Directive Principles of State Policy

di-REK-tiv PRIN-si-pulz Inspired by the Irish Constitution; 'directive' from Latin 'dirigere' (to guide) + 'principles' (fundamental truths)

Definition

The guidelines and principles enumerated in Part IV (Articles 36-51) of the Constitution that the State should follow in governance and law-making, though not enforceable by courts.

Detailed Explanation

Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Constitution of India (Articles 36-51). Unlike Fundamental Rights, they are non-justiciable, meaning they cannot be enforced through courts. However, they are fundamental in the governance of the country, and the State is duty-bound to apply these principles in making laws.

The Directive Principles can be classified into three categories:

1. Socialist Principles: Aimed at providing social and economic justice - Article 38: State to secure social order for promotion of welfare - Article 39: Equal distribution of resources, equal pay for equal work - Article 39A: Equal justice and free legal aid - Article 41: Right to work, education, and public assistance - Article 42: Just and humane conditions of work - Article 43: Living wage and decent standard of life for workers - Article 43A: Participation of workers in management

2. Gandhian Principles: Based on Gandhian ideology - Article 40: Organization of village panchayats - Article 43: Promotion of cottage industries - Article 46: Promotion of educational and economic interests of weaker sections - Article 47: Prohibition of intoxicating drinks and drugs - Article 48: Organization of agriculture and animal husbandry

3. Liberal-Intellectual Principles: Aimed at creating a modern, progressive state - Article 44: Uniform Civil Code - Article 45: Early childhood care and education - Article 48A: Protection of environment - Article 49: Protection of monuments - Article 50: Separation of judiciary from executive - Article 51: Promotion of international peace

Though non-justiciable, courts have used DPSPs to interpret Fundamental Rights and uphold legislation implementing these principles.

Essential Elements

1 Contained in Part IV (Articles 36-51) of the Constitution
2 Non-justiciable - cannot be enforced through courts (Article 37)
3 Fundamental in governance - State must consider them in policy-making
4 Serve as guidelines for legislature and executive
5 Used by courts to interpret Fundamental Rights and validate laws
6 Can be implemented through legislation without constitutional amendment

Leading Cases

State of Madras v. Champakam Dorairajan

1951

AIR 1951 SC 226

Relevance: Held that Fundamental Rights prevail over Directive Principles in case of conflict

Minerva Mills v. Union of India

1980

(1980) 3 SCC 625

Relevance: Established harmony between Fundamental Rights and Directive Principles as part of basic structure

Unni Krishnan v. State of Andhra Pradesh

1993

(1993) 1 SCC 645

Relevance: Read Article 45 (right to education) into Article 21 making it a fundamental right

Ashok Kumar Thakur v. Union of India

2008

(2008) 6 SCC 1

Relevance: Upheld OBC reservations based on Article 46 (promotion of weaker sections)

Usage Example

"The State argued that the legislation was enacted to give effect to the Directive Principles contained in Article 39, promoting equitable distribution of resources."

Synonyms

DPSP state policy directives Part IV principles

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