DPSP is 20^th century concept evolved due to evolution of constitutionalism.

The Government exists for the benefit of the people is known as constitutionalism. To establish a welfare state or to establish egalitarian society without any class distinction or minimum class distinction are the aims of DPSP.

It epitomize the ideals of people. The DPSP are also regarded as the means to establish social and economic democracy in the country.

If DPSP is well implemented it establish highest freedom, freedom from want and freedom from hunger.

Social Principles:

Articleicle 38: State to secure a social order for the promotion of the welfare of the people.

Articleicle 38(1): ensures justice – social, economic & Political.

Articleicle 38(2): strive to minimize the inequalities in income, promote the welfare, not only of individuals but also amongst groups.

Articleicle 39: Six “Principles” (i.e.,) Policies to be followed by the state.

Articleicle 39(a): The state should secure equality between men and women, have the right to an adequate means of livelihood.

Articleicle 39(b): The ownership and control of material resources of the community are so distributed to the best to sub serve the common good.

Articleicle 39(c): Prevention of concentration of wealth.

Articleicle 39(d): Equal pay for equal work for both men and women.

Articleicle 39(e): That the health and strength of workers, men & women and the tender children are not abused and the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Articleicle 39(f): (inserted in 42 amendment act, 1976) That children are given opportunities and facilities to develop in a healthy manner, and in conditions of freedom and dignity and that childhood & youths are protected against exploitation and against moral & material abandonment.

Articleicle 39A: Equal Justice and Free legal aid (Inserted in 42 Amendment Act 1976)

Articleicle 40: Organization of village Panchayat’s (A Gandhian Principle)

Based on this principle, village self governments are established through 73^rd and 74^th Amendment Acts,1992.

Articleicle 41: Right to work, to education and to Public assistance in certain cases-

The state shall, within its limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Articleicle 42: Provision for just and humane conditions of work and maternity relief.

The state shall make provisions for securing just and humane conditions of work and for maternity relief.

Articleicle 43: Living wages, etc for workers – state shall Endeavour to secure, by suitable legislation, or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work a living wage, conditions of work ensuring decent standard of life and full enjoyment of leisure and social and cultural opportunities and in Particular, the state shall Endeavour to promote cottage industries on an individual or cooperative basis in rural areas.

For the promotion of Cottage industries Under Articleicle 43, which is a state subject, the central Government, has established several boards to help the State Governments, in matter of Finance, Marketing and like. These are All India Khadi and village industries board, All India Handicrafts board, All India handloom board, Small scale industries, Silk board, coir board etc.

Articleicle 43A: Participation of workers in management of industries. (inserted by 42 Amendment Act,1976)

Articleicle 44: Uniform civil code for the citizens- By uniform civil code, it is meant that all sections of society, irrespective of their religion, shall be treated equally according to national civil code, which shall be uniformity applicable to all.

Civil code covers areas like Marriage, Divorce, Maintenance, Inheritance, Succession of Property and adoption.

Articleicle 45 : Provision of early childhood care and education to children below the age of 6 years. The state shall Endeavour to provide early childhood care and education for all children until they complete age of 6 years.

Substituted, by constitution (88 Amendment Act,2002, inserted provision for free and compulsory education.

Articleicle 46: Promotion of education and economic interests of the Scheduled castes, the Scheduled Tribes and the other weaker sections of the society.

Articleicle 47: Duty of state to raise the level of nutrition and the standard of living and to improve public health.

Articleicle 48: Organisation of Agriculture and Animal husbandry.

Articleicle 48A: (inserted 42 Amendment Act,1976) Protection and improvement of environment and safeguarding of forests and wildlife.

Articleicle 49: Protection of Monuments and Places and objects of national importance.

Articleicle 50: Separation of Judiciary from executives.

As to the separation of the executive from the Judiciary the slow progress and diverse methods in the various states has been replaced by a uniform system by union legislation, in the shape of Criminal procedure code,1973 which has placed the function of judicial trial in the hands of the judiciary and are under the complete control of the High court.

Besides the Directives contained in Part IV there are certain other directives addressed to the state in other Parts of the constitution. Those Directives are non justice able they are

Articleicle 350A: Enjoins every state and every local authority with in the state to provide adequate facilities for instructions in mother tongue at the Primary stage of education to children belonging to linguistic minority groups (inserted by 7^th Amendment Act, 1956)

Articleicle 351: Enjoins the union to promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression of all elements of the composite culture of India.

Articleicle 335: Enjoins that the claims of the members of SC & STs shall have be taken in top consideration consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the union or of a state.

Features of DPSP:

• Unique blend of socialism
• Gandhian Principles
• Liberal Principles from west and
• Ideals of freedom struggle.

The Socialist Principles are reflected in Articleicles: 38, 39, 39A, 42 and 43A

The Gandhian Principles Articleicles: 40, 46, 48, 43, and 47.

The Western Liberal Principles Articleicles: 44, 45, 50 and 51.

NATURE OF DPSP:

DPSP are non-justiciable in nature and they only impose the moral duty on state. They are regarded as affirmative principles and they form a general instruction to the state to achieve certain things for benefit of people. Thus constitute social, economic and administrative programs for a democratic state. If DPSP are not implemented the citizens do not have any legal remedy.

DIFFERENCES BETWEEN Fundamental Rights AND DPSP:

Relationship between FR and DPSP:

According to Grenville Austin, they together constitute the conscience of the constitution. The DP shall conform to the FR and DPSP shall always forms subsidiary to FR. In Champakam Duraisamy Vs state of Madras Supreme Court held that the DPSP always give way to FR 1951.

The Re. Kerala education bill case 1957, the court propounded the concept of doctrine of theory of Harmonization there is no interest conflict between DPSP and FR. They are supplementary to each other. The political democracy without social and economic democracy is meaningless and further they are complementary to each other. Therefore it’s the duty of courts to interpret the laws passed by the legislature whether its based on Hanonious relationship or not. Thus the scope for FR shall be decided with reference to DP. The FR and DPSP are considered as two sides of same coin that is welfare state.

Accordingly bank nationalisation act 1971 and Privy Purse (abolition of 1971) for enacting Parliament to establish Article 39(b), 39(c) of constitution. This is to prohibit class banking and ensure mass banking. These acts were declared  unconstitutional and void based on Article 14, 19, 31. Parliament introduced 25^th amendment act and inserted Article 31C, which reads as if state has passed law it give effect to Article 39(b), 39(c) on under the course, the law violated Article 14, 19, 31. It cannot be declared unconstitutional merely on this ground and any such act cannot be challenged in court of law.

The 25^th amendment and other things challenged before court in Kasavanantha Bharathi case and court held that the 1^st Part of 25^th amendment was constant valid and its struck down the second Part of Article 31C which declared as unconstitutional and void as it was violated the basic structure of constitution that is judicial review.

During emergency the Parliament passed 42^nd amendment act. It further amended Article 31C and gave precedence of all Articleicle of DPSP. Subsequently 44^th amendments removed Article 31 of the constitution. In Minerva mills Vs Union of India 1980. The court struck down the 42^nd amendment in Article. 31C and held that the balance between FR and DPSP are the part of basic structure and whole some precedence of all DPSP null and void.