DPSP UPSC Notes with PYQs

 

Looking for complete DPSP UPSC Notes? This comprehensive guide covers Articles 36-51, types of DPSPs, important amendments, Supreme Court cases, and UPSC PYQs in an easy-to-understand format for quick revision.

Directive Principles of State Policy (DPSP)

Introduction

Before Independence	After Independence
Police State	Welfare State
State controls citizens and liberties	State promotes social and economic welfare

Welfare State

• Government works for the social and economic well-being of citizens.
• Aim is to establish social and economic democracy.

Basic Information

Particulars	Details
Part	Part IV
Articles	36-51
Source	Irish Constitution (1937)
Borrowed from	Spanish Constitution (Indirectly)
Nature	Non-justiciable
Objective	Welfare State
Promotes	Social and Economic Democracy
Enforceable by Courts	No
Constitutional Advisor	Sir B.N. Rau
Called by B.R. Ambedkar	Novel Features of Constitution
Granville Austin	FR + DPSP = Conscience of Constitution

Features of DPSP

• Non-Justiciable - Cannot be enforced by courts.
• Positive Obligations - Require the State to do certain things.
• Fundamental in Governance - Article 37 makes them fundamental in governing the country.
• Constitutional Instructions - Instructions to Legislature and Executive.
• Welfare State Concept - Promote social and economic justice.
• Help Courts - Used by courts to determine constitutional validity.

• Sir B.N. Rau (Constitutional Advisor): recommended that the rights of an individual should be divided into two categories- justiciable and non-justiciable, which was accepted by the Drafting Committee.
• Resemble the Instrument of Instructions' enumerated in the Government of India Act of 1935.

Article 36 - State meaning same as in Part Ill dealing with Fundamental Rights.

Article 37 - "DPSPs are fundamental in the governance of the country and it is the duty of the State to apply them while making laws."

Why are DPSPs Non-Justiciable?

Reason	Explanation
Lack of resources	Newly independent India lacked finances
Diversity	Social and cultural diversity hindered implementation
Flexibility	Government should decide time and manner of implementation
Administrative burden	State had many priorities after independence

Why Will Governments Follow DPSPs?

• Court of People - People punish governments through elections.
• Opposition Pressure - Opposition parties raise these issues.
• Judicial Interpretation - Courts use DPSPs while examining laws.
• Political Accountability- Governments are answerable to citizens.

Classification of DPSPs

Constitution does not classify DPSPs. Scholars classify them into three categories.

DPSP
│
├── Socialistic Principles
├── Gandhian Principles
└── Liberal-Intellectual Principles

• Article 38: State to secure a social order for the promotion of welfare of the people by securing a social order permeated by justice - social, economic and political - and to minimise inequalities in income, status, facilities and opportunities.
• 44 th Amendment Act: Minimise inequality among the individuals and Society in general "
• Article 38 set to visualize the objectives whereas Article 39 prescribes the programmes necessary to ensure the objectives of Article 38

Socialistic Principles

Article	Provision
38	Welfare of people and reduction of inequalities
39(a)	Adequate means of livelihood
39(b)	Equitable distribution of resources
39(c)	Prevention of concentration of wealth
39(d)	Equal pay for equal work
39(e)	Protection of workers and children
39(f)	Healthy development of children
39A	Equal justice and free legal aid
41	Right to work, education and public assistance
42	Humane conditions of work and maternity relief
43	Living wage and decent standard of life
43A	Workers' participation in industries
47	Public health and nutrition

• Article 40 - Organization of village Panchayats and endow them with authority and powers to make them function as units of self- government 
• Article 43 - To promote cottage industries on an individual or co- operation basis in rural areas
• Article 43B - Promotion of Co-operatives Inserted by 97th Amendment Act, 2011 
• Article 46 -Promotion of educational and economic interests of SCs, STs and other weaker sections and to protect them from social injustice and exploitation
• Article 47 - To prohibit the consumption of intoxicating drinks and drugs which are injurious to health 
• Article 48 (Also Liberal-Intellectual) Organisation of agriculture and animal husbandry and prohibition of slaughter of cows, calves and other milch and draught cattle 

Gandhian Principles

Article	Provision
40	Village Panchayats
43	Cottage industries
43B	Promotion of cooperative societies
46	Welfare of SCs, STs and weaker sections
47	Prohibition of intoxicating drinks
48	Animal husbandry and cow protection

