Chapter two

• The Fundamental Rights were incorporated in the Constitution according to the suggestions of Rights Sub-committee of the Constituent Assembly
• The Sub-committee gave suggestions on Directive Principles of State Policy
• There was a debate in the Constituent Assembly on whether the rights should be divided into two parts – justiciable and non-justiciable or Fundamental Rights and Directive Principles of State Policy
• Directive Principles of State Policy provide directives or instructions to the state to introduce policies about the welfare of different sections of society
• Four members of the Constituent Assembly played a decisive role in framing Directive Principles of State Policy: B.N. Rau, A.K. Ayyar, B.R. Ambedkar, and K.T. Shah
• The origin of Directive Principles of State Policy can be traced to the Karachi Resolution, socialist, and nationalist ideas in India from the 1920s
• The Sapru Committee suggested that rights should be divided between justiciable and non-justiciable parts
• Provisions of Directive Principles of State Policy were borrowed from the Irish constitution
• The inclusion of provisions about the state's role in social and economic development of society was not exceptional to India
• Hindu outlook and Gandhian ideas influenced the decision to include provisions of social, economic, and political development of people
• The Constituent Assembly included Directive Principles of State Policy in Part IV of the Constitution
• Directive Principles of State Policy – Part IV Articles

  • 36. Definition of the State
  • 37. Application of the principles contained in this part
  • 38. State to secure a social order for the promotion of welfare of the people
  • 39. Certain principles of policy to be followed by the State
  • 39 A. Equal Justice and free legal aid
  • 40. Organization of village panchayats
  • 41. Right to work, to education and to public assistance in certain cases
  • 42. Provisions for just and humane conditions of work and maternity relief
  • 43. Living wages, etc., for workers
  • 43 A. Participation of workers in the management of industries
  • 43 B. Promotion of co-operative societies
  • 44. Uniform civil code for the citizens
  • 45. Promotion for early childhood care and education to children below the age of six years
  • 46. Promotion of educational and economic interests of Scheduled Castes, Schedules Tribes and other weaker sections
  • 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health
  • 48. Organization of agricultural and animal husbandry
  • 48 A. Protection and improvement of environment and safeguarding of forests and wildlife
  • 49. Protection of monuments and places and objects of national importance
  • 50. Separation of Judiciary from Executive
  • 51. Promotion of international peace and security
• Durga Das Basu classifies the Directive Principles of State Policy into three groups: certain ideals expected the state to achieve, certain directions to the Legislatures and the Executive, and certain rights of the citizens not enforceable by the Courts but implementable by the state through legislative and administrative policies
• Other articles in the constitution enjoining on the state the task to make certain policies for people and non-justiciable in nature

  • Articles 335, 350A, 351
• Articles 335, 350A, and 351 are non-justiciable in nature
• Article 335 states that claims of Scheduled Castes and Scheduled Tribes shall be considered in appointments to services and posts in connection with affairs of the Union of a State
• Article 350A requires every state and local authority to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups
• Article 351 enjoins the Union to promote the spread of Hindi language and develop it as a medium of expression of all elements of the composite culture of India
• Since Independence, various central state and governments in India have enacted several acts, launched schemes and programmes, and set up commissions according to Directive Principles of State Policy
• The Planning Commission aimed to bring about social and economic equity and justice through its Five-Year Plans
• Introduction of land reforms in several states, including Zamindari Abolition, tenancy reforms, ceilings on land holdings, and cooperative farming, reduced inequalities in rural society
• The government introduced measures to help underprivileged sections, including protection of interests of the poor, abolition of child labour, protection of women's interests, protection of wildlife and conservation of forests, development of cottage industries, protection of ancient monuments, and archaeological sites
• Reservations have been given to SCs, STs, and OBCs in government jobs and political institutions
• Laws have been enacted for protection of civil rights and prevention of social exploitation
• Establishment of village panchayats and reservations for weaker sections has empowered them
• Programmes like Community Development Programme, Hill Area Development Programme, Minimum Needs Programme, IRDP, MNREGA, and NRHM have resulted in social and economic inclusion of people
• Article 37 explains that DPSPs are not enforceable by any court, but the principles are fundamental in the governance of the country
• DPSPs have educative value, political justifiability, and help in the interpretation of statutes and determination of the scope of Fundamental Rights
• DPSPs are forerunners of the U.N. Convention on Right to Development and are imbedded as an integral part of the Constitution
• Though non-justiciable, DPSPs are justiciable by themselves
• DPSPs are forerunners of the U.N. Convention on Right to Development


  They are imbedded as an integral part of the Constitution and now stand elevated to inalienable fundamental human rights
• DPSPs are non-justiciable but justiciable by themselves
• Classification of Directive Principles of State Policy

  • Socialistic Principles
  • Gandhian Principles
  • Liberal-Intellectual Principles
• Details of the three types of DPSPs

  • DPSP - Socialistic Principles
  • DPSP - Gandhian Principles
  • DPSP - Liberal-Intellectual Principles
• DPSP - Socialistic Principles


  • They aim at providing social and economic justice and set the path towards the welfare state
• DPSP - Socialistic Principles

  1. Promote the welfare of the people by securing a social order through justice—social, economic and political— and to minimise inequalities in income, status, facilities and opportunities

  2. Secure citizens' right to adequate means of livelihood, equitable distribution of material resources, prevention of concentration of wealth, equal pay for equal work, preservation of health and strength of workers and children, opportunities for healthy development of children, promote equal justice and free legal aid to the poor, in cases of unemployment, old age, sickness and disablement secure citizens' right to work, education, and public assistance, make provision for just and humane conditions of work and maternity relief, secure a living wage, a decent standard of living, and social and cultural opportunities for all workers, take steps to secure the participation of workers in the management of industries, raise the level of nutrition and the standard of living of people, and improve public health
• DPSP - Gandhian Principles


  • Based on Gandhian ideology, they represent the programme of reconstruction enunciated by Gandhi during the national movement
• DPSP - Gandhian Principles


  Organise village panchayats, promote cottage industries, promote formation and functioning of co-operative societies, promote educational and economic interests of SCs, STs, and other weaker sections of society, protect them from social injustice and exploitation, prohibit consumption of intoxicating drinks and drugs, prohibit slaughter of certain animals, improve their breeds
• DPSP - Liberal-Intellectual Principles


  • Reflect the ideology of liberalism
• DPSP - Liberal-Intellectual Principles


  Secure a uniform civil code, provide early childhood care and education, organise agriculture and animal husbandry, protect monuments and objects of national importance, separate judiciary from the executive, promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, encourage settlement of international disputes by arbitration