Polity · X-Factor Notes
Directive Principles of State Policy revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Location | Mentioned in Part IV of the Constitution, covering Articles 36 to 51. | UPPCS (Pre) 2010 |
| Source/Origin | The idea of DPSP was borrowed from the Irish Constitution. | UPPCS (Pre) 1998 |
| Nature | DPSP are not enforceable by any court (Non-Justiciable). | UPPCS (Pre) 2018 |
| Application (Art. 37) |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Promotion of Welfare (Art 38) | Directs the State to secure a social order for the promotion of the welfare of the people. This is the basis for Economic Justice. | |
| Equal Justice and Free Legal Aid (Art 39A) | Provides for equal justice and free legal aid for the poor. Added by the 42nd Amendment,1976. | UPPCS (Pre) 2020 |
| Equal Pay for Equal Work (Art 39(d)) |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Organization of Village Panchayats (Art 40) | Directs the State to take steps to organize Village Panchayats and endow them with powers as units of self-government. | U.P.P.S.C. (GIC) 2017, UPPCS (Pre) 2014, UPPCS (Pre) 2020 |
| Promotion of Cottage Industries (Art 43) | Promoting cottage industries in rural areas is considered a Gandhian Principle reflected in DPSP. | |
| Organization of Agriculture/ Animal Husbandry (Art 48) |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Uniform Civil Code (Art 44) | State shall endeavor to secure for the citizens a Uniform Civil Code (UCC) throughout the territory of India. | UPPCS (Mains) 2010, U.P.P.S.C. (GIC) 2010, UPPCS (Pre) 2020 |
| Early Childhood Care (Art 45) | Provision of early childhood care and education to children below the age of six years. (Note: Free education up to the age of 16 years is not a DPSP). | U.P. Lower Sub. (Pre) 2013 |
| Separation of Judiciary from Executive (Art 50) |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Abolition of Untouchability | Abolition of Untouchability is a Fundamental Right (Article 17), not a Directive Principle. | U.P. Lower (Spl) (Pre) 2008 |
| Right to Information (RTI) | The Right to Information emerges as a legal right under the Right to Information Act, 2005, not a Directive Principle. | UPPCS (Pre) 2006, UPPCS (Mains) 2010 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| 25th Amendment Act | Enacted in 1971. It provided that no law passed to give effect to DPSP contained in Articles 39(b) and 39(c) would be considered void on the ground that it abridges the rights conferred by Articles 14 and 19. This priority over Fundamental Rights (FRs) was upheld in the Minerva Mills Case, 1980. | UPPCS (Mains) 2009 |
| 42nd Amendment Act | Enacted in 1976. This amendment added new Directive Principles: | UPPCS (Pre) 1998, UPPCS (Pre) 2020 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Article(s) | Directive Principle Summary | |
| Article 36 | Definition of Directive Principles | |
| Article 37 | DPSPs are fundamental in governance but not enforceable by courts | |
| Article 38 |
| Constitutional Status | DPSP do not constitute a limitation upon legislative or executive functions. |
|---|
| Objective/Welfare State | They embody the concept of a 'Welfare State'. The idea of India as a Welfare State is found in both the Preamble and DPSP. The core objective is to ensure socio-economic justice and establish a secular and democratic state. The objectives do not include establishing a Religious State. | U.P. Lower Sub. (Mains) 2013, UPPCS (Mains) 2004, U.P.R.O./A.R.O. (Mains) 2013, UPPCS (Pre) 2017 |
|---|
| Classification | For convenient study, DPSP can be classified into three broad categories: Socialist, Gandhian, and Liberal-Intellectual. | UPPCS (Pre) 2018 |
|---|
| Quote on DPSP by K T Shah | "a cheque which is paid on Bank’s Convenience". | UPPCS (Mains) 2007 |
|---|
| Relation to UDHR | Principles and provisions of the Universal Declaration of Human Rights (1948) are reflected in the Preamble, Fundamental Rights, and Directive Principles of State Policy. |
|---|
| Stipulates equal pay for equal work for both men and women. This principle is a DPSP, not a Fundamental Right. |
| UPPCS (Pre) 2001, UPPCS (Mains) 2010, U.P. Lower (Spl) (Pre) 2008 |
