Directive Principles of State Policy (Articles 36–51)

Part IV (Articles 36–51) contains DPSPs. Non-justiciable (Article 37 — "shall not be enforceable by any court") but fundamental in the governance of the country. Borrowed from the Irish Constitution (1937). Dr. Ambedkar described them as a 'novel feature.' Aim: to establish a welfare state.

Socialistic Directives:

• Article 38: State to secure social order for welfare of people

• Article 39: Equal right to livelihood (a); equal pay for equal work (d); protection of children from exploitation (f)

• Article 39-A: Equal justice and free legal aid — 42nd Amendment, 1976

• Article 41: Right to work, education, public assistance in unemployment/sickness

• Article 42: Just and humane conditions of work and maternity relief

• Article 43: Living wage for workers

• Article 43-A: Workers' participation in management — 42nd Amendment, 1976

• Article 47: Raise standard of living; prohibition of intoxicating drinks and drugs

Gandhian Directives:

• Article 40: Organise village panchayats

• Article 43: Promote cottage industries

• Article 43-B: Promotion of co-operative societies — 97th Amendment, 2011

• Article 46: Promote educational and economic interests of SC, ST, weaker sections

• Article 48: Organise agriculture and animal husbandry; prohibit slaughter of cattle

Liberal Intellectualist Directives:

• Article 44: Uniform Civil Code

• Article 45: Early childhood care (amended by 86th Amendment)

• Article 48-A: Protection and improvement of environment — 42nd Amendment, 1976

• Article 49: Protection of monuments

• Article 50: Separation of judiciary from executive

• Article 51: Promotion of international peace

This is the single most analytically important topic in this Unit.

• Champakam Dorairajan (1951): FRs prevail over DPSPs → prompted 1st Amendment (Art. 15(4))

• Golak Nath (1967): Parliament cannot amend FRs → DPSPs forever subordinate

• Kesavananda Bharati (1973): Parliament can amend FRs but not destroy basic structure → balance restored

• Minerva Mills (1980): 42nd Amendment's absolute primacy to DPSPs struck down — harmony between Parts III and IV IS itself a basic feature. Neither can completely override the other.

• Waman Rao v. Union of India (1981): Laws giving effect to DPSPs can go in Ninth Schedule — subject to I.R. Coelho (2007) limitation (laws after April 24, 1973 can be challenged if they violate basic structure)

• Article 39(b)/(c) → Nationalisation of industries, land reform laws

• Article 40 → 73rd and 74th Amendments (Panchayati Raj and Municipal Bodies)

• Article 44 → Debate on Uniform Civil Code (Shah Bano, Sarla Mudgal; Uttarakhand UCC 2024)

• Article 48-A → Environment Protection Act, 1986

• Article 50 → Gradual separation of judiciary from executive through various Acts