Directive Principles of State Policy (DPSP) | Adv. Prakash Sharma
Directive Principles of State Policy (DPSP): Constitutional Mandate, Legal Relevance & Practical Application in Governance
Introduction
The Directive Principles of State Policy (DPSP), incorporated under Part IV (Articles 36–51) of the Indian Constitution, serve as the moral, social, and economic framework guiding the State in policy formation and governance.
While DPSPs are non-justiciable, they are not optional.
They legally obligate the State to create a welfare-oriented, socially just and economically balanced governance system.
In modern legal practice, DPSPs influence:
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Public policy formulation
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Government schemes & welfare programs
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Judicial interpretation
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Socio-economic legislation
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Corporate governance & ESG standards
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Labour reforms
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Environmental law development
DPSPs form the backbone of India’s welfare State model and have a significant impact on commercial, corporate, industrial, and social sectors.
1. Constitutional Nature of DPSPs (Articles 36–51)
DPSPs are:
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Guidelines for State governance
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Legally binding in principle, though not judicially enforceable
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Used by courts for interpreting fundamental rights
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Policy direction for Parliament and State Legislatures
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Foundation for socio-economic reforms
The Supreme Court has consistently held that DPSPs must be read harmoniously with Fundamental Rights, ensuring balance between individual liberties and societal welfare.
2. Classification of DPSPs and Practical Implications
A. Socialist Principles
These Articles shape India’s welfare legislation and labour laws.
Article 38 – Social, Economic, Political Justice
Mandates reduction of inequalities.
Practical impact:
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Reservation policies
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Social welfare schemes
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Employment guarantee (MGNREGA)
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Public distribution system
Article 39 – Key Economic Directives
Includes:
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Equal pay for equal work
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Adequate standard of living
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Prevention of wealth concentration
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Protection of workers, children, women
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Livelihood-oriented policies
Relevance in practice:
Used frequently in labour law litigation, minimum wage disputes, gender equality matters, and corporate compliance.
Article 41 – Right to Work, Education, Public Assistance
Basis for unemployment support, disability benefits, welfare schemes.
Article 42 – Just & Humane Working Conditions, Maternity Relief
Forms the basis of:
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Maternity Benefit Act
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Workplace safety regulations
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Industrial labour standards
Article 43 – Living Wage & Decent Working Conditions
This principle influences:
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Wage boards
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Labour codes
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Industrial regulations
Article 47 – Nutrition & Public Health
Source of:
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Food safety regulations
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Public health standards
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Drug control policies
B. Gandhian Principles
Focused on rural development, self-sufficiency, and traditional values.
Article 40 – Panchayati Raj
Foundation for decentralized governance.
Article 43 – Promotion of Cottage Industries
Key for MSMEs, rural industries, handicrafts, and artisan-based businesses.
Article 46 – Protection of SC/ST & Weaker Sections
Guides affirmative action and welfare programs.
Article 48 – Animal Husbandry & Prohibition of Cow Slaughter
Influences agricultural, dairy, and livestock policies.
C. Liberal-Intellectual Principles
These Articles promote democracy, good governance, law-making, and international relations.
Article 44 – Uniform Civil Code (UCC)
One of India's most debated constitutional aspirations; influences modern family law reforms.
Article 45 – Early Childhood Education
Led to Right to Education Act (RTE).
Article 48A – Environmental Protection
Source of key environmental regulations, pollution control norms, and sustainable development policies.
Article 49 – Protection of Monuments
Important for infrastructure, real estate, and heritage matters.
Article 50 – Separation of Judiciary from Executive
Essential for judicial independence.
Article 51 – International Peace & Treaties
Forms basis for India’s global legal obligations.
3. Judicial Interpretation & Evolution of DPSPs
Over decades, the Supreme Court has consistently elevated the significance of DPSPs.
Key Judgment: Minerva Mills v. Union of India
Held that Fundamental Rights and DPSPs together form the core of the Constitution.
Neither is superior; both must coexist harmoniously.
Key Judgment: Olga Tellis v. Bombay Municipal Corporation
DPSPs were used to expand the meaning of “life” under Article 21.
Key Judgment: Unnikrishnan v. State of Andhra Pradesh
Converted “Right to Education” from a DPSP into a Fundamental Right for children.
4. Commercial & Corporate Relevance of DPSPs
DPSPs influence corporate and industrial sectors in several ways:
✔ Labour Compliance & Industrial Relations
Articles 39, 41, 42, 43 form the foundations of labour laws, wage codes, maternity policies, and workforce standards.
✔ Environmental Compliance
Article 48A guides industries toward sustainable practices and pollution control.
✔ Public Health & Consumer Safety
Article 47 influences food safety, drug regulations, manufacturing standards.
✔ Governance & Social Responsibility
DPSPs form the ideological basis of CSR (Corporate Social Responsibility) and ESG (Environment, Social, Governance) norms.
✔ Education & Welfare Sector
Article 45 guides government and private institutions in education reforms, licensing, and compliance.
5. Role of DPSPs in Modern Litigation
Even though DPSPs are not enforceable in court, they are often used in:
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Public Interest Litigations (PILs)
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Environmental litigation
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Labour and industrial disputes
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Service matters
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Constitutional interpretation
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Policy-based challenges
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Infrastructure & urban development cases
Courts use DPSPs to uphold legislation or direct government action toward public welfare.
Conclusion
The Directive Principles of State Policy represent the core values of India’s constitutional philosophy. They shape socio-economic policy, guide legislative reforms, influence corporate governance, and form the backbone of India’s welfare-oriented governance model.
For clients, corporates, compliance officers, and legal professionals, understanding DPSPs provides strategic insights into how Indian law evolves and how governance decisions impact business and society.
Author
Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
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Prakash Chand Sharma, the founder of Zumosun Universe and the creator of Activation Science — a transformative framework designed to activate the infinite universe within every individual, organization, and civilization.
My work focuses on unlocking PURE Intelligence and Exponential Growth, guiding humanity from potential to activation — from limitation to expansion. Through Activation, I aim to build an Activated Universe and Civilization, where every entity continuously evolves, innovates, and contributes to universal growth forever.
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