Directive Principles of State Policy (Articles 36-51): Classification, Amendments and the FR-DPSP Conflict (UPSC Notes + PYQs)

Background: a promise for the future

The framers of the Constitution faced a nation of deep poverty, illiteracy and inequality. They could not promise every citizen a job, a school or a hospital as an enforceable right in 1950, because the State simply lacked the resources. Yet they did not want to leave these goals out. Borrowing the idea from the Irish Constitution of 1937, they placed them in Part IV as Directive Principles of State Policy, Articles 36 to 51. Article 37 says they are not enforceable by any court but are fundamental in the governance of the country, and it is the duty of the State to apply them in making laws. Dr Ambedkar described them as an instrument of instructions to future governments, and said that a government which ignored them would have to answer to the voters. Together with Fundamental Rights they form what Granville Austin called the conscience of the Constitution.

What they are, and why they are not enforceable

The framers borrowed the idea from the Irish Constitution of 1937. A newly free country with little money could not promise every citizen a job or a pension as a legal right, so these were written as directions to the State. Ambedkar called them an “instrument of instructions”, and argued that a government ignoring them would answer to voters, not judges.

Three broad groups

The classification is a teaching aid. The Constitution itself does not group them.

Later additions

• 42nd Amendment (1976): Art. 39(f) child development, 39A free legal aid, 43A workers in management, 48A environment.
• 44th Amendment (1978): Art. 38(2), reducing inequalities of income and status.
• 86th Amendment (2002): rewrote Art. 45 to early childhood care, after education for 6-14 year olds became a Fundamental Right under Art. 21A.
• 97th Amendment (2011): Art. 43B, promotion of co-operative societies.

The FR-DPSP conflict in court

The story runs through five cases, and examiners like the sequence.

• Champakam Dorairajan (1951): Fundamental Rights prevail; DPSPs must “run as subsidiary”.
• Golaknath (1967): Parliament cannot amend Fundamental Rights to implement DPSPs.
• 25th Amendment (1971): Art. 31C protected laws giving effect to Art. 39(b) and (c).
• Kesavananda Bharati (1973): upheld the first part of 31C, struck down the clause barring judicial review.
• Minerva Mills (1980): the Constitution rests on a balance between Parts III and IV; giving absolute primacy to one destroys the basic structure.

In 2024 a nine-judge bench in Property Owners Association held that not every private resource is a “material resource of the community” under Art. 39(b).

Fundamental Rights vs Directive Principles

How far have they been implemented?

More than critics admit. Land reforms (39b, c), MGNREGA (41), the Equal Remuneration Act (39d), free legal aid through NALSA (39A), panchayats via the 73rd Amendment (40), the Mid-Day Meal and NFSA (47), and the Wildlife and Environment Protection Acts (48A) all trace back to Part IV. The uniform civil code (44) remains the most debated; Uttarakhand passed its own UCC in 2024.

DPSPs that became law or rights

How courts use DPSPs today

Although courts cannot enforce Directive Principles directly, they use them in three ways. First, to interpret Fundamental Rights broadly: the right to life under Article 21 has been read with Articles 39, 41, 47 and 48A to include livelihood, health, education, food and a clean environment. Second, to uphold laws as reasonable restrictions: a law that advances a Directive Principle is more likely to be held reasonable under Article 14 or 19. Third, as part of the basic structure: in Minerva Mills (1980) the Supreme Court held that the harmony and balance between Parts III and IV is a basic feature. In this way, a non-justiciable part of the Constitution has shaped some of the most important rights Indians enjoy.

Directive Principles Of State Policy: UPSC angle

Directive Principles Of State Policy UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

Mains PYQs on this topic

No UPSC Mains question from 2023-2026 is directly on this topic. Older papers (2013-2022) will be added as the Mains bank grows.

Quick quiz

FAQs

Study next: Fundamental Rights · Fundamental Duties · Basic structure

Spotted an error? Tell us. We correct within 48 hours.

Image: https://commons.wikimedia.org/wiki/File:India_constitution_2006_1_4.jpg