Directive Principles of State Policy (DPSP) represent positive guidelines and policy directives issued to the State to build an egalitarian society.
1. Non-Justiciability vs. Fundamental Governance
Under Article 37, DPSPs are declared non-justiciable—meaning you cannot sue the government in a court of law if it fails to provide a living wage or free medical care. However, Article 37 declares that these principles are fundamental in the governance of the country, and it shall be the duty of the State to apply them in making laws.
2. Classification of Directive Principles
While not formally classified in the text, scholars divide DPSPs into three categories:
- Socialistic Principles:
- Article 38: Promote a welfare state by securing social, economic, and political justice, and minimizing inequalities.
- Article 39(b) & (c): Distribute material resources for the common good and prevent concentration of wealth.
- Article 39-A: Provide equal justice and free legal aid to the poor.
- Gandhian Principles:
- Article 40: Organize Village Panchayats as units of self-government.
- Article 43: Promote cottage industries on an individual or cooperative basis.
- Article 47: Prohibit consumption of intoxicating drinks and drugs harmful to health.
- Liberal-Intellectual Principles:
- Article 44: Secure a Uniform Civil Code for all citizens.
- Article 48-A: Protect and improve the environment, forests, and wildlife.
- Article 50: Separate the judiciary from the executive in public services.