The Directive Principles of State Policy (DPSP) originates from the Spanish and Irish Constitutions, with its origins in Article 45 of the Irish Constitution. The Indian Constitution, containing DPSP, aims for socioeconomic justice and welfare state establishment.

• Fundamental Rights Vs DPSP:
  • In contrast to the Fundamental Rights (FRs), the DPSP safeguards citizen rights on a broad scale and has an infinite extent.
  • The Democratic Party of Sweden (DPSP) encompasses all the principles that the State ought to adhere to and consider while developing policies and passing national legislation.
  • Directive Principles are directives; on the other hand, because they place restrictions on the State, Fundamental Rights are negative or prohibitive in nature.
  • The DPSP is non-justiciable and not legally enforceable.
• Classification of Principles: The Directive Principles are categorized on three basis :
  • Socialist Principles
  • Gandhian Principles
  • Liberal and Intellectual Principles

Directives based on Socialist Principles

• Article 38: The State shall endeavor to advance the welfare of the people by guaranteeing social justice on all fronts (political, social, and economic) and by reducing disparities in opportunities, resources, and position.
• Article 39: The State will focus its policies on ensuring the following in particular:
  • Every citizen has the right to a sufficient means of livelihood.
  • The arrangement of material resource ownership and control is crucial for the overall benefit of society.
  • The state is going to prevent concentrating wealth in a small number of hands.
  • Men and women should be paid equally for equivalent labor.
  • the defense of the workers’ health and strength.
  • Youth and childhood are not to be misused.
• Article 41: To protect the rights to employment, education, and state support in the event of old age, illness, or handicap.
• Article 42: The State shall provide for maternity leave and fair and decent working conditions.
• Article 43: The State will make an effort to guarantee a livable salary and a respectable quality of living for all workers.
  • Article 43A: The State will take action to ensure that workers are involved in industry management.
• Article 47: to enhance public health by improving people’s living conditions and nutrition levels.

Directives based on Gandhian Principles

• Article 40: Village panchayats would be organized by the State as units of self-government.
• Article 43: In rural areas, the State will work to support individual or cooperative cottage industries.
• Article 43B: To encourage cooperative societies’ voluntary establishment, independent operation, democratic governance, and expert management.
• Article 46: The State shall advance the economic and educational interests of the underprivileged groups within society, especially the Scheduled Castes (SCs), Scheduled Tribes (STs), and other underprivileged groups.
• Article 47: The State shall take action to promote public health and forbid the use of drugs and alcohol that are harmful to the body.
• Article 48: Prohibiting the killing of milch and draught livestock, including cows and calves, and enhancing their.

Directives based on Liberal-Intellectual Principles

• Article 44: Ensures a Uniform Civil Code for citizens.
• Article 45: Provides early childhood care and education until six years old.
• Article 48: Organizes modern agriculture and animal husbandry.
• Article 48A: Protects and improves the environment and safeguards forests and wildlife.
• Article 49: Protects monuments of artistic or historic interest.
• Article 50: Separates judiciary from executive in public services.
• Article 51: Establishes international peace and security by maintaining just relations, respecting international law, and promoting arbitration.

Amendments in Directive Principles of State Policy (DPSP):

• 42nd Constitutional Amendment, 1976: It added new guidelines and made certain revisions to Part IV of the Constitution.
• Article 39A: To give the underprivileged free legal assistance.
• Article 43A outlines the guidelines for workers’ involvement in industry management.
• Article 48A: Encouraging environmental improvement and protection.
• The 44th Amendment to the Constitution, 1978: “The State in particular shall strive to minimize economic inequalities in income and eliminate inequalities in status, facilities, and opportunities not only among individuals but also among groups.
• The Right to Property was removed from the list of fundamental rights.
• The 86th Amendment Act of 2002 amended Article 45’s scope and established basic education as a fundamental right under Article 21 A.

Conflicts Between Fundamental Rights and Directive Principles of State Policy (DPSP)

• Champakam Dorairajan v the State of Madras (1951): The Supreme Court decided in this case that the Directive Principles would take precedence over the Fundamental Rights in the event of a conflict.
  • It stated that the Directive Principles must operate as a subordinate body inside the Fundamental Rights.
  • It further held that constitutional amendment legislation passed by the Parliament could modify the Fundamental Rights.
• Golaknath v the State of Punjab (1967): The Supreme Court ruled that the Parliament could not alter Fundamental Rights in this case, not even to implement Directive Principles.
  • It was in conflict with the ruling in the “Shankari Parsad case” itself.
• The 1973 Kesavananda Bharati vs The State of Kerala case overturned the Golak Nath ruling, stating that Parliament can amend Constitution sections but cannot alter its “Basic Structure.”
  • Article 31—the Right to Property—was removed from the list of fundamental rights.
• The Minerva Mills v. Union of India (1980) case affirmed that Parliament can modify Constitutional provisions, but not the “Basic Structure” of the document.

Implementation of Directive Principles of State Policy (DPSP): Associated Acts and Amendments

• Indian Land Reforms and Labor Reforms
  • Abolition of intermediaries like zamindars, jagirdars, inamdars, etc.
  • Tenancy reforms like security of tenure, fair rents, etc.
  • Imposition of ceilings on land holdings.
  • Distribution of surplus land among landless labourers.
  • Cooperative farming.
• Labour Reforms
  • Minimum Wages Act (1948), Code on Wages, 2020.
  • Contract Labour Regulation and Abolition Act (1970).
  • Child Labour Prohibition and Regulation Act (1986), renamed as the Child and Adolescent Labour Prohibition and Regulation Act, 1986 in 2016.
  • Bonded Labour System Abolition Act (1976).
  • Mines and Minerals (Development and Regulation) Act, 1957.
  • Maternity Benefit Act (1961) and Equal Remuneration Act (1976).
• Panchayati Raj System: The 73rd Constitutional Amendment Act, 1992, enacted the government’s constitutional obligation by introducing a three-tier Panchayati Raj System at Village, Block, and District levels across the country.
• Cottage Industries: The government has established various boards, including the Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, and Coir Board, to support and promote cottage industries under Article 43.
• Education: The government has implemented provisions for free and compulsory education, including the Rights to Education Act 2009, which has made Elementary Education a fundamental right for children aged 6-14, as per Article 45.
• Rural Area Development: Launch of programmes like the Community Development Programme (1952), Integrated Rural Development Programme (1978-79), and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-2006).
• Health: Central Government sponsored schemes like Pradhan Mantri Gram Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM).
• Environment: Enactment of the Wildlife (Protection) Act, 1972, the Forest (Conservation) Act, 1980, and the Environment (Protection) Act, 1986.
• Water and Air Pollution Control Acts: Establishment of the Central Pollution Control Board.
• Heritage Preservation: The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958) protects national importance monuments, places, and objects.