Directive Principles of State Policy (DPSPs) for CLAT

Welcome to this module on Directive Principles of State Policy (DPSPs), a crucial topic for the Common Law Admission Test (CLAT). Understanding DPSPs is vital as they guide the government in making laws and policies, and often form the basis for judicial interpretation.

What are Directive Principles of State Policy?

The Directive Principles of State Policy (DPSPs) are a set of guidelines or principles enshrined in Part IV of the Indian Constitution. They are directives to the State to promote social and economic justice and to establish India as a welfare state. Unlike Fundamental Rights, DPSPs are not justiciable, meaning they cannot be enforced by any court. However, they are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in the making of laws.

Classification of DPSPs

While the Constitution doesn't explicitly classify DPSPs, they are generally categorized into three broad types based on their ideological underpinnings:

Category	Focus	Examples
Socialist Principles	Promoting social and economic equality, equitable distribution of resources.	Article 38 (State to promote welfare of people), Article 39 (Certain principles of policy to be followed by the State), Article 41 (Right to work, to education and to public assistance in certain cases), Article 43 (Living wage, etc., for workers)
Gandhian Principles	Promoting Gandhian ideals like village self-governance, prohibition, and upliftment of weaker sections.	Article 40 (Organisation of village panchayats), Article 43 (Cottage industries), Article 46 (Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections), Article 47 (Duty of the State to raise the level of nutrition and the standard of living and to improve public health)
Liberal-Intellectual Principles	Promoting individual freedoms, rational thought, and a just legal system.	Article 44 (Uniform Civil Code), Article 45 (Provision for early childhood care and education to all children until they complete the age of six years), Article 48 (Organisation of agriculture and animal husbandry), Article 51 (Promotion of international peace and security)

Relationship between Fundamental Rights and DPSPs

The relationship between Fundamental Rights (Part III) and DPSPs (Part IV) has been a subject of much debate and judicial interpretation. Initially, there was a perceived conflict, with courts often prioritizing Fundamental Rights. However, over time, the judiciary has evolved its stance, recognizing the complementary nature of both.

The Supreme Court has held that Fundamental Rights and DPSPs are not mutually exclusive but are supplementary to each other. They aim for the same goal of establishing a welfare state. The courts have also evolved the 'doctrine of harmonious construction,' where they try to give effect to both Fundamental Rights and DPSPs.

Key judicial pronouncements have shaped this relationship. For instance, the Sankari Prasad case (1951) and Sajjan Singh case (1965) held that Parliament could amend Fundamental Rights. However, the landmark Kesavananda Bharati case (1973) introduced the 'basic structure doctrine,' stating that Parliament cannot amend those parts of the Constitution that form its basic structure, which includes both Fundamental Rights and DPSPs in their essence.

Are Directive Principles of State Policy enforceable in courts?

No, DPSPs are not justiciable and cannot be enforced by any court.

Significance for CLAT

For CLAT aspirants, understanding DPSPs is crucial because:

Policy Making: Many questions in the Legal Reasoning section might involve scenarios where government policies are challenged or analyzed. Knowledge of DPSPs helps in understanding the rationale behind such policies.
Judicial Interpretation: Landmark Supreme Court judgments related to DPSPs and their interplay with Fundamental Rights are frequently tested.
Constitutional Law: DPSPs are a fundamental aspect of Indian Constitutional Law, a core component of the CLAT syllabus.
Current Affairs: Many contemporary issues and government initiatives are rooted in the principles enshrined in DPSPs.

Key Articles to Remember

While it's important to understand the concepts, memorizing key articles related to DPSPs can be beneficial for quick recall during the exam. Focus on articles that have been frequently discussed in legal discourse and have led to significant judicial pronouncements.

Which part of the Indian Constitution deals with Directive Principles of State Policy?

Part IV of the Indian Constitution.

Conclusion

Directive Principles of State Policy are the bedrock of India's commitment to social and economic justice. While not legally enforceable, they serve as essential guiding principles for the State and are integral to understanding the spirit and evolution of the Indian Constitution. Mastering this topic will significantly enhance your preparation for CLAT.

Learning Resources

The Constitution of India - Part IV: Directive Principles of State Policy(documentation)

Direct access to the official text of Part IV of the Indian Constitution, detailing all the Directive Principles of State Policy.

Directive Principles of State Policy - Wikipedia(wikipedia)

A comprehensive overview of DPSPs, their historical context, classification, and relationship with Fundamental Rights, including key judicial interpretations.

Landmark Judgments on Directive Principles of State Policy(blog)

An analysis of significant Supreme Court judgments that have shaped the understanding and application of DPSPs in India.

Understanding Directive Principles of State Policy (DPSP) - Drishti IAS(documentation)

A detailed explanation of DPSPs, their objectives, classification, and importance, often used by competitive exam aspirants.

The Constitution of India: A Critical Introduction (Chapter on Fundamental Rights and Directive Principles)(paper)

An academic perspective on the Indian Constitution, likely offering in-depth analysis of the interplay between Fundamental Rights and DPSPs.

CLAT PG 2024: Constitutional Law - Fundamental Rights & Directive Principles(video)

A video lecture specifically tailored for CLAT PG aspirants, covering Fundamental Rights and Directive Principles of State Policy.

The Indian Constitution: Part III & IV - Fundamental Rights & Directive Principles(blog)

A clear and concise explanation of both Fundamental Rights and DPSPs, highlighting their significance and differences.

Article 37: Application of the Directive Principles(documentation)

Focuses on Article 37, which explicitly states that DPSPs are fundamental in the governance of the country and it is the duty of the State to apply them in making laws.

The Basic Structure Doctrine and its Evolution(blog)

Explains the foundational 'basic structure doctrine' established in the Kesavananda Bharati case, which is crucial for understanding the limitations on amending Fundamental Rights and DPSPs.

Comparative Study of Fundamental Rights and Directive Principles(blog)

Provides a direct comparison between Fundamental Rights and DPSPs, outlining their key differences and similarities.