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DPSP
DIRECTIVE PRINCIPLES OF STATE
POLICY (PART IV, Articles 36-51)
The Directive Principles are the needs of the community.
DPSP was borrowed from Irish Constitution.
These are the recommendations to the state in Legislative, Executive and Administrative
matters. (State means Legislative and Executive organs of the Central and State
governments, all local authorities and all other public authorities in the country).
In GOI (Government of India) 1935 Act Instruments of Instructions enumerated and
in the Indian Constitution they are called Directive Principles of State Policy.
DPSP embody the concept of a welfare state.
The Directive Principles are the operative part of the Constitution.
The Directive Principles of State Policy constitute a very comprehensive economic,
social and political program for modern democratic stste.
The idea of the principles is that realizing the high ideals of Justice, liberty, equality and
Fraternity as outlined in the Preamble.
Directive Principles of State Policy are non-justifiable in nature. (They are not legally
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Article 47: To prohibit the consumption of intoxicating drinks and drugs. It is the duty of
the state to raise the level of nutrition and the standard of living to improve public health.
Note: the Bombay Prohibition Act 1949 is still in operation in both Maharashtra and
Gujarat.
Note: The Bangaram Island is the only place in Lakshadweep where the consumption is
permitted.
Impact of Prohibition in Haryana: After the 1996 assembly elections the HVP (Haryana
Vikas Party) imposed ban on liquor by the CM Bansilal and it had a very bad impact in
the 1998 Lok Sabha elections where it won only 1 Lok Sabha seat from the state (Out of
10). In the year 1998 the government lifted the ban.
Article 48: Organization of agriculture and animal husbandry and prohibition of cow
slaughter.
Article 49: Protection of monuments, places and objects of National importance.
Article 50: Separation of Judiciary from Executive.
Article 51: To promote international peace and security, just and honorable between
nations, respect for international law.
86th Amendment of 2002 changed the subject matter of Article 45 and also made
elementary education a fundamental right under Article 21 A. (This came into effect
on April 1, 2010). With this the Children between the age group of 6 and 14 are entitled
for free education.
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In Champakam Dorairajan case (1951) the Supreme Court ruled that in case of any
conflict between Fundamental Rights and DPSP, the Fundamental rights would prevail.
In Golaknath case (1967) the Supreme Court held that Fundamental Rights cannot be
amended for the implementation of DPSP.
In Keshavananda Bharati case (1973): The Supreme Court declared that there is no
essential dichotomy between the Fundamental rights and the Directive principles. They
complement and supplement each other.
42nd amendment of 1976 accorded supremacy to Directive Principles of State Policy over
Fundamental rights.
In Minerva Mills (1980) case the status of Directive Principles of State Policy was made
subordinate to the Fundamental rights.
MISCELLANEOUS:
DR B R AMBEDKAR: The Directive Principles are the novel feature of the Indian
Constitution. The Directive Principles along with the Fundamental rights contain the
Philosophy of the Constitution and is the soul of the Constitution.
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