• During the period of independence, India heavily incorporated most of its governance features from already established democracies all across the world, due to the naïve status with its new ’emerging democracy’ status. In this manner, India had also certain basic principles of governance that it wanted the country to be governed by. Out of these, a country governed partly by socialist principleswas agreed upon as the makers of the constitution were in consensus ad idem on the notion that democracy took care of its citizens in every possible manner. In this manner, India had borrowed the Directive Principles of State Policy (hereinafter referred to as DPSP) from 
• These directive principles have been enshrined in Part IV of the Indian Constitution and it aims to maintain a delicate balance between individualistic and socialist principles of the country. These principles give India the title of a welfare stateunder the constitution-makers who believed that a true balance as well as development, can only be achieved when the public sector, that is, the state, is given more space and opportunities to act in a way that benefits the people.  
• However, true to its name, DPSP is mere directives that the state needs to take into consideration when making legislative and administrative decisions regarding the country. They are not legally enforceable in a court of law if any state fails to follow through with them. That does not stop the Indian judiciary by making it clear that these principles form one of the basic guidelines that every state is supposed to adhere to.
• DPSP are principles that do not have any legal backing or enforceability. The reason behind which they are still enshrined in the constitution even with their non-justiciablecharacter is that these guidelines reflect the spirit and aim to obtain the ultimate ideals of the preamble of the Constitution. DPSP was created to have a basis for the successful execution of the four pillars of the Indian Constitution – Justice, Equality, Liberty, and Fraternity. Justice in all forms, especially, is the main purpose of the DPSP. The makers thought that justice can be achieved by the birth of a welfare state that was solely devoted to the people of the country which was absent during the pre-independence era.

Another reason for DPSP being non – justiciable could be the following:

1. The newly independent Indiawould not have been able to take the mounting pressure of following through with all these principles right after its birth. 
2. During the pre-independence as well as the post-independence era, there is a lack of proper resources needed for the successful execution of these guidelines. This might have been because of an imbalance between the population and the necessary resource. 

Features of Directive Principles of State Policy.

1. The Phrase ‘Directive Principles of State Policy’ denotes the ideals to be considered while forming the policies and statutes for governance. These are like guidelines or recommendations or instructions for forming the laws and legislatures. These need to be kept in mind by all the authorities under the meaning of ‘State’ defined in Fundamental Rights.
2. The Directive Principles of State Policy are similar to the concept of ‘Instrument of Instructions’ contained in the Government of India Act of 1935 which were recommendations for Governor-General and other Governors of the colonies by the British Government. The only difference is that they are for legislatures and are recommended by the Constituent Assembly.
3. These are comprehensive guidelines for Socio-Economic and political guidelines for the idealistic democratic State which was not possible at the time of Independence but seek to achieve high ideals of justice, liberty, equality and fraternity on which pillars of Indian Democracy stands. The concept of welfare state needs to be achieved in contrast to the police state as it was under British.
4. These principles are non-justiciable in nature, means these cannot be legally enforced in a court of law against government. However, Article 37 of the Constitution itself says that these are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
5. Although these a non- justiciable in nature, they immensely help the court in determining the constitutional validity of the law. The Supreme Court many a time seeks to enforce Directive Principles till justice is done.

Article 36

As Part IV talks about the principles that a state needs to follow for proper governance, this article explains what a state is. It holds the same meaning as a state does under Part III of the Constitution. A state, therefore, consists of the following:

1. The Central Government and the State Governments,
2. The Parliament at the Centre and the different state legislatures,
3. Any other local body or authority that is under the control of India or is a part of its territory.

In the case of Rajasthan State Electricity Board v. Mohan Lal, 1967 AIR 1857, 1967 SCR (3) 377, it was held by the court that the term other authorities under the definition of a state can be extended to any and every organ that is created by the Constitution or a statute or any other law provision and that it cannot be restricted to bodies that only execute government functions. 

Article 37

This article talks about the non-enforceable nature of the Directive Principles of State Policy. DPSP cannot be enforced in a court of law; however, it does not mean that the states do not have a duty to follow through with the principles. 

