Directive Principles of State Policy (DPSPs)

📖 What are the DPSPs?

Part IV of the Constitution (Articles 36-51) contains the Directive Principles of State Policy — guidelines for the state while framing laws and policy. Unlike Fundamental Rights, DPSPs are not enforceable in any court, but Article 37 calls them "fundamental in the governance of the country" and a duty of the State to apply. They were borrowed from the Irish Constitution.

🗂️ Broad categories

• Socialistic principles — e.g. Article 39 (equitable distribution of resources, equal pay for equal work), Article 41 (right to work, education, and public assistance).
• Gandhian principles — e.g. Article 40 (organisation of village Panchayats), Article 43 (promotion of cottage industries), Article 46 (welfare of SC/ST and weaker sections).
• Liberal-intellectual principles — e.g. Article 44 (Uniform Civil Code), Article 45 (early childhood care and education), Article 50 (separation of judiciary from executive), Article 48A (protection of environment).

⚖️ FR vs DPSP — the conflict

Since DPSPs sometimes require the state to act in ways that could restrict Fundamental Rights, courts had to work out which prevails. In Golaknath (1967), FRs were held to be beyond Parliament's amending power. This was overturned by Kesavananda Bharati (1973), which allowed FRs to be amended, but protected by the "basic structure" doctrine. Minerva Mills (1980) then held that the balance between Fundamental Rights and Directive Principles is itself part of the basic structure — neither can be given absolute primacy over the other.