Relevance of Directive Principles of State Policy under part-IV
1. What DPSP Are (Part IV, Art 36–51)
Directive Principles of State Policy (DPSP) = non-justiciable (cannot be directly enforced via writ like FR; Art 37 says fundamental in governance, duty of State to apply) socio-economic goals that guide the State in law-making to achieve welfare state and social justice (borrowed from Irish Constitution, which borrowed from Spain).
- Art 36: defines State (same as Art 12).
- Art 37: DPSP not enforceable but fundamental to governance.
2. Why They Are Relevant / Significant (exam 5 points)
| Relevance |
Explanation |
| Welfare state ideal |
Transform political democracy (FR) into social-economic democracy — bridge between FR and socialist goals |
| Fundamental in governance |
Courts cannot order State to implement, but State must consider when making laws; SC uses DPSP to interpret FR (e.g., Art 21 expanded via DPSP, Kesavananda says DPSP and FR complementary) |
| Balance FR |
Initially FR vs DPSP conflict: Champakam (1951) gave FR primacy; Kesavananda (1973) says harmony; 42nd Amendment tried DPSP primacy for Art 39(b)(c) via Art 31C, but Minerva Mills (1980) restored balance |
| Inspiration for laws |
Many laws stem from DPSP: Minimum Wages Act (Art 43), Panchayati Raj (Art 40), Equal pay for equal work (Art 39), Legal aid (Art 39A), Environment (Art 48A) |
| Moral, not legal, pressure |
Guides policy manifesto and judicial review aid — e.g., uniform civil code (Art 44) debate |
3. FR vs DPSP (what exam often contrasts)
| Aspect |
FR (Part III) |
DPSP (Part IV) |
| Nature |
Negative (restrains State from doing) — "State shall not deny..." |
Positive (directs State to do) — "State shall strive..." |
| Justiciability |
Justiciable |
Non-justiciable |
| Aim |
Individual liberty |
Social welfare, justice |
| Enforceability |
Via Art 32 |
Via political pressure, not writ |