In the case of Akhil Bharatiya Soshit Karamchari Sangh v. Union of India, (1981) 1 SCC 246, the court highlighted the major differences between the Fundamental Rights guaranteed under Part III of the Constitution and the Direction Principles under Part IV. The court said that the main goal of Part III is to provide political freedom to the citizens by way of preventing excessive state control over individuals. This freedom will only hold value if the citizens can exercise these rights before the judiciary. On the other hand, the main aim of Part IV is to ensure some economic and state freedom by suitable state actions. They are mere guidelines that the states are supposed to consider throughout their governance. It is therefore clear that DPSP, because of its very nature, cannot be made enforceable in a court of law. Again, the court emphasized that their non-enforceability does not do make them any less important than the Fundamental Rights. 

Composition of the DPSP

The principles are contained in Articles 36 to 51, which makes up for Part IV of the Constitution of India. The DPSP can be said to have broadly been divided based on three principles – Socialist, Gandhian, and Liberal principles. Socialist principles are ones that focus on justice and equality in the society, Gandhian principles are ones that focus on rural reconstruction and national development and Liberal principles are ones that focus on freedom and separation of individuals and organs in the society that will lead to a developed as well as a globalized nation. 

1.   Socialist Principles

Freeman and slave, patrician and plebeian, lord and serf, guild-master and journeyman, in a word, oppressor and oppressed, are now on equal footing in the eyes of the law but there were huge inequalities in the society, to curb these social Hierarchical problems, the Constituent assembly wants to achieve Socialist State and for this they included the following Articles of the Constitution that reflects the ideology of Socialism.

1. Article 38:The current article is the one that reflects the characteristics embedded in the Preamble of the Constitution, especially Justice and Equality. Sub-clause (1) states that the ultimate goal of the DPSP is to secure justice in all forms – social, political, and economic, across the country. Subclause (2) talks about how the state has to ensure that there are low to nil inequalities among the public with relation to income, facilities, and services, opportunities, etc. The 44^th Amendment Act in the year 1978 expanded sub-clause (2) to state that efforts should be made to reduce inequalities not only among individuals but also among different groups of people residing in different areas of the country. This particular article shows the socialist status of the DPSP in which the main characteristic of a state is that it is societal -welfare-oriented. 

The concept of livelihood also came into question before the court about A.38. In the case of S. Subramaniam Balaji v. the State of T.N., (2013) 9 SCC 659, the court stated that the concept of livelihood has changed from the previous good food, clothing, and shelter, to also encompass medicines, transport, preliminary education, etc. 

2. Article 39: This article lays down some basic and general principles that the DPSP proclaims. They are the following:
3. Presence of equal means to a sufficient livelihood. Livelihood, as mentioned in the case of  Subramaniam, consists of food, clothing, medical facilities, education, etc. 
4. Ownership and authority over material resources should be distributed in a utilitarian manner. 
5. There should not be any concentration of wealth in the hands of a few people/groups of people that might result in a detriment of the common good of the public. 
6. Presence of equal pay for equal work done, no matter if it is a man, a woman, or any other gender. 
7. The health as well as the strength of the public workers that can be man, woman, child, etc. should not be abused. The people should not be compelled to enter into vocations that are not suitable for either their age or strength simply by economic necessity. 
8. As inserted by the 42^ndAmendment, the state should ensure that children have a healthy environment around them for their holistic growth and development into able adults in the future. 

Though given under A.39(d) of the Constitution, the concept of equal pay for equal work is not enforceable under a court of law. As stated in the case Harbans Lal v. the State of H.P., (1989) 4 SCC 459, this principle is not enforceable as a separate fundamental right. It can only be read with articles 14 and 16 of the Constitution that are subjected to certain conditions. 

