Directive principles of state policy(DPSP):

One of the most important feature of our Constitution is inclusion of directive principles of state policy(DPSP). The Part IV (Article 36-51) of the constitution contains the directive principles of state policy(DPSP). The idea of inclusion of Directive principles had been taken from the constitution of Ireland.

The directive principles are the ideals which the Union and State governments must keep in mind while they formulate policy or pass a law. These directive principles lay down certain social, economic and political principles, suitable to peculiar, conditions, prevailing in India. The essential feature of the directive principles is that they do not impose any particular brand or pattern of economic or social order. They lay down the goals which may be achieved through various means. These principles are not enforceable by any court yet they are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws for the general welfare of their men, women and children. They impose certain obligation on the state to take positive action in certain direction in order to achieve economic democracy.

Classification of the directives:

DPSPs are classified into three main groups:

1. Social and Economic charter
2. Social security charter
3. Community welfare charter

Group	Description
Social and Economic Charter	Principles promoting justice and economic fairness.
Social Security Charter	Provisions ensuring social welfare and protection.
Community Welfare Charter	Measures for community development and national integrity.

Following are the directive principles of state policy that have provision for welfare of the people-

A. Social and Economic charter-

1. Article 38(1) provides that the state shall promote social order based on justice (social, economic and political).

2. Under Article 39 the state directs its policy towards securing economic justice-

1. Equal right of men and women to adequate means of livelihood.
2. Distribution of ownership and control of the material resources of the community to the common good.
3. To ensure that the economic system should not result in concentration of wealth and means of production to the common detriment.
4. Equal pay for equal work for both men and women.
5. To protect health and strength of workers and tender age of children and to ensure that they are not forced by economic necessity to enter avocations unsuited to their age or strength.
6. Opportunities for the children to develop in healthy manner and protection against exploitation.

B. Social security charter-

1. Article 43-A directs the state to take step for participation of workers in management, establishment of Industries.

2. Article 41 directs the state to ensure the people the right to (a) employment (b) education (c) public assistance in cases of unemployment, old age, sickness and disablement.

3. Article 42 directs the state to make provision for securing just human conditions and for maternity relief.

4. Article 43 directs the state to secure living wage, condition of work ensuring a standard of life for the worker.

5. Article 45 directs the state to make provision for ‘Free and compulsory education’ for all children until they complete the age of 14 years.

6. Article 47 directs the state to raise the level of nutrition, standard of living and improvement of public health.

7. Article 46 directs the state for promotion of educational and economic interest of weaker section (S.T., S.C.) for protecting them from social injustice.

8. Article 39-A directs the state to ensure equal justice and free legal aid to economically backward classes.

C. Community welfare charter-

1. Article 44 directs the state to secure for the citizens a uniform civil code throughout the territory of India.

2. Article 48 requires the state to take steps to organise agriculture and animal husbandry on modern and scientific lines.

3. Article 48-A directs the state for the protection and improvement of forest and wild life and the environment as a whole.

4. Article 49 directs the state to protect the monuments and places and objects of National importance.

5. Article 50 directs the state to separate the Judiciary from Executive in the public services of the state and to promote the rule of law.

6. Article 51 directs the state to promote-

1. International peace and security.
2. Maintain just and honourable relation between nations.
3. Foster respect for international law.
4. Encourage settlement of International dispute by arbitration.

7. Article 40 directs the state to organise village Panchayats as units of self-government.

Thus, the directive principles constitute the spirit of the constitution. The directive principles have been given status of Fundamental Rights new dimension. A large number of laws have been enacted to implement these directive. Though these are not enforceable yet, government of cannot afford to ignore them. These are the means of promoting welfare in the state. “If any government ignores them, they will certainly have to answer them before the electorate’ (Dr. Ambedkar).

Relation between Directive principles and fundamental Rights-

Inclusion of fundamental rights and the directive principles are the two salient feature of the Indian Constitution. The relationship between the fundamental rights and the directive principles is the most important topic of discussion. From the conceptual background and mode of enforcement we can easily differentiate between the two-

Basis	Fundamental Rights	Directive Principles
Nature	Fundamental rights are justiciable	Directive principles are non-justiciable
Enforceability	Fundamental rights are enforceable by the courts	directive principles are not so enforceable by the courts
Role of Courts	Courts are bound to declare any law void if it is inconsistent with fundamental rights	The court cannot declare as void any lay which in otherwise valid on the ground that it contravenes any of the directives

Though these two can be differentiated, in actual situation, there exists a very intimate relationship between these same. There is actually no antithesis between the fundamental rights and the directive principles. They are meant to supplement one another. Both aim at the same goal of bringing about a social revolution and establishment of a welfare state. “The fundamental rights and the Directive principles are conscience of our constitution” Granville Austin. They are supplementary and complimentary to each other. Though these directives are not enforceable by the courts. Yet these have been declared to be fundamental in the governance of the country (Article 37) Thus we can summarise the relationship between fundamental rights and directive principles as-

• They are meant to supplement one another.
• Both aim at the same goal of establishment of welfare state by bringing social revolution.
• They are complementary to each other; it is not necessary to sacrifice one for the sake of the other.
• The directive principles prescribed the goal to be attained and the fundamental rights lay down the means by which the goal is to be achieved.
• Supreme court has given many directive principles of state policy the status of fundamental right. (like Equal pay for equal work, protection of working women from sexual harassment etc.)