Directive Principles of State Policy (Part IV — Articles 36-51)

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision before your exam.

Directive Principles of State Policy — Key Facts for BPSC

• Part IV of Constitution — Articles 36-51
• Inspired by Irish Constitution — borrowed from Irish Constitution (Article 45)
• Not enforceable in court (Article 37 — “shall be fundamental in governance”)
• 3 categories: Socialistic, Gandhian, Liberal Intellectual
• Part IV-A (Article 51A): Fundamental Duties — added by 42nd Amendment (1976)
• Conflict with FR: FR prevails (Minerva Mills case, 1980)
• Directive to state: Secure social order, raise living standards, distribute ownership

⚡ Exam tip: BPSC frequently asks: “Which is the source of DPSP?” (Answer: Irish Constitution). Also: “DPSP are not enforceable” — matches with Article 37.

---

🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

Overview of Directive Principles

Article 36-37: Definition and Application

Article 36: Defines “State” for DPSP as same as Part III (Government, Legislature, local authorities, statutory bodies)

Article 37:

“The provisions contained in this Part shall not be enforceable by any court, but the principles laid down herein are fundamental in the governance of the country.”

Key understanding:

• DPSP are non-justiciable (cannot be enforced in court)
• But they are fundamental — Parliament must keep them in mind when making laws
• State must apply these in making laws

Classification of DPSP

Category 1: Socialistic Principles (Articles 38-39)

Article 38 — Social Order:

• State shall secure social order by promoting welfare of people
• Minimise inequalities in income, status, facilities

Article 39 — Principles of Policy:

• (a) All citizens shall have equal right to adequate means of livelihood
• (b) Distribution of material resources to serve common good
• (c) Prevention of concentration of wealth
• (d) Equal pay for equal work
• (e) Protection of workers’ strength (women, children)
• (f) Childhood and youth protected against exploitation

Important: Article 39(b) — “Property to be distributed to serve common good” — led to 4th and 17th Amendments (land reforms). Struck down in Kesavananda Bharati (1973) for violating basic structure? No — Court upheld but said Parliament cannot destroy basic structure.

Category 2: Gandhian Principles (Articles 40-48)

Article 40 — Village Panchayats:

• State shall establish Village Panchayats as units of self-government
• 73rd Amendment (1992): Made this a fundamental aspect — added Part IX

Article 41 — Right to Work, Education, Public Assistance:

• State shall provide work, education, public assistance in cases of unemployment, old age, sickness, undeserved want

Article 42 — Provision for just and humane conditions of work:

• Maternity relief (paid leave, creches)

Article 43 — Living wage for workers:

• State shall ensure decent standard of living, fair wage
• Note: Different from “minimum wage” — a living wage is higher

Article 43A — Workers’ Participation in Management:

• State shall take steps for workers’ participation in management
• Added by 44th Amendment (1978)

Article 44 — Uniform Civil Code:

• State shall endeavour to secure for citizens a Uniform Civil Code throughout India
• Status: Not yet implemented — controversial
• Goa already has UCC (applicable to all except Sundays for Hindus, Muslims)

Article 45 — Provision for early childhood care and education:

• State shall provide free, compulsory education for all children below 6 years
• 86th Amendment (2002): Moved to Article 21A as Right to Education

Article 46 — Educational and economic interests of SC/ST:

• State shall promote with special care the educational and economic interests of SC/ST
• Protective discrimination: Scholarships, reserved institutions

Article 47 — Nutrition and standard of living:

• State shall raise level of nutrition and standard of living
• Public distribution system: PDS, ration shops
• Antyodaya: Anna Yojana (2000)

Article 48 — Agriculture and Animal Husbandry:

• State shall organise agriculture and animal husbandry on modern, scientific lines
• Ban on cow slaughter (proposed but not enforced uniformly)

---

🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

DPSP vs Fundamental Rights — The Conflict

The Problem

FR (Part III) is justiciable — courts can enforce DPSP (Part IV) is non-justiciable — courts cannot enforce

But what if a law made to fulfill DPSP violates FR?