Article 39A: It will the duty of the state to secure equal justice and to provide equal access to justice, a system of free legal aid for economically backward class people, so justice is denied to none

3. Article 41:  The State plays the role of a welfare government under this Article by focusing on the parts of society that needs its help to flourish. Therefore, issues such as unemployment, food scarcity, old age, disability, etc. are looked after by the government through schemes and programs such as MGNREGA, Pension schemes, Social assistance programs, etc. The state also ensures that adequate education and job opportunities are available to the best of its current economic abilities. 
4. Article 42: It is the duty of the state to ensure just and humane conditions in the workplace and provisions for maternity relief.
5. Article 43: State will ensure a living age to industrial, agriculture workers and ensure decent workplace to work and to promote cottage industries on an individual or co-operative basis in rural areas.
6. Article 47:  This article brings about the duty of the state to ensure that thecountry has moderate to high standards of nutrition and public health. Steps need to be taken by the state to provide nutrition to the poor and deserving, and also to prohibit or limit the consumption of drinks and drugs that are injurious to public health. Through these steps, the state tries to promote the standard of living of people in the country. Programs such as the mid-day meal scheme, National Health Mission, etc. are already in function to achieve these objectives. 

These Articles are embedded keeping in mind to achieve the Socialist nature of Society in mind. However, only a few of them are achieved and the Government is still struggling to make them a reality.

2.   Gandhian Principles

As the name suggests these Principles are based on the ideology of Gandhi. In order to fulfil the dreams of Gandhi and to achieve Gandhian State, these articles were included in the constitution. These are the following articles.

1. Article 40: The steps will be taken by the states to organize village panchayats and there will be decentralisation of power and authority, in order to form self-government.
2. Article 43:This goes back to the fair and equal wages principle under A.39 (d). The state, under this article, states that the wages and salaries of people working in any kind of job – agricultural, industrial, etc. should be fair and enough to provide them with a decent standard of living and be able to enjoy the luxuries of their lives. In particular, under this article, the state should give more focus and help to the cottage industries of the country either on its own or on a co-operative basis. The 97^th Amendment Act of 2011 has inserted  43 B so that the state would also promote the co-operative societies on their formation and functioning.

Article 43B: To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

3. Article 46:This article is about the protection of the minority and weak communities of the country such as the SCs, STs, etc. against any exploitation. As they are the weaker sections of the society, they may find it more difficult to prosper as compared to their counterparts. Therefore, the state needs to ensure that they are received with enough care and adequate economic and educational opportunities are also available to them. 
4. Article 47:The state shall work in raising the level of nutrition and standard of living of its people  To raise the level of nutrition and the standard of living of people and to improve public health.
5. Article 48:Organization of agriculture and animal husbandry on the basis of scientific lines and steps in preserving and improving the breeds, prohibiting the slaughter of cows, calves and other milch and draught cattle.

3.   Liberal-Intellectual Principles

The liberalism ideology stands for the freedom and autonomy of an individual. These principles are included keeping in mind the ideology of Liberalism. These are:

1. Article 44:This article is quite controversial in its time. According to this article and according to the case of  Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556: 1985 SCC (Cri) 245, the state should endeavor to secure a uniform civil code (UCC) to all citizens throughout the territory of India. It means that there would be one law that would apply to all the various diverse communities and religions of India with regards to civil matters such as marriage, divorce, property, etc. However, many religious communities protested against UCC as they believe that it would lead to a violation of their fundamental right to freedom of religion under A.25 of the Constitution. These communities do not want to let go of their laws of practicing religion. 
2. Article 45: The current article was inserted by the 86^thThis article talks about the right of children to obtain compulsory and free pre-school education up to 6 years of age for their holistic growth and development. It shall also provide free and compulsory education up to 14 years of age within which the child would have basic education to survive.
3. Article 48:The current article talks about the need of the state to engage in the promotion of agriculture and animal husbandry through scientific lines and methods. Through this manner, the state shall also ensure that unnecessary slaughtering of cows, calves, and other milch and draught cattle is prohibited as well as take scientific steps to improve the breeds of the cattle. In the case of State of Gujarat v. Mirzapur Jamat, (2005) 8 SCC 534, the court had held that the term ‘milch and draught cattle’ was used to distinguish other kinds of cattle that neither belong to milch or draught. It is simply a form of classification. 