• Article 44 - Uniform civil code for the citizens 
• Article 45 - Provision for early childhood care and education of children below 6 years ,86th Amendment Act of 2002: made elementary education a fundamental right under Article 21 A.
• Article 48 - To organise agriculture and animal husbandry on modern and scientific lines
• Article 48A - 42nd Amendment Act 1976 Protection and improvement of environment and safeguarding of forest and wildlife
• Article 49 - Protection of monuments and places and objects of national importance 
• Article 50 - Separation of judiciary from the executive 
• Article 51 - Promotion of international peace and security

Liberal-Intellectual Principles

Article	Provision
44	Uniform Civil Code
45	Early childhood care and education
48	Scientific agriculture and animal husbandry
48A	Environment and forests
49	Protection of monuments
50	Separation of judiciary from executive
51	International peace and security

Newly Added DPSPs

42nd Amendment Act, 1976

Article	Provision
39(f)	Healthy development of children
39A	Equal justice and free legal aid
43A	Workers' participation in management
48A	Protection of environment

44th Amendment Act, 1978

Article	Provision
38(2)	Minimize inequalities in income and status

86th Amendment Act, 2002

Article	Provision
45	Early childhood care up to six years

97th Amendment Act, 2011

Article	Provision
43B	Promotion of cooperative societies

Fundamental Rights vs DPSPs

Fundamental Rights	Directive Principles
Source: USA	Source: Ireland
Negative obligations	Positive obligations
Justiciable	Non-justiciable
Political democracy	Social and economic democracy
Legal sanctions	Moral and political sanctions
Individual welfare	Community welfare
No legislation required	Need legislation
Courts can strike down laws	Courts cannot enforce

Sanction Behind DPSP

 A government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If any government ignores them, it will certainly have to answer for that before the electorate at the election time' 

Why DPSPs Non-Justiciable and legally non-enforceable because:=

• The country did not possess sufficient financial resources to implement them. 
• The presence of vast diversity and backwardness in the country would stand in the way of their implementation 
• The newly born independent Indian State with its many preoccupations might be crushed under the burden unless it was free to decide the order, the time, the place and the mode of fulfilling them 

Criticism of DPSPs

1. No legal Force 

• K.T. Shah dubbed them as 'pious superfluities' and compared them with 'a cheque on a bank, payable only when the resources of the bank permit' 
• T.T. Krishnamachari described the Directives as 'a veritable dustbin of sentiments' 
• K C Wheare called them as a 'manifesto of aims and aspirations' and opined that they serve as mere 'moral homily', and 
• Sir Ivor Jennings thought they are only as 'pious aspirations

2. lllogically Arranged 

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 provisions based purely on sentiment and prejudice' 

3. Conservative 

Sir Ivor Jennings, the Directives are based on the political philosophy of the 19th century England (1800s) He opined that the Directives 'are deemed to be suitable in India in the middle of the twentieth century'. The question whether they are suitable for the twenty-first century cannot be answered; but it is quite probable that they will be entirely out moded. 

4. Constitutional conflict 

K Santhanam Pointed out Directives lead to a constitutional conflict 

(a) between the Centre and the states, 
(b) between the President and the Prime Minister, and 
(c) between the governor and the chief minister

Scholar	Observation
K.T. Shah	Pious Superfluities
T.T. Krishnamachari	Dustbin of sentiments
K.C. Wheare	Manifesto of aims and aspirations
Sir Ivor Jennings	Pious aspirations
N. Srinivasan	Illogical arrangement
K. Santhanam	Cause constitutional conflicts

Utility of DPSPs

According to M.C. Setalvad

• Instrument of Instructions
• Beacon lights for courts
• Guide for legislature and executive
• Amplify the Preamble

Other Uses

• Supplement Fundamental Rights.
• Fill gaps in Part III.
• Promote social justice.
• Ensure policy continuity.
• Evaluate government's performance.
• Serve as common political manifesto.

Conflict Between FR and DPSP

Champakam Dorairajan Case (1951)

• If any conflict between FR & DPSPs, FR would prevail over DPSPs 
• FRs can be amended by the Parliament by enacting Constitutional amendment

FR > DPSP

Golaknath Case (1967)

• Parliament cannot amend Fundamental Rights.

24th Amendment Act (1971)

• Parliament can amend Fundamental Rights.

