DPSP Full Form — Directive Principles of State Policy

What is DPSP?

The Directive Principles of State Policy are a set of guidelines or principles given to the central and state governments of India for them to follow while framing laws and policies. They are not enforceable by any court, but the Constitution declares them fundamental in the country's governance.

The DPSPs were borrowed from the Irish Constitution of 1937, which had borrowed it from the Spanish Constitution. Together with the Fundamental Rights (Part III) and Fundamental Duties (Article 51A), the DPSPs constitute the conscience of the Indian Constitution.

Article 36 and 37 — the foundation

• Article 36 — defines "the State" the same way as Article 12 (i.e. includes Parliament, state legislatures, government and local authorities).
• Article 37 — declares that DPSPs shall not be enforceable by any court, but "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".

Classification of DPSPs

The 16 DPSP articles (39-51) are grouped into three categories, though the Constitution itself does not classify them. This three-fold classification is used by Indian polity texts including D.D. Basu and M. Laxmikanth:

Key DPSPs every UPSC aspirant must know

• Article 38 — state to secure a social order for the welfare of the people.
• Article 39 — six policy directives including equitable distribution of material resources and equal pay for equal work.
• Article 39A (added by 42nd Amendment 1976) — equal justice and free legal aid.
• Article 40 — organisation of village panchayats (basis of 73rd Amendment 1992).
• Article 41 — right to work, education and public assistance.
• Article 42 — just and humane conditions of work and maternity relief.
• Article 43 — living wage for workers.
• Article 44 — uniform civil code (currently a politically contested directive).
• Article 45 (amended by 86th Amendment 2002) — early childhood care and education for children below 6.
• Article 46 — promotion of educational and economic interests of SCs, STs and weaker sections.
• Article 47 — duty to raise the level of nutrition; prohibition of intoxicating drinks.
• Article 48 — organisation of agriculture and animal husbandry; 48A (42nd Amendment) — protection of environment.
• Article 50 — separation of judiciary from executive.
• Article 51 — promotion of international peace and security.

Fundamental Rights vs DPSP — the conflict

FRs are justiciable; DPSPs are not. So what happens when a law made to fulfil a DPSP violates a Fundamental Right? Indian constitutional history records four major chapters:

1. State of Madras v. Champakam Dorairajan (1951) — SC ruled that in case of any conflict, Fundamental Rights would prevail over DPSPs.
2. 1st Constitutional Amendment 1951 — added Article 31A and 31B + Ninth Schedule to protect agrarian reforms from FR challenges. This was the legislative response.
3. 25th Amendment 1971 — inserted Article 31C, giving primacy to DPSPs under Articles 39(b) and 39(c) over Articles 14 and 19. Kesavananda Bharati 1973 limited but did not strike this down.
4. 42nd Amendment 1976 — Article 31C extended to all DPSPs; struck down in part by Minerva Mills v. Union of India (1980) which restored the balance — DPSPs and FRs must coexist; neither can override the basic structure.

Important amendments adding new DPSPs

• 42nd Amendment 1976 — added Articles 39A (free legal aid), 43A (workers' participation in management) and 48A (environment).
• 44th Amendment 1978 — added Article 38(2) (minimisation of inequalities).
• 86th Amendment 2002 — modified Article 45 (free education for 0-6), making elementary education a Fundamental Right under Article 21A.
• 97th Amendment 2011 — added Article 43B (cooperative societies).

Criticism of DPSPs

• Non-justiciable — critics argue this makes them "pious wishes".
• Illogical arrangement — no logical ordering or classification within Part IV.
• Conservative bias — some directives like cow protection reflect particular ideologies.
• Conflict with FRs — created decades of constitutional litigation.
• Federal tensions — directives bind state governments without giving them resources.

The DPSPs today

Many DPSPs have been progressively implemented through legislation — MGNREGA (Article 41 right to work), Right to Education (Article 45 → Article 21A), Panchayati Raj (Article 40), Forest Rights Act (Article 48A), Lokpal Act (good governance), Maternity Benefit Act (Article 42). Others — notably the Uniform Civil Code under Article 44 — remain politically contested. The DPSPs continue to function as the policy north star of Indian governance.

UPSC PYQs on DPSP

• Prelims 2017: Which of the following provisions of the Constitution does India have a 'Federal' feature? — DPSPs do NOT make India federal.
• Mains 2021 (GS-2): The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society. Illustrate with special reference to the expanding horizons of the right to life and personal liberty. (Article 21 + DPSP harmony)
• Mains 2017 (GS-2): Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine.
• Mains 2018 (GS-2): "Constitutionally guaranteed judicial independence is a prerequisite of democracy." Comment.
• Practice: "DPSPs are 'pious wishes' or 'fundamental in the governance of the country'? Critically examine.