This article covers SSC Directive Principles of State Policy DPSP PPT (LEC #9) -राज्य के नीति-निर्देशक सिद्धांत, part of the Complete Foundation Batch PPT Series at slideshareppt.net. DPSPs are covered under Part IV of the Constitution (Articles 36–51) and are one of the most consistently tested topics in SSC CGL, CHSL, CPO, and MTS exams. Questions are asked on individual articles, categories (Socialist / Gandhian / Liberal), the FR vs DPSP conflict, Article 44 (Uniform Civil Code), Article 39A (free legal aid), and landmark Supreme Court cases.
SSC Directive Principles of State Policy DPSP PPT (LEC #9)
Note: Above is PPT in GOOGLE SLIDES (HTML AND IFRAME COMBINATION) and if you wish to download the Complete SSC series (PPT slides), Simply visit this redirect page – REDIRECT PAGE.
1. What are Directive Principles of State Policy (DPSP)?
DPSPs are guidelines / directives given to the Central and State governments for making laws and governing the country
Located in Part IV of the Constitution -Articles 36 to 51
Borrowed from the Irish Constitution (Article 45 of the Irish Constitution 1937)
Also similar to the ‘Instrument of Instructions’ in the Government of India Act 1935
DPSPs are NON-JUSTICIABLE -they cannot be enforced through courts
Despite being non-justiciable, Article 37 declares them ‘fundamental in the governance of the country’
It is the duty of the State to apply DPSPs when making laws
DPSPs represent positive obligations of the State -what the State SHOULD do
Fundamental Rights represent negative obligations -what the State should NOT do
Together, FRs and DPSPs are described by Granville Austin as the ‘conscience of the Constitution’
2. Articles 36 and 37 -Foundation of DPSPs
Article 36 -Definition of State
‘State’ in Part IV has the same meaning as in Article 12 (Part III)
Includes: Government of India, Parliament, State Governments, State Legislatures, local authorities, other authorities
Article 37 -Application of DPSPs
DPSPs shall not be enforceable by any court
But they are fundamental in the governance of the country
It shall be the duty of the State to apply these principles in making laws
‘Fundamental in governance’ -even though not justiciable, governments are morally and politically bound to follow them
3. Categories of Directive Principles -Three Types
Category
Articles
Key Principles
Source / Inspiration
Socialist Principles
38, 39, 39A, 41, 42, 43, 43A
Adequate livelihood, equal pay for equal work, right to work, maternity relief, worker participation in management, free legal aid
USSR / Soviet Union ideals; Fabian socialism
Gandhian Principles
40, 43, 43B, 45, 46, 47, 48
Village panchayats, cottage industries, co-operative societies, education for children, welfare of SCs/STs, prohibition of intoxicants, ban on cow slaughter
Mahatma Gandhi’s constructive programme
Liberal / Intellectual Principles
39A, 44, 48A, 49, 50, 51
Uniform Civil Code, separation of judiciary, environmental protection, protect monuments, promote international peace
Western liberal democratic tradition; Irish Constitution
4. All Directive Principles -Complete Article-wise Table (Most Important for SSC)
Article
Directive Principle
Category
Article 38
State to secure a social order for promotion of welfare of the people; reduce inequalities in income, status, facilities
Socialist
Article 39(a)
Adequate means of livelihood for all citizens -men and women equally
Socialist
Article 39(b)
Ownership and control of material resources to serve common good
Socialist
Article 39(c)
Prevent concentration of wealth and means of production to common detriment
Socialist
Article 39(d)
Equal pay for equal work for both men and women
Socialist
Article 39(e)
No abuse of health and strength of workers -men, women, children
Socialist
Article 39(f)
Children given opportunities to develop in healthy manner; no exploitation of childhood and youth
Socialist
Article 39A
Equal justice and free legal aid to ensure justice not denied due to economic or other disabilities
Liberal / Socialist
Article 40
Organise village panchayats and endow them with powers
Gandhian
Article 41
Right to work, to education, to public assistance in cases of unemployment, old age, sickness, disablement
Socialist
Article 42
Make provision for just and humane conditions of work and maternity relief
Socialist
Article 43
Living wage and decent standard of life for all workers; promote cottage industries
