The Directive Principles of State Policy (DPSP) is a concept, enshrined as a set of guidelines in Part IV of the Indian Constitution, spanning from Article 36 to Article 51. The concept was borrowed from the Irish Constitution of 1937, which itself drew inspiration from the Spanish Constitution. The DPSP was created to solve the problem of establishing a genuine welfare state and achieving socio-economic democracy, complementing the political democracy guaranteed by the Fundamental Rights. Dr. B.R. Ambedkar described them as a "novel feature" of the Constitution.
The mechanism of the DPSP is unique: Article 37 explicitly states that these provisions are not enforceable by any court, meaning a citizen cannot petition the judiciary for their implementation. However, the same article mandates that these principles are "fundamental in the governance of the country" and it is the duty of the State to apply them in making laws. Key provisions include Article 38, which directs the State to secure a social order for the promotion of the welfare of the people, and Article 44, which calls for securing a Uniform Civil Code for all citizens.
The DPSP is intrinsically connected to the Fundamental Rights (Part III), with the relationship evolving through judicial pronouncements and amendments. The 42nd Amendment Act, 1976, attempted to give primacy to all DPSPs over the Fundamental Rights under Articles 14 and 19. This was significantly changed by the Supreme Court in the landmark case of Minerva Mills v. Union of India (1980), where the Court struck down the extension of this primacy, ruling that the Constitution is founded on the "bedrock of the balance" between Fundamental Rights and Directive Principles, and neither can be given absolute supremacy.
Recent amendments have added new directives, such as Article 39A (free legal aid) and Article 48A (protection and improvement of the environment), which were inserted by the 42nd Amendment Act, 1976. The 86th Amendment Act of 2002 changed the subject matter of Article 45 (provision for early childhood care) after making elementary education a Fundamental Right under Article 21A. The core principle of non-justiciability, however, has stayed the same since the Constitution's commencement.