25th Amendment Act (1971)

• Inserted Article 31C
• Article 39(b) and 39(c) prevail over Articles 14, 19 and 31.

Kesavananda Bharati Case (1973)

• Judicial review is Basic Structure.
• The second provision of Article 31C was declared invalid.

42nd Amendment (1976)

• Extended protection to all DPSPs.
• Any law for implementation of any DPSP shall not be void if it violates Art 14 & Art 19. 
• Accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

FRs dominant over DPSPs Article 14,19 < 39 (b) & (c)

• Balance between FRs and DPSPs (Basic Struoture) (1973) can amend FR for implementing DPSP but should not damage basic structure. 
• SC held that Indian Constitution is founded on bedrock of balance between FR and DPSP's, giving primacy of one over other is to disturb the harmony of the constitution 
• Also held that Parliament can amend FR for Implementing DPSp's, so long as that amendment does not damage or destroy basic structure of constitution

Balance between FR and DPSPs is Basic Structure.

Neither FR nor DPSP is superior.
Harmony and balance are essential.

Present Position - FR > DPSP

But Parliament can amend FR to implement DPSPs without damaging the Basic Structure.

Important Articles

Article 14, 19 and 21 Known as Heart and Teeth of the Constitution

Implementation of DPSPs

• Planning Commission was established in 1950 to take up the development of the country in a planned manner In 2015, the Planning Commission was replaced by a new body called NITI Aayog 
• Almost all the states have passed land reform laws to reforming changes in the agrarian society and to improve the anditions of the rural masses. 
• The Minimum Wages Act (1948), the Payment of Wages Act (1936), the Payment of Bonus Act (1965), the Contract Labour Regulation and Abolition Act (1970), the Child Labour Prohibition and Regulation Act (1986), the Bonded Labour System Abolition Act (1976) etc. have been enacted to protect the interests of the labour sections 
• In 2006, the government banned the child labour  
• The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have been made to protect the interests of women workers 
• Nationalisation of life insurance (1956), the nationalisation of fourteen leading commercial banks (1969), nationalisation of general insurance (1971), abolition of Privy Purses (1971) 
• The Legal Services Authorities Act (1987) has established a nation-wide network to provide free and competent legal aid to the poor and to organise lok adalat for promoting equal justice
• The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980, have been enacted to safeguard the wildlife and the forests respectively 
• Three-tier panchayati raj system 73rd Amendment Act 
• 10% reservation to the Esonomically Weaker Sections (EWSs) 
• The Ancient and Historical Monument and Archaeological Sites and Remains Act (1951) has been enacted to protect the monuments, places and objects of national importance. 
• Some states have initiated the old age pension schemes for people above 65 years. 
• India has been following the policy of non- alignment and panchsheel to promote international peace and security 

Measure	Year
Planning Commission	1950
NITI Aayog	2015
Land Reforms	Various States
Minimum Wages Act	1948
Bonded Labour Abolition Act	1976
Child Labour Act	1986
Equal Remuneration Act	1976
Maternity Benefit Act	1961
Nationalization of LIC	1956
Bank Nationalization	1969
Legal Services Authorities Act	1987
Wildlife Protection Act	1972
Forest Conservation Act	1980
73rd Amendment (Panchayati Raj)	1992
EWS Reservation	103rd Amendment
Ancient Monuments Act	1951
Old Age Pension Schemes	Various States
Non-alignment and Panchsheel	Foreign Policy

Directives Outside Part IV

Article	Provision
335	Claims of SCs and STs in services
350A	Mother tongue education
351	Development of Hindi language

Important Cases

Case	Principle Established
Champakam Dorairajan (1951)	FR > DPSP
Golaknath (1967)	FR cannot be amended
Kesavananda Bharati (1973)	Basic Structure Doctrine
Minerva Mills (1980)	Balance between FR and DPSP

One-Line Revision

• B.R. Ambedkar - DPSPs are the "Novel Features" of the Constitution.
• Granville Austin- FR + DPSP = Conscience of the Constitution.
• Article 37 - DPSPs are fundamental in the governance of the country.

Aim

Establish a Welfare State and Social-Economic Democracy.

Present Position

Balance between Fundamental Rights and DPSPs is part of the Basic Structure of the Constitution.