Article 48 A talks about the protection and safeguard of the environmental surroundings as well as the flora and fauna of nature. In the case of Municipal Corpn. Of Greater Mumbai v. Hiraman Sitaram Deorukhar, (2019) 14 SCC 411, the court had held that preservation and protection of open spaces such as parks are of vital interest to the public. The state authorities are dutybound to act in trusteeship for common spaces such as air, water, forests, etc. 

4. Article 49:it is the obligation of the state to protect every monument or place or object of artistic or historic interest declared under law as a monument of national importance.
5. Article 50:To separate the judiciary from the executive in the public services of the State. In the case of P Gupta v. Union of India, 1981 Supp SCC 87, the court had reiterated the importance of the independence of the judiciary from executive pressure and influence. 
6. Article 51:The last directive principle is about the international dealings of the state. According to it, the state’s main international aim is to maintain and preserve peace and security across borders, foster healthy relationships with other states, respect international law and other treaty obligations with another state, etc. 

New Directive Principles

The best feature of our constitution that it is a living being and keeps on evolving. Changes have taken place in directive principles and major changes were by the 42nd Amendment Act of 1976 which added four new principles for the first time. These were:

1. Article 39:Additional clause was added to secure opportunities for the healthy development of children and to respect the dignity and freedom of children.
2. Article 39 A:It will the duty of the state to secure equal justice and to provide equal access to justice, a system of free legal aid for economically backward class people, so justice is denied to none.

In the case of Anokhilal v. State of M.P., (2019) 20 SCC 196, the court reiterates the fact that the right to a free legal service is an inalienable right of every Indian citizen. The court also stated that the state is duty-bound to provide a lawyer to an accused person if circumstances of the case and needs of justice so require such as poverty, indigence, etc. as long as the accused does not object to the provision of providing a lawyer.

3. Article 43 A:Steps taken to ensure that participation of workers in the management of undertakings, establishments, or any other organization of the industry.
4. Article 48 A:To protect and improve the environment and to safeguard forests and wildlife.

The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities which was inserted in Article 38.

It is not that only new Directive Principles are added but these Directive principles are promoted in the category of fundamental rights, it happened by 86th Amendment Act of 2002 which made elementary education a fundamental right under Article 21A.

Again in 2011 with the help of 97th Amendment added Directive Principles related to Co-operative Societies under Article 43B.

Importance of Directive Principles of State Policy

• The Constitution itself under Article 37 declares that these are fundamental in the Governance of the country. Dr B.R. Ambedkar embarked that Directive Principles have great value because they lay down the goals of Indian Polity is ‘economic democracy’ as distinguished from ‘political democracy’.
• Dr B.R. Ambedkar had pointed out that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’.
• Further, Granville Austin opined that the Directive Principles are ‘aimed at furthering the goals of the social revolution or to foster this revolution by establishing the conditions necessary for its achievement’. Sir B N Rau, the constitutional advisor to the Constituent Assembly, stated that the Directive Principles are intended as ‘moral precepts for the authorities of the state. They have at least an educative value.’

1. Directive Principles are non-justiciable but these are backed by vox populi (voice of the people), which is the real sanction behind every law in reality.
2. DPSP gives the philosophical foundations of a welfare system. These principles makes it a responsibility of the State to secure it through welfare legislation.
3. Their nature is more of moral ideals. They constitute a moral code for the State but this does not reduce their value as moral principles are very important and the absence of it may hamper the growth of a society. A state is run by its people and the Government is always formed and managed by them, so it’s really important to have a set of standards for making laws in the country.
4. Directive Principles act as a guide for the government which helps them in making policies and laws for the purpose of securing justice and welfare in the State.
5. DPSP are like a source of continuity in the Governance of the country because in a democratic system, the Governments change after regular elections and every new government makes different policies and laws for the country. The presence of such guidelines is really important because it ensures that every Government will follow the set of principles in the form of DPSP while formulating its laws.
6. Directive Principles can be called as the positive directions for the State which helps in securing social and economical dimensions of democracy. DPSP are supplementary to Fundamental Rights which offers political rights and other freedoms. They both are nothing without each other as one provides social and economic democracy and the other, political rights.
7. Directive Principles of State Policy make it possible for people to measure the worth of a government and its working. A Government which doesn’t consider these principles can be rejected on this ground by the people in favour of a government which gives due importance to the task of securing these Directive Principles in the state.
8. The Directive Principles constitute a manifesto of a Nation. These reflect the ideas and views which were there in the mind of the drafters while drafting the constitution. These reflected the philosophy behind the making of the Constitution and hence provide useful information to the courts in interpreting the existing provisions in the Constitution and in coming up with better laws and policies.
9. The Directive Principles do not seem to be very rigid in their meanings and this helps the State in interpreting and applying these principles in accordance with the  situation prevailing at a given time.

