The Directive Principles of State Policy are found in Part IV of the Indian Constitution, from Articles 36 to 51. The framers of the Constitution took inspiration for these principles from the Irish Constitution of 1937, which itself was based on the Spanish Constitution. Dr. B.R. Ambedkar referred to these principles as 'novel features' of the Indian Constitution.
The Directive Principles, along with the Fundamental Rights, embody the philosophy and soul of the Constitution. Together, they outline the values and vision that guide the governance and development of the nation. Scholar Granville Austin described the Directive Principles and the Fundamental Rights as the 'Conscience of the Constitution.'
Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly, suggested dividing individual rights into two categories: justiciable and non-justiciable. This recommendation was accepted by the Drafting Committee. As a result, justiciable rights, known as Fundamental Rights, were included in Part III of the Constitution. Non-justiciable rights, known as Directive Principles, were included in Part IV of the Constitution.
The framers of the Constitution made the Directive Principles non-justiciable and legally non-enforceable for the following reasons:
- Limited Financial Resources: At the time of independence, India did not have enough money to implement all the Directive Principles right away.
- Diversity and Backwardness: India is a large and diverse country with many differences in culture, language, and development levels. These variations would make it difficult to implement the Directive Principles uniformly.
- Flexibility for the State: Being a new country, India needed to focus on its most urgent needs. The government needed the freedom to decide when, where, and how to implement the Directive Principles based on the country's circumstances.
By keeping the Directive Principles non-justiciable, Sir B.N. Rau and the framers of the Constitution allowed the government flexibility in addressing the nation's needs and challenges while working toward social and economic goals.
PART IV - Article 36 to 51
- Article 36 – Definition
- Article 37– Application of DPSP
- Article 39A – Equal justice and free legal aid
- Article 40 – Organization of a village panchayat
- Article 41 – Right to work, to education, and to public assistance in certain cases
- Article 43 – Living Wages, etc. for workers.
- Article 43A – Participation of workers in the management of industries.
- Article 43B - Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
- Article 44 – Uniform Civil Code.
- Article 45 – Provision for free and compulsory education for children.
- Article 46 – Promotion of educational and economic interest of scheduled castes (SC), scheduled tribes (ST), and OBC.
- Article 47– Duty of the state to raise the level of nutrition and the standard of living and to improve public health.
- Article 48 – Organization of agriculture and animal husbandry.
- Article 49 – Protection of monuments and places and objects of natural importance.
- Article 50 – Separation of judiciary from the executive.
- Article 51 – Promotion of international peace and security.
The 42nd Amendment Act of 1976 added four new Directive Principles to the original list in the Constitution. These new principles require the state to:
- Provide healthy opportunities for children (Article 39): Ensure that children have access to conditions necessary for their healthy development.
- Promote equal justice and offer free legal aid to the poor (Article 39A): Help ensure that the legal system is accessible and equitable for everyone, especially those who cannot afford it.
- Encourage worker participation in industry management (Article 43A): Enable workers to have a say in how industries are managed.
- Protect and improve the environment, forests, and wildlife (Article 48A): Ensure that natural resources are preserved and wildlife is safeguarded.
The 44th Amendment Act of 1978 added another Directive Principle that requires the state to minimize inequalities in income, status, facilities, and opportunities (Article 38).
The 86th Amendment Act of 2002 changed the subject matter of Article 45, making elementary education a fundamental right under Article 21A. The amended directive now requires the state to provide early childhood care and education for all children until they are six years old.
The 97th Amendment Act of 2011 introduced a new Directive Principle related to co-operative societies. This principle mandates the state to support voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies (Article 43B).
66th [RE] BPSC
Match List -I with List-II and select the correct answer using the codes given below the Lists :
List - I (Provision)
A. Formation of Village Panchayat
B. Uniform Civil Code
C. Agriculture and Animal Husbandry
D. Separation of Judiciary from Executive
E. Promotion of International Peace
List II (Article)
1. Article 44
2. Article 48
3. Article 40
4. Article 51
5. Article 50
A. A-3, B-1, C-2, D-5, E-4
B. A-3, B-2, C-1, D-5, E-4
C. A-3, B-1, C-2, D-4, E-5
D. A-3, B-2, C-1, D-4, E-5
64th BPSC
Q. Which one of the following Articles directs the State Governments to organize the Panchayats?
A. Article 40
B. Article 48
C. Article 50
D. None of the above
40th BPSC
Q. Panchayati Raj System in India is laid down under-
A. Fundamental Rights
B. Election Commission Act
C. Directive Principles of State Policy
D. None of the above