Gandhian / Socialist
Article 43A
Participation of workers in management of industries (added by 42nd Amendment 1976)
Socialist
Article 43B
Promotion of co-operative societies (added by 97th Amendment 2011)
Gandhian
Article 44
Uniform Civil Code for citizens throughout India
Liberal
Article 45
Early childhood care and education for children below 6 years (amended by 86th Amendment 2002)
Socialist / Gandhian
Article 46
Promote educational and economic interests of SCs, STs, and weaker sections; protect from injustice
Gandhian
Article 47
Raise the level of nutrition and standard of living; improve public health; prohibit intoxicating drinks and drugs
Gandhian
Article 48
Organise agriculture and animal husbandry on modern scientific lines; prohibit slaughter of cows, calves, milch and draught cattle
Gandhian
Article 48A
Protect and improve environment and safeguard forests and wildlife (added by 42nd Amendment 1976)
Liberal
Article 49
Protect monuments, places, objects of artistic or historic interest -national importance
Liberal
Article 50
Separate the judiciary from the executive in public services of the State
Liberal
Article 51
Promote international peace and security; maintain just and honourable relations between nations; foster respect for international law and treaty obligations
Liberal
5. Socialist Principles in Detail (Articles 38–43A)
Article 38 -Social Order for Welfare
State shall strive to promote the welfare of the people by securing a social order with justice -social, economic, and political
State shall minimise inequalities in income, status, facilities, and opportunities among individuals and groups
Article 39 -Certain Principles of Policy (Most Important Sub-Articles)
39(a) -Citizens, men and women equally, have right to adequate means of livelihood
39(b) -Ownership and control of material resources of the community distributed to serve common good
39(c) -Economic system shall not result in concentration of wealth to common detriment
39(d) -Equal pay for equal work for both men and women
39(e) -Health and strength of workers and children not to be abused
39(f) -Children given opportunities to develop in healthy manner; protect childhood and youth against exploitation
Articles 39(b) and 39(c) have special protection under Article 31C -laws implementing them cannot be challenged under Articles 14 or 19
Article 39A -Equal Justice and Free Legal Aid
State shall secure equal justice and free legal aid
Ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities
Legal Services Authorities Act 1987 enacted; NALSA (National Legal Services Authority) set up to implement this
Articles 41–43A -Workers’ Rights
Article 41 -Right to work, education, public assistance in unemployment, old age, sickness, disablement
Article 42 -Just and humane conditions of work; maternity relief (Maternity Benefit Act 1961)
Art 31C -DPSPs under Art 39(b)(c) override Art 14 and 19
Relationship
FRs are means; DPSPs are ends (Granville Austin)
Together they form the ‘conscience of the Constitution’
9. Conflict Between Fundamental Rights and DPSPs
The question of which prevails -Fundamental Rights or Directive Principles -has been one of the most important constitutional controversies in India. Here is how it evolved:
Amendment
Year
Effect on FR–DPSP Conflict
1st Amendment
1951
Added Art 15(4) -allowed reservation laws (DPSP values) to override Art 15(1)
25th Amendment
1971
Added Article 31C -laws to implement Art 39(b)(c) cannot be challenged under Art 14 or 19
42nd Amendment
1976
Extended Art 31C to all DPSPs -any law implementing any DPSP shielded from FRs; struck down by SC in Minerva Mills case
44th Amendment
1978
Restored balance; deleted Right to Property from FRs
Kesavananda Bharati (1973)
SC Judgment
Parliament cannot destroy Basic Structure; balance between FRs and DPSPs is part of Basic Structure
Minerva Mills (1980)
SC Judgment
SC struck down extended Art 31C; balance between FRs and DPSPs must be maintained; neither can be completely subordinate to the other
Current Position After Minerva Mills Case (1980)
Balance between Fundamental Rights and DPSPs is part of the Basic Structure of the Constitution
Neither FRs nor DPSPs can be made completely subordinate to the other
Article 31C (as originally in 25th Amendment 1971) is valid -laws implementing Art 39(b)(c) are protected
Extended Article 31C (42nd Amendment 1976 -covering all DPSPs) is invalid