Thus, the inclusion of Part IV which contains the Directive Principles of State Policy proved to be very useful for the country. The Directive Principles provide good foundations for welfare state. The securing of Directive Principles helped in completing the requirements of a democratic system. It supplemented the Fundamental Rights of the people and built a State characterized by these four pillars – Justice, Liberty, Equality, and Fraternity. 

Implementation of Directive Principles of State Policy

There are some acts and policies from 1950 onwards which had been implemented to give effect to these Directive Principles. They are as follows:

• The Minimum Wages Act (1948)
• Child Labour Prohibition and Regulation Act (1986)
• The Maternity Benefit Act (1961)
• Equal Remuneration Act (1976)
• Handloom Board, Handicrafts Board, Coir Board, Silk Board, etc. have been set up for the development of cottage industries in the country.
• Integrated Rural Development Programme (1978)
• Jawahar Rozgar Yojana (1989)
• Swarnajayanti Gram Swarozgar Yojana (1999)
• Sampoorna Gram Rozgar Yojana (2001) 
• Mahatma Gandhi National Rural Employment Guarantee Programmes (2006) 
• The National Forest Policy (1988)
• Article 21-A was inserted by the 86th amendment, making free education for children below the age of 14 compulsory. 
• Prevention of Atrocities Actsafeguarding the interests of SCs and STs.
• Several Land Reform Acts.

DPSP and Fundamental rights

Fundamental Rights are described as the basic rights guaranteed to every citizen of the country under the constitution. They are present in Part III of the Constitution which ensures some rights to all its citizens so that they can live their lives peacefully. They help in checking the activities of the Government so that it cannot curtail any of the basic rights granted by the Constitution in the form of Fundamental rights.

Fundamental Rights apply to all the citizens without any form of discrimination on the basis of race, caste, creed, sex, place of birth, etc. Violation of the fundamental rights may lead to punishment and can initiate proceedings against the government if it tries to curtail them.

There are six fundamental rights of Indian Constitution along with the constitutional articles related to them are mentioned below:

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Directive Principles of State Policy are some important guidelines given to the government so that it can work accordingly and refer to them while formulating the laws and policies, and to build a just society. 

These principles are mentioned in Part IV from Article 36 to 51 of the Constitution.

Directive Principles are non-justiciable. However, these are recognized as an important roleplayer in governing the State. These principles aim at creating such an environment, which can help the citizens to live a good life where peace and harmony prevails.

The directive principles conjointly gauge the performance of the state, in order to achieve the objectives stated in the preamble of the Indian Constitution.

Comparison between DPSP and Fundamental rights

The conflict between DPSP and fundamental rights

Fundamental Rights and the DPSP are supplementary to each other and are essential to meet the social and economic dimensions of a democratic government.

The conflict between Fundamental Rights and DPSP often arises as sometimes it has been seen, by various legislations, that DPSP have wider scope than the Fundamental Rights. The Fundamental Rights are the rights which are enforceable by the Courts and any law that is in contravention to the provisions mentioned in Part III are ultra vires. 

On the other hand, the DPSP are not enforceable in any Court of Law and nothing can be declared as void merely because it is against the provisions given under the DPSP.

In the case of State of Madras v. Champakam, the Supreme Court held the Fundamental rights are superior to the DPSP saying that the Fundamental Rights under Part III prevails over DPSP in case of any conflict between them.

