Constitutional Reference: Part IV, Articles 36–51, Indian Constitution
Borrowed from the Constitution of Ireland, which in turn was influenced by the Spanish Constitution.
The Irish Constitution provided 7 articles, and India adapted similar provisions for socio-economic governance.
Instrument of Instructions: Direct the government on socio-economic goals.
Guidelines for Law-making: Help in framing laws but cannot be enforced in courts.
Non-justiciable: DPSPs are non-enforceable in a court of law, unlike Fundamental Rights.
Aim: Ensure socio-economic justice and establish India as a welfare state.
Fundamental to Governance: The Constitution itself declares them fundamental to the governance of the country.
Scholar | Comment on DPSPs |
---|---|
K.C. Wheare | “A manifesto of aims and aspirations” |
K.T. Shah | “Pious superfluities, a cheque on a bank, payable only when the resources of the bank permit” |
Nasiruddin | “No better than the New Year’s resolution which is broken on the second of January” |
T.T. Krishnamachari | “A veritable dustbin of sentiments” |
DPSPs aim to guide the state in promoting social, economic, and political justice.
They are different from Fundamental Rights: FRs are justiciable; DPSPs are non-justiciable.
Serve as ideals to achieve a welfare state and socio-economic equality.
Scholars often viewed them as aspirational but difficult to enforce, yet they remain crucial for policy-making.
Definition: These principles aim to promote social, economic, and political justice, and to reduce inequalities in wealth, status, facilities, and opportunities.
Article | Provision |
---|---|
38 | Promote welfare of the people by securing a social order through justice (social, economic, political) and minimizing inequalities in income, status, facilities, and opportunities. |
39 | Secure citizens: • Right to adequate means of livelihood for all • Equitable distribution of material resources for common good • Prevention of concentration of wealth and means of production • Equal pay for equal work for men and women • Preservation of health and strength of workers & children against abuse • Opportunities for healthy development of children |
39A | Promote equal justice and free legal aid to the poor |
41 | Secure citizens: • Right to work • Right to education • Right to public assistance in cases of unemployment, old age, sickness, or disablement |
42 | Make provision for just and humane conditions of work and maternity relief |
43 | Secure a living wage, decent standard of living, and social/cultural opportunities for all workers |
43A | Take steps to secure the participation of workers in the management of industries |
47 | Raise the level of nutrition and standard of living of people and improve public health |
Definition: Based on Gandhian ideology, reflecting Gandhi’s programme of reconstruction. Focuses on rural development, cottage industries, cooperative societies, protection of weaker sections, and ethical living.
Article | Provision |
---|---|
40 | Organise village panchayats and endow them with powers for self-government |
43 | Promote cottage industries on individual or cooperative basis in rural areas |
43B | Promote voluntary, autonomous, democratically controlled cooperative societies with professional management |
46 | Promote educational and economic interests of SCs, STs, and weaker sections; protect them from social injustice and exploitation |
47 | Prohibit consumption of intoxicating drinks and drugs injurious to health |
48 | Prohibit slaughter of cows, calves, and other milch/draught cattle; improve their breeds |
Definition: Reflect liberal ideology, focusing on individual rights, scientific development, and rule of law.
Article | Provision |
---|---|
44 | Secure a uniform civil code throughout the country |
45 | Provide early childhood care and education for all children until age 6 (86th Amendment made elementary education a fundamental right under Article 21A) |
48 | Organise agriculture and animal husbandry on modern and scientific lines |
49 | Protect monuments, places, and objects of artistic/historic importance declared nationally important |
50 | Separate the judiciary from the executive in the public services of the State |
51 | Promote international peace and security; maintain just and honorable relations between nations; foster respect for international law and treaty obligations; encourage settlement of international disputes by arbitration |