Part IV → Articles 36–51
Article 36 → Definition of State
Article 37 → Non-justiciable + Fundamental in governance
Main objective → Social and Economic Democracy
Main constitutional source → Irish Constitution
State
Same meaning as:
Article 12
DPSP:
37 → Status
Social + Economic + Political Justice
Also:
Reduce inequalities
38 → Justice + Inequality
Adequate livelihood
Material resources → Common good
Prevent concentration of wealth
Equal pay for equal work
Workers + Children
Children → Freedom + Dignity + Protection
39 → Economic Justice
Equal justice + Free legal aid
42nd Amendment, 1976
Village Panchayats
40 → Panchayats
Work + Education + Public assistance
Subject to:
Economic capacity and development
Just and humane conditions of work
Maternity relief
Living wage
Decent standard of life
Leisure
Social and cultural opportunities
Cottage industries
Workers' participation in management
42nd Amendment, 1976
Cooperative societies
Promotes:
97th Amendment, 2011
Uniform Civil Code
Early childhood care and education
for:
Children below 6 years
Educational + Economic interests of weaker sections
Especially:
SCs + STs
Protection from:
Social injustice + Exploitation
Nutrition
Standard of living
Public health
Also:
Prohibition of intoxicating drinks and harmful drugs, except medicinal purposes.
Agriculture + Animal husbandry
on modern and scientific lines.
Also:
Preservation and improvement of breeds
Environment + Forests + Wildlife
42nd Amendment, 1976
Protection of monuments and objects of national importance
Separation of Judiciary from Executive
International peace and security
Just and honourable relations between nations
International law + Treaty obligations
International disputes → Arbitration
The Constitution itself does not classify DPSP.
The conventional classification is:
38, 39, 39A, 41, 42, 43, 43A
Focus:
Social + Economic Justice
40, 43, 43B, 46, 47, 48
Focus:
Village economy + Weaker sections + Rural development
44, 45, 48A, 49, 50, 51
Focus:
Social reform + Environment + Institutions + International peace
Introduced:
Article 31C
Originally connected with:
Article 39(b) + 39(c)
Added:
Article 39A → Legal aid
Article 43A → Workers
Article 48A → Environment
Also attempted to extend:
Article 31C → All DPSP
Added:
Article 38(2)
Focus:
Reduction of inequalities
Gave constitutional status to:
Panchayati Raj Institutions
Related to:
Article 40
Inserted:
Article 21A
Changed:
Article 45
Added:
Article 51A(k)
21A → Education 6–14
45 → Early childhood below 6
51A(k) → Parent/Guardian duty
Added:
Article 43B
Focus:
Cooperative societies
Protection for laws implementing:
39(b) + 39(c)
↓
Attempted protection for:
All DPSP
↓
Expansion to all DPSP:
Struck down
25th → 39(b),(c)
42nd → All DPSP attempt
Minerva Mills → Expansion invalid
Part III
→ Generally justiciable
→ Individual liberty + Equality
Part IV
→ Non-justiciable
→ Social + Economic justice
Not FR vs DPSP
but:
FR + DPSP
Early approach:
Fundamental Rights > DPSP
Established:
Basic Structure Doctrine
and recognised importance of constitutional balance.
Established importance of:
Harmony + Balance between FR and DPSP
Equal pay for equal work
Social justice + Welfare State
Right to livelihood
Right to education
Sustainable development
Livelihood
↓
Article 21
Right to livelihood
Equal pay
↓
Articles 14 + 16
Equality
Free legal aid
↓
Articles 14 + 21
Access to justice
Education
↓
Article 21A
Right to education
Weaker sections
↓
Articles 15 + 16
Affirmative action
Public health
↓
Article 21
Dignified life
Environment
↓
Article 21
Environmental protection
State responsibility
Citizen responsibility
Article 48A
→ State
Article 51A(g)
→ Citizen
Article 21A
→ Right
Article 45
→ State direction
Article 51A(k)
→ Parent/guardian duty
Animals + Environment
6–14 + Below 6
State + Citizen environmental responsibility
Legal aid + Access to justice
Equal pay + Equality
Weaker sections + Affirmative action
DPSP are not part of the Constitution.
False
They are in:
Part IV
DPSP are enforceable by courts.
False
They are:
Non-justiciable
DPSP have no constitutional importance.
False
Article 37 calls them:
Fundamental in governance
DPSP were borrowed from the Soviet Constitution.
False
Main source:
Irish Constitution
Article 45 currently provides education up to 14 years.
False
Current Article 45:
Early childhood care and education below 6
Article 43A = Cooperatives.
False
43A → Workers
43B → Cooperatives
Article 48A = Animal husbandry.
False
48 → Animal husbandry
48A → Environment
Article 46 applies only to SCs and STs.
False
It applies to:
Weaker sections generally
with specific reference to SCs and STs.
Article 31C protects laws implementing all DPSP.
False
Expansion to all DPSP was struck down in:
Minerva Mills
The Constitution officially classifies DPSP into Socialist, Gandhian and Liberal-Intellectual categories.
False
This is a:
Conventional classification
36 → State
37 → Status
38 → Justice
39 → Economic principles
39A → Legal aid
40 → Panchayats
41 → Work + Education + Assistance
42 → Labour + Maternity
43 → Living wage
43A → Workers
43B → Cooperatives
44 → UCC
45 → Below 6
46 → Weaker sections
47 → Nutrition + Health
48 → Agriculture + Animals
48A → Environment
49 → Monuments
50 → Judiciary
51 → International peace
25th → Article 31C
42nd → 39A + 43A + 48A
44th → 38(2)
73rd → Panchayats
86th → 21A + 45 + 51A(k)
97th → 43B
Champakam → FR priority
Kesavananda → Basic Structure
Minerva Mills → FR + DPSP balance
Randhir Singh → Equal pay
D.S. Nakara → Welfare State
Olga Tellis → Livelihood
Unni Krishnan → Education
Vellore → Sustainable development
The entire DPSP chapter can be reduced to:
DPSP
↓
Part IV
↓
Articles 36–51
↓
Non-justiciable
↓
Fundamental in governance
↓
Guide the State
↓
Social + Economic Democracy
↓
Welfare State
↓
FR + DPSP
↓
Harmony + Balance
↓
Constitutional transformation
