DIRECTIVE PRINCIPLES OF STATE POLICY

Part IV, Articles 36-51

Socialistic Pattern of society and not Socialism as such was declared to be the
objective of the Planning process started b !ehru
Concept borrowed from the Irish Constitution
"nder Art# 3$, 3% and &6, it is the dut of the local bodies- Panchaats, 'ila
Parishads and (unicipalities to i)ple)ent the *P+P in a planned )anner b
annual budgets providing right to resident to the poor#
Prea)ble, the ,-s and the *P+P are integral parts of the .onstitution
,-s i)pose li)itation upon the +tate action, *P+P are an instru)ent in the hands
of the govern)ent to achieve certain objectives
o *P+P are re/uired to be i)ple)ented b legislation and the are not
enforceable and do not create an justiciable rights in favour of the
individuals# 01hese ter)s - justiciable/non-justiciable have been ta2en
fro) the .onstitution of 3ire4
In case an state govern)ent fails to co)pl with an of the directions issued b
the .entre under the *P+P, it can invo2e Art# 365 against such recalcitrant state#
Also under Art# 355, it will be the dut of the centre to protect the respective
states fro) internal disturbances and e5ternal aggression# In such circu)stances,
states shall follow the *irectives given b the "nion under *P+Ps
A court can uphold the validit of an law if it had been )ade to i)ple)ent the
*P+P or the ,unda)ental *uties, given that it included a 6reasonable
classification7 under Art# 1&, 6reasonable restriction7 under Art# 1% or under Art#
31084 0repealed clause4
Directives which are present in other parts of the Constitution are
o Art# 359A: Provision for ade/uate facilities for instruction in the )other-
tongue at the pri)ar stage of education to children belonging to linguistic
)inorit groups
o Art# 351: Pro)otion of the ;indi language b the "nion and to develop it
so that it )a serve as the )ediu) of e5pression of all the ele)ents of the
co)posite culture of India
o Art# 335: .lai)s of the )e)bers of the +.s, +1s shall be ta2en into
consideration, consistentl with the )aintenance of efficienc of
ad)inistration, in the )a2ing of appoint)ents to the services and posts in
connection with the affairs of the "nion or of a +tate
1
Article ,eatures
3< *P+P are 6funda)ental in the governance of the countr7 and that 6it shall
be the dut of the state to appl these principles in )a2ing laws7#
1hese principles have a non-justiciability clause - that the judiciar won=t
co)pel the state to perfor) a >dut= under the *P+P
3$ ?estone of the *P+P
It sas that the +tate shall thrive to establish a welfare state b securing and
protecting social order in which justice - social, econo)ical and political
shall be provided to ever individual
3% +tate shall direct its polic in such a )anner as to secure that all )en and
wo)en have the right to an ade/uate )eans of livelihood, ownership and
control of the )aterial resources are distributed in such a wa that ensures
co))on good, there is no concentration of wealth and )eans of production
and there is e/ual pa for e/ual wor2 for both )en and wo)en, health and
strength of wor2ers is not abused, children and outh are protected against
e5ploitation, etc#
;ealth develop)ent of child
Art# 3%A: free legal aid to the poor and ta2e suitable steps to ensure e/ual
justice to all
Art# 3%0@4: +tate should secure that the ownership and of the )aterial
resources of the co))unit are so distributed to serve the co))on good
&9 ArganiBation of Village Panchaats
&1 Cithin its econo)ic capacit, the +tate shall )a2e provisions for securing
the right to wor2, education and public assistance in the event of
une)plo)ent, old age, sic2ness and disable)ent or other cases of
underserved want#
&8 D
&3
;elp secure wor2ers a living wage, hu)ane conditions of wor2, )aternit
relief, decent standard of life and full enjo)ent of leisure and social an d
cultural opportunities
1o pro)ote cottage industries
Art# &3A: >Profit-sharing= or full participation of the wor2ers in the
)anage)ent of the industr
&& "nifor) .ivil .ode in the .ountr to pro)ote !ational Integration
&5 ,ree and co)pulsor care and education to all the children# 1his directive
cannot overpower Art# 39014 E of the )inorities, which grants the) right to
establish and )aintain educational institutions of their choice
2
&6 Pro)otion of educational and econo)ic interests of +.s, +1s and other
wea2er sections
&<
-aise the standard of living and public health
Introduce prohibition of consu)ption of alcoholic drin2s
&$
Prohibit cow slaughter and organiBe agriculture and ani)al husbandr
Art# &$0A4: Protection and i)prove)ent of environ)ent, forests D wild life
&%
Protection of )onu)ents and places and objects of national i)portance
59
+eparation of Fudiciar and e5ecutive#
"nifor) .ri)inal Procedure .ode, 1%<3 has been brought into force in
the countr to bring unifor)it in the Gegislation process
51
Pro)otion of international peace and securit, just and honourable relations
bHw nations, respect for international law and settle)ent of disputes b
arbitration# As international treaties do not auto)aticall beco)e a part of
the national law, the are to be adoptedHincorporated b legislation 0Art#
8534
Criticism of DPSP:
i# !o legal force
ii# Illogicall arranged: uni)portant issues )i5ed with vital econo)ic and social
/uestions#
iii# .onservative: .ritics call it to be based on 1%
th
centur @ritish political
philosoph
iv# .onstitutional conflict: ?# +anthana) pointed that *P+P causes constitutional
conflict between center and states, President and P( and between governor
and .( while i)ple)entation of these principles
Implementation of DPSP:
Planning co))ission to develop five ear plans
Gand refor) laws passed b various states
(ini)u) wages Act, 1%&$, Pa)en of @onus Act 1%65, Pa)ent of Cages Act,
1%36
.hild labor prohibition and regulation act, 1%$6
Industrial *isputes Act 1%&<
(aternit benefits Act 1%61
?hadi and Village Industries @oard, etc for village level industries
1hree tier Panchaati raj
Cildlife Protection Act
3
+eat reservation for +. and +1s
.ri)inal Procedure .ode 1%<3
Ancient and ;istorical (onu)ent and Archeological +ites and -e)ains Act,
1%51, etc
4