| Right to Work and Education (Art 41) | Relates to the right to work, to education, and to public assistance in certain cases. | U.P. Lower Sub. (Mains) 2013 |
|---|
| Just/Humane Conditions (Art 42) | Requires securing just and humane conditions of work. | UPPCS (Mains) 2015 |
|---|
| Workers' participation (Art 43A) | Provides for the participation of workers in the management of industries. | UPPCS (Mains) 2015 |
|---|
| Prohibition of Intoxicating Drinks (Art 47) | State shall try to raise the level of nutrition and standard of living and improve public health, including the prohibition of the consumption of intoxicating drinks (Prohibition of Liquor). | U.P. Lower Sub. (Pre) 2013 |
|---|
| UPPCS (Pre) 2020 |
| Directs the State to take steps to separate the judiciary from the executive in the public services of the State. |
| U.P. B.E.O. (Pre) 2019 |
| International Peace (Art 51) | Directs the State to promote international peace and security. | UPPCS (Pre) 2016 |
|---|
| Priority over FR (25th Amend./Minerva Mills) | The 25th Constitutional Amendment (1971) provided that no law passed to give effect to DPSP contained in Articles 39(b) & (c) shall be deemed void on the ground that it abridges the rights conferred by Articles 14 and 19. The Minerva Mills Case (1980) verdict confirmed that this limited preference (only for Art. 39(b) and 39(c)) over Articles 14 and 19 is Constitutional. | UPPCS (Mains) 2009 |
|---|
| Swaran Singh Committee | The Committee addressed the question of priority to Directive Principles of State Policy over Fundamental Rights. |
|---|
| Free Education for children up to the age of 16 years |
|---|
| This statement is too broad and incorrect; Article 45 specifies early childhood care for children below the age of six years. |
| U.P. Lower Sub. (Pre) 2013 |
| Article 39A: Provided for equal justice and free legal aid for the poor. | UPPCS (Pre) 2020, U.P.R.O./A.R.O. (Pre) 2014, UPPCS (Pre) 1998 |
| Article 39(f): Protection of children and youth from exploitation. | UPPCS (Pre) 1998 |
| Article 43A: Provided for the participation of workers in the management of industries. | UPPCS (Mains) 2015, UPPCS (Pre) 1998 |
| Article 48A: The protection and improvement of environment and safeguarding of forests and wildlife. | UPPCS (Pre) 2019 |
| 86th Amendment Act | Enacted in 2002. This amendment replaced the subject matter of Article 45 (DPSP). The original directive (free and compulsory education for all children until age 14) was elevated to a Fundamental Right (Article 21A). | UPPCS (Pre) 2015 |
|---|
| The amended Article 45 mandates the State to provide early childhood care and education to children below the age of six years. | U.P. Lower Sub. (Pre) 2013, UPPCS (Pre) 2015 |
| 97th Amendment Act | Enacted in 2011 (notified in 2012). This amendment added Article 43B relating to the promotion of cooperative societies. | UPPCS (Mains) 2016 |
|---|
| State to secure a social order promoting welfare and justice |
| Article 39 | Principles of policy for securing adequate means of livelihood, health, education, and equal pay |
|---|
| Article 39A | Free legal aid and equal justice |
|---|
| Article 40 | Organisation of village panchayats |
|---|
| Article 41 | Right to work, education, and public assistance in cases of unemployment, old age, sickness |
|---|
| Article 42 | Provision for just and humane conditions of work and maternity relief |
|---|
| Article 43 | Living wage, humane conditions of work |
|---|
| Article 43A | Participation of workers in industry management |
|---|
| Article 44 | Uniform civil code for citizens |
|---|
| Article 45 | Early childhood care and education for children below six |
|---|
| Article 46 | Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and weaker sections |
|---|
| Article 47 | Duty of the State to raise nutrition standards and public health |
|---|
| Article 48 | Organisation of agriculture and animal husbandry |
|---|
| Article 48A | Protection and improvement of environment and forests |
|---|
| Article 49 | Protection of monuments and places of national importance |
|---|
| Article 50 | Separation of judiciary from executive |
|---|
| Article 51 | Promotion of international peace and security |
|---|