In the landmark judgment given by the Supreme Court in the Golak Nath case, it was held that the provisions mentioned under Part III as Fundamental Rights cannot be undermined just to implement the provisions given under Part IV which enlists some important guidelines for the State in the form of the DPSP.

The Constitution was amended in the year 1971 and through this amendment, Article 31C was incorporated in the Constitution. It confers wider importance on the DPSP. 

In the Minerva Mills case, the Supreme Court restricted this wide scope which was conferred on the DPSP under Article 31C by making the following changes:

• It restored Article 31C to its pre-1976 position. A law would be protected by Article 31C only in the case if it has been made to implement the Article 39 (b) and Article39 (c) of the DPSP and not any of the other directive included in Part IV.
• There is a fine balance in the Constitution between the DPSP and the Fundamental Rights, which should be adhered  by the Courts without placing any of them as superior. 

Criticism of Directive Principles of State Policy

The Directive Principles have been severely criticized several times. Some of the major criticisms are concluded as follows.

1. No Legal Force:one of the prominent criticisms of Directive Principles is that they are non-justifiable in nature. K.T. Shah compared these with “a cheque on a bank, payable only when the resources of the bank permit”. In the words on Nasiruddin, these principles are ‘no better than new year’s resolutions, which are broken on the second of January’. However, the legislators have created laws to implement these Directive Principles but no action is being taken against the Uniform Civil Code which has been long-standing demand.
2. Illogically Arranged:In one of the opinions, the criticism is that these are illogically arranged and are not based on any consistent philosophy or logic. In the words of N Srinivasan, ‘the directives are neither properly classified nor logically arranged. The declaration mixes up relatively unimportant issues with the most vital economic and social questions. It combines rather incongruously the modern with the old and provisions suggested by the reason and science with provision purely on sentiment and prejudice’.
3. Conservative:Sir Ivor Jennings criticizes them as the Directives are based on the British political philosophy of the 19th Century. He remarked ‘The ghosts of Sydney Webb and Beatrice Webb stalks through the pages of the text. Part IV of the constitution expresses Fabian Socialism without socialism’. These are based on old age philosophy of state which doesn’t represent 20th Century ideology.
4. The constitutional conflict between centre and state: Some people think that these principles are not compatible with a federal system of government where the centre has the final decision powers. The state has no control over its policies, laws, and other essential and fundamental state items. The Centre has full control over all aspects of life in this country and even over Constitution itself. So principles cannot be applied to check any part of state policy or law-making by the state.

Thus, directive principles also result in conflicts between:

• Centre and state government 

• Prime Minister and President of India 

• The chief minister and state government of India 

The Central Government provides instructions to the state government regarding implementing principles. But in case of non-compliance, the state government cancelled this implementation, resulting in a constitutional conflict between the centre and state government. 

5. Lack of clarity: These principles are often criticised for being very vague and open to interpretation, leading to widely different meanings and interpretations. They are difficult to interpret and cause confusion among different constitutional jurists and the general public. The Indian courts have tried to apply the directive principles in specific cases, but it is difficult to ascertain what problems they should address. The principles themselves have been interpreted differently by different courts in India, leading to huge confusion among the people and in policymaking.
6. Reactionary in Nature: Most state governments had criticised these policies as having a reactionary nature. Although, they have alleged that the political person in power can use these directive principles for his benefit. Along with this, the process of enumeration of these principles needed unnecessary binding of the present policies with the past. It makes the principles very complicated and hard to understand, making the implementation of Directive Principles of State Policy very difficult.
7. The Directive to push international peace and friendly relations among all the nations is just a declaration but the real issue is the securing part of it for which nothing has been given.
8. Part IV includes some directives which are not complete in actual observation. The ideal is to introduce liquor prohibition but this ideal cannot be really and effectively realised. The states which introduced prohibition had to scrap it later on.
9. Many critics hold that the Preamble should also enlists all these goals which are given under DPSP and their description in Part IV has made things more complicated and complex than it was before.
10. Directive principles just create an impression about the usage of the legitimate power by the State and the motive is to gain support through promise-making and not through inaction.