The Resolution

Minerva Mills v. Union of India (1980) — Landmark Case:

• 55th Amendment (1974) added Art. 31C: “Laws implementing DPSP cannot be challenged on FR grounds”
• Challenge: Does this destroy basic structure?
• Supreme Court held:
  1. Article 31C is valid for implementing DPSP under Article 39(b) and (c)
  2. But: Basic Structure doctrine applies — Parliament cannot use this to destroy basic structure
  3. Article 368 (amending power) is itself subject to basic structure

The 42nd Amendment (1976) Controversy:

• Added Section 55 to Article 368 — gave Parliament unlimited power to amend any part
• Struck down in Kesavananda Bharati (1973) (before 42nd Amendment was passed)
• Minerva Mills (1980) confirmed: Basic structure cannot be destroyed even with DPSP

Rule: FR > DPSP. DPSP must be implemented without violating FR.

Important Cases on DPSP

Case	Year	Key Holding
Champakam Dorairajan	1951	SC struck down Tamil Nadu’s communal G.O. — FR prevails over DPSP
Madhav Khosla	2012	DPSP are guidelines, not rights — but they’re essential to understand constitutional morality
State of Karnataka v. R. C. Kunta	2017	SC held that DPSP can inform statutory interpretation
Common Cause IV	2019	Right to die with dignity — DPSP Articles 41, 47 applied

Fundamental Duties (Part IV-A, Article 51A)

42nd Amendment (1976) added Part IV-A with 10 Fundamental Duties:

1. To abide by Constitution and respect national flag, national anthem
2. To cherish and follow the noble ideals of freedom struggle
3. To protect sovereignty, unity, integrity of India
4. To defend the country (provide national service when required)
5. To promote harmony and brotherhood — renounce practices derogatory to women
6. To protect natural environment — conserve wildlife
7. To develop scientific temper, humanism
8. To safeguard public property, abjure violence
9. To strive for excellence — all-round development
10. To provide opportunities to children for education (86th Amendment)

Key Cases on Duties:

• Raghunandan Swarup v. Union of India (2015): SC refused to enforce Fundamental Duties — said “shall be enforced by law” (not by court)
• Common Cause IV: Right to die with dignity — DPSP Article 41 supports FR

Important for BPSC: Fundamental Duties are non-justiciable like DPSP — Article 51A says “shall be enforced by law” — Parliament can make law for enforcement.

DPSP Implementation: Schemes and Laws

DPSP	Implementation
Art. 39(b) — Equal distribution	Land reform laws, ceilings
Art. 41 — Right to work	MGNREGA (2005)
Art. 45 — Early childhood	Sarva Shiksha Abhiyan, Mid-day meals
Art. 43 — Living wage	Minimum Wages Act
Art. 44 — Uniform Civil Code	Bharatiya Nyaya Samhita (2023) — UCC not yet passed
Art. 46 — SC/ST welfare	SC/ST Prevention of Atrocities Act

Critical Thinking Points for BPSC

Q. Why are DPSP non-justiciable? A. Because Indian courts cannot handle policy questions. DPSP require resources, planning — judiciary cannot order the state to build schools (no enforcement mechanism). Also, India was poor — couldn’t guarantee all DPSP immediately.

Q. Can DPSP override FR? A. No — FR prevails (Minerva Mills, 1980). FR is the minimum threshold; DPSP is the aspiration.

Q. How are DPSP relevant today? A. In judicial interpretation — courts use DPSP to expand FR (e.g., right to privacy includes dignity as in DPSP Article 38).

Practice Questions (BPSC Pattern)

1. Directive Principles of State Policy have been borrowed from the constitution of:

   • (a) USA
   • (b) Ireland
   • (c) Canada
   • (d) UK

2. Which article makes DPSP non-justiciable?

   • (a) Article 36
   • (b) Article 37
   • (c) Article 38
   • (d) Article 39

3. The golden triangle of the Constitution refers to:

   • (a) Articles 14, 19, 21
   • (b) Articles 32, 37, 51A
   • (c) Articles 36, 37, 38
   • (d) Articles 39, 40, 41

4. Which case held that DPSP cannot override FR?

   • (a) Kesavananda Bharati
   • (b) Minerva Mills
   • (c) Golak Nath
   • (d) Maneka Gandhi

Answers: 1(b), 2(b), 3(a), 4(b)

---

Content adapted based on your selected roadmap duration. Switch tiers using the selector above.