UPSC Mains Question

Q.1 Discuss the possible factors that inhibit India from enacting for its citizens a Uniform Civil Code as provided for in the Directive Principles of State Policy. (200 words)

Introduction

Article 44 of the Constitution directs the State to strive for a Uniform Civil Code (UCC) for all citizens. It seeks to replace personal laws based on religion with a common set of laws governing marriage, divorce, inheritance and adoption.

Body

Several factors hinder the implementation of a Uniform Civil Code:

1. Religious and Cultural Diversity

• India is a multicultural and multi-religious society.
• Different communities follow distinct personal laws and traditions.

2. Fear of Interference in Religious Freedom

• Minority communities often perceive UCC as an infringement on their rights guaranteed under Articles 25 and 26.

3. Political Sensitivity

• The issue is highly politicized, making consensus difficult among political parties.

4. Lack of Social Consensus

• Different sections of society have divergent views regarding the nature and scope of UCC.

5. Tribal and Customary Practices

• Several tribal communities possess unique customs and traditions that require protection.

6. Practical and Legal Challenges

• Harmonizing diverse personal laws into a single code is a complex task.

Way Forward

• Gradual reforms instead of sudden imposition.
• Extensive consultation with stakeholders.
• Ensuring gender justice and equality.
• Building public awareness and consensus.

Conclusion

A Uniform Civil Code can promote equality and national integration, but its implementation requires a balanced approach that respects India's diversity and constitutional values. Consensus and gradual reforms are essential for its successful adoption.

UPSC Prelims Revision Table

Article	Provision
Article 38	Social order and welfare of people
Article 39	Distribution of wealth and equal justice
Article 39A	Free legal aid
Article 40	Village Panchayats
Article 41	Right to work, education and public assistance
Article 42	Humane working conditions and maternity relief
Article 43	Living wage for workers
Article 43A	Workers' participation in management (42nd Amendment)
Article 44	Uniform Civil Code
Article 45	Early childhood care and education
Article 46	Welfare of SCs, STs and weaker sections
Article 47	Nutrition and public health
Article 48	Organization of agriculture and animal husbandry
Article 48A	Protection of environment (42nd Amendment)
Article 49	Protection of monuments
Article 50	Separation of judiciary from executive
Article 51	International peace and security

Mnemonic for Articles 38-51

"Social Distribution Legal Village Work Humane Wage Worker Uniform Education Welfare Nutrition Agriculture Environment Monuments Judiciary Peace"

(38-51 = SDLVWHWWUENAEMJP) – useful for UPSC Prelims revision.

Q2. The ideal of 'Welfare State' in the Indian Constitution is enshrined in its (2015)

Directive Principles of State Policy

The Directive Principles (Part IV, Articles 36-51) aim to establish social and economic democracy and transform India into a Welfare State.

Q3. With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon

• Legislative function
• Executive function

Article 37 states that DPSPs are fundamental in governance and it is the duty of the State (Legislature and Executive) to apply these principles while making laws and policies.

Q4. Which principle was added to the DPSP by the 42nd Amendment?

Participation of workers in the management of industries

The 42nd Constitutional Amendment Act, 1976 inserted Article 43A, which provides for workers' participation in management of industries.

Q5. In India, separation of judiciary from the executive is enjoined by

Directive Principles of State Policy

Article 50 directs the State to separate the judiciary from the executive to ensure an independent judicial system.

Q6. Under the Indian Constitution, concentration of wealth violates

Directive Principles of State Policy

According to Article 39(c), the State shall ensure that the concentration of wealth and means of production does not harm the common good.

Q7. Examine the scope of Fundamental Rights in the light of the latest judgment of the Supreme Court on Right to Privacy.

Fundamental Rights under Part III of the Constitution protect the liberty and dignity of individuals. In Justice K.S. Puttaswamy vs Union of India (2017), the Supreme Court declared the Right to Privacy as a Fundamental Right.

Meaning of Right to Privacy

• Privacy means the right of a person to keep personal information, choices and private life free from unnecessary interference.
• It is derived from Article 21 (Right to Life and Personal Liberty) and also linked with Articles 14 and 19.

Expansion of Scope of Fundamental Rights

The judgment widened the meaning of Fundamental Rights by recognizing:

• Bodily Privacy - Protection over one's body and health decisions.
• Informational Privacy - Protection of personal data and digital information.
• Decisional Autonomy - Freedom to make personal choices regarding marriage, food habits, religion and sexual orientation.
• Human Dignity - Privacy is essential for preserving individual dignity.

Restrictions are Permissible

• Privacy is not absolute.
• State can impose reasonable restrictions for national security, public order and prevention of crime.

Significance

• Strengthened individual liberty.
• Became the basis for data protection laws.
• Reinforced constitutional morality and democratic values.

Conclusion

The Puttaswamy judgment greatly expanded the scope of Fundamental Rights by recognizing privacy as an inseparable part of life and liberty, thereby ensuring greater protection of individual dignity in the digital age.

Q8. Does the right to a clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 and judgments of the Supreme Court.

Article 21 guarantees the Right to Life, which has been interpreted by the Supreme Court to include the right to a clean and healthy environment.

Right to Clean Environment under Article 21

• Citizens have a right to breathe clean air and live in a pollution-free environment.
• Environmental protection is also supported by Articles 48A and 51A(g).

Need for Regulation of Firecrackers

Burning crackers causes:

• Air pollution.
• Noise pollution.
• Health hazards, especially for children and elderly people.

Supreme Court's Approach

In Arjun Gopal vs Union of India (2018), the Supreme Court:

• Allowed only environmentally friendly "green crackers".
• Restricted the timing of bursting crackers.
• Emphasized balancing religious freedom with public health.

Constitutional Balance

• Religious practices under Article 25 are subject to public order, morality and health.
• Therefore, restrictions on firecrackers are constitutional and reasonable.

Conclusion

The right to a clean environment under Article 21 justifies legal regulations on firecrackers. Such regulations seek to balance cultural traditions with the larger public interest of protecting health and the environment.

Q9. What do you understand by the concept of "Freedom of Speech and Expression"? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression?

Freedom of Speech and Expression under Article 19(1)(a) is one of the pillars of democracy. It enables citizens to express their views and ideas freely.

Meaning of Freedom of Speech and Expression

It includes

• Freedom to speak and write.
• Freedom of the press.
• Artistic and literary expression.
• Right to receive and impart information.

Does it Include Hate Speech?

No., Hate speech promotes violence, discrimination and hostility.

Article 19(2) permits reasonable restrictions in the interests of:

• Sovereignty and integrity of India.
• Public order.
• Morality.
• Decency.
• Security of the State.

Therefore, hate speech is not protected under Article 19(1)(a).

Why Films are Treated Differently

The Supreme Court in K.A. Abbas vs Union of India (1970) observed that:

• Films have a strong audio-visual impact.
• They influence emotions and behaviour more deeply.
• Children and vulnerable groups are more susceptible to their effects.
• Hence, films are subject to pre-censorship through certification by CBFC.

Difference from Other Forms of Expression

Films	Newspapers/Books
Audio-visual impact	Mainly textual
Subject to prior certification	No pre-censorship
Wider social influence	Relatively limited impact

Conclusion

Freedom of speech is essential for democracy but is subject to reasonable restrictions. Hate speech is not protected, and films are regulated differently because of their powerful influence on society.

Q10. Discuss Section 66A of the IT Act with reference to its alleged violation of Article 19 of the Constitution.

Section 66A of the Information Technology Act, 2000 dealt with punishment for sending offensive messages through electronic communication. However, it became controversial due to its misuse.

Provisions of Section 66A

It punished online messages that were:

• Grossly offensive.
• Menacing.
• Causing annoyance or inconvenience.

Punishment could extend to three years of imprisonment.

Alleged Violation of Article 19(1)(a)

Critics argued that:

• Terms such as "annoyance" and "inconvenience" were vague.
• The provision restricted legitimate criticism and dissent.
• It created fear among citizens and curtailed free speech.

Supreme Court Judgment

In Shreya Singhal vs Union of India (2015), the Supreme Court struck down Section 66A because:

• It violated Freedom of Speech and Expression under Article 19(1)(a).
• The restrictions imposed were beyond those permitted under Article 19(2).
• The provision was arbitrary and susceptible to misuse.

Significance of the Judgment

• Protected digital freedom.
• Strengthened democratic values.
• Prevented arbitrary arrests for online opinions.

Conclusion

The striking down of Section 66A reaffirmed that freedom of speech is a cornerstone of democracy and that any restriction on it must be reasonable, clear and constitutionally valid.

UPSC Mains Writing Tip

For constitutional questions, follow this structure:

Introduction (2-3 lines) → Constitutional Provision → Supreme Court Judgment → Analysis → Conclusion