Directive

Principles of
State Policy
INDIAN POLITY

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Directive Principles of State Policy

Introduction
 Discussed in Articles 36 to 51 under Part IV of the Constitution

 It was borrowed from the Irish Constitution, which in turn was based on the Spanish Constitution.

 According to Dr B R Ambedkar, DPSPs are "Novel Features" of the Indian Constitution.

Features of the Directive Principles

 The Directive Principles of State Policy refers to the ideals that the government should keep in mind
when drafting policies and legislation.

 The Directive Principles are similar to the Government of India Act 1935's "Instrument of Instructions.".

 They embody the concept of a ‘welfare state,' rather than the concept of a ‘police state,' which existed
during the colonial era.

 They also aspire to realise the higher principles of justice, liberty, equality, and brotherhood as
enshrined in the Preamble to the Constitution.

 Article 37 clearly says that the Directive Principles are non-justiciable in nature. It means two things:

 They are not legally enforceable by the courts for their violation.

 Therefore, the government (Central, state and local) cannot be compelled to implement them.

 Article 37 also says that these principles are nonetheless fundamental in the governance of the country
and so it shall be the duty of the State to apply these principles while making laws.

 The Directive Principles assist the courts in determining whether a statute is constitutional or not.

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 If a court determines that legislation aims to implement a Directive Principle, it may judge the
law to be "reasonable" in light of Article 14 (equality before the law) or Article 19 (six freedoms).
So as to spare it from being declared unconstitutional.

Classification of the Directive Principles

There is no classification of Directive Principles in the Constitution, but they can be categorised into three
major categories based on their substance and direction.

 Socialistic

 Gandhian

 Liberal – Intellectual

Socialistic Principles
The philosophy of socialism is reflected in these values. They provide the foundations of a democratic
socialist state, with the goal of achieving social and economic equality and paving the way for a welfare state.

They direct the state:

 To improve people's welfare by ensuring a social order based on justice—social, economic, and political -
and reducing inequality in income, status, facilities, and opportunity. (Article 38)

 To secure:

 the right to adequate means of livelihood for all citizens

 the equitable distribution of material resources of the community for the common good

 prevention of concentration of wealth and means of production

 equal pay for equal work for men and women

 preservation of the health and strength of workers and children against forcible abuse

 opportunities for the healthy development of children (Article 39).

 To promote equal justice and to provide free legal aid to the poor (Article 39 A).

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 To secure the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement (Article 41).

 To make provision for just and humane conditions of work and maternity relief (Article 42).

 To secure a living wage, a decent standard of living and social and cultural opportunities for all workers
(Article 43).

 To take steps to secure the participation of workers in the management of industries (Article 43 A).

 To raise the level of nutrition and the standard of living of people and to improve public health (Article
47).

Gandhian Principles

These values are based on Gandhi's philosophy, which he outlined throughout the national struggle. Some of
Gandhi's ideas were included as Directive Principles in order to realise Gandhian Sarvodaya.

They require the State:

 To organise village panchayats and provide them with the necessary authorities and authority to function
as self-governing bodies. (Article 40).

 To develop cottage industries in rural areas on an individual or cooperative basis. (Article 43).

 To encourage the development, autonomy, democratic control, and professional management of

cooperative organisations on a voluntary basis. (Article 43B).

 To advance the educational and economic interests of SCs, STs, and other disadvantaged members of
society, as well as to protect them from social injustice and exploitation. (Article 46).

 To make it illegal to use intoxicating beverages and medicines that are harmful to one's health. (Article
47).

 To make it illegal to butcher cows, calves, and other milch and draught animals, as well as to develop
their breeds. (Article 48).

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Liberal Principles

The principles included in this category represent the ideology of liberalism.

They direct the state:

 To ensure that all citizens in the country have access to a Uniform Civil Code (UCC). (Article 44).

 To ensure that all children receive early childhood care and education until they reach the age of six.
(Article 45).

 To Modernize and scientifically organise agricultural and animal husbandry. (Article 48).

 To safeguard forests and wildlife, as well as to protect and improve the environment. (Article 48 A).

 To safeguard monuments, sites, and objects of aesthetic or historic significance that have been
designated as national treasures. (Article 49).

 To separate the judiciary from the executive (Article 50).

 To promote international peace and security, as well as just and honourable relations among nations; to
promote respect for international law and treaty obligations; to encourage the use of arbitration to
resolve international disputes. (Article 51)

New Directive Principles

42nd Constitutional Amendment Act of 1976

It added four new Directive Principles to the original list.

They require the State:

 To provide possibilities for children's healthy growth. (Article 39).

 To promote equal justice and to provide free legal aid to the poor (Article 39 A).

 To take steps to secure the participation of workers in the management of industries (Article 43 A).
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 To protect and improve the environment and to safeguard forests and wildlife (Article 48 A).

44th Constitutional Amendment Act of 1978

It added one more Directive Principle.

 It requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38).

86th Amendment Act of 2002

 It made elementary education a fundamental right under Article 21

 It modified Article 45 to read that all children receive early childhood care and education until they
reach the age of six.

97th Amendment Act of 2011

 It added a new Directive Principle relating to co-operative societies.

 It needs the state to encourage cooperative societies' voluntary formation, autonomous functioning,
democratic control, and professional management. (Article 43B).

The Rationale for Keeping the Directive Principles as

Non-Justiciable and Legally Non-Enforceable
 The country did not possess sufficient financial resources to implement them.

 The country's huge diversity and backwardness would stymie their adoption.

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 Without the ability to select the order, time, location, and manner of fulfilment, the newly independent
Indian State could be crushed beneath the weight of its numerous preoccupations.

Criticism of the Directive Principles

 KT Shah has dubbed them as ‘pious superfluities’ and compared them with ‘a cheque on a bank, payable
only when the resources of the bank permit’.

 T T Krishnamachari described the Directives as ‘dust-bin of sentiments.’

 According to Sir Ivor Jennings, these principles have no consistent philosophy.

 K Santhanam has pointed out that the Directives lead to a constitutional conflict

 