhood care and education for all children until they complete six years (substituted by the 86th Amendment, 2002).
• Art 48: organise agriculture and animal husbandry on modern and scientific lines.
• Art 48A: protect and improve the environment and safeguard forests and wildlife (42nd Amendment).
• Art 49: protect monuments and places of artistic or historic interest declared to be of national importance.
• Art 50: separate the judiciary from the executive in the public services of the State.
• Art 51: promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of disputes by arbitration.

Amendments that added Directive Principles

• 42nd Amendment (1976): Articles 39(f) (children), 39A, 43A and 48A.
• 44th Amendment (1978): Article 38(2) – minimise inequalities in income.
• 86th Amendment (2002): new Article 45 (early childhood care) – the old Article 45 became the basis of Article 21A.
• 97th Amendment (2011): Article 43B on co-operative societies.

Directives outside Part IV

Some directions are found elsewhere and are also non-justiciable, though they can be considered by courts: Article 335 (claims of SCs and STs to services to be balanced with efficiency), Article 350A (instruction in the mother tongue at the primary stage for children of linguistic minorities) and Article 351 (development of the Hindi language).

Implementation – how far have we come?

The DPSPs have guided major laws and policies:

• Land reforms – abolition of intermediaries, tenancy reforms, land ceilings (Art 39).
• Minimum Wages Act, 1948, Equal Remuneration Act, 1976, and now the four Labour Codes (Arts 39, 42, 43).
• Legal Services Authorities Act, 1987 – NALSA and Lok Adalats (Art 39A).
• 73rd and 74th Amendments (1992) – panchayats and municipalities (Art 40).
• MGNREGA (2005) – right to work (Art 41); NFSA (2013) – nutrition (Art 47).
• Wildlife (Protection) Act, 1972, Forest (Conservation) Act, 1980, Environment (Protection) Act, 1986 (Art 48A).
• CrPC, 1973 separating judicial magistrates from executive control (Art 50); now continued under the Bharatiya Nagarik Suraksha Sanhita, 2023.
• Prohibition of liquor in states such as Gujarat and Bihar (Art 47); cow-slaughter laws in many states (Art 48).
• Uniform Civil Code: Goa has a long-standing common civil code (based on the Portuguese Civil Code), and Uttarakhand enacted a Uniform Civil Code in 2024, which came into force in January 2025. There is no nationwide UCC.

Criticism and defence

Critics called the DPSPs "pious superfluities" (K.T. Shah compared them to "a cheque on a bank, payable only when the resources of the bank permit"), vague and illogically arranged, conservative (because they are based on 19th-century ideas), and a possible source of constitutional conflict between the Centre and states or between the President and Prime Minister. Supporters reply that they serve as an instrument of instructions, a yardstick for judging governments, a guide to the courts in interpreting laws and judging reasonableness of restrictions, and a basis for the opposition to criticise the government. Their real value is political and moral: no elected government can ignore them for long.

Practice: Mains question

*"Directive Principles are non-justiciable, yet fundamental in governance." Explain with examples of their implementation. (150 words)* Use Article 37, give three or four laws linked to specific Articles (MGNREGA – Art 41, NFSA – Art 47, legal aid – Art 39A, panchayats – Art 40), mention their use by courts to interpret Article 21 (education, environment, legal aid), and conclude with gaps such as the UCC and inequality.

Common traps

• Article 40 (panchayats) is a Gandhian principle; Article 44 (UCC) is liberal-intellectual.
• Free legal aid (39A), workers in management (43A) and environment (48A) came in 1976; co-operatives (43B) in 2011.
• Article 50 – separation of judiciary from executive; Article 51 – international peace.
• Article 45 now concerns children below six years.

Practice: check your understanding

1. *Which DPSP did the Supreme Court use to support free legal aid as part of Article 21?* Article 39A, read with Article 21 in cases such as Hussainara Khatoon and M.H. Hoskot.
2. *Is a Uniform Civil Code mandatory on Parliament?* No. Article 44 is a directive; courts have urged it (Shah Bano, 1985; Sarla Mudgal, 1995) but cannot compel it.
3. *Why is Article 50 important today?* It is the basis for keeping judicial magistrates independent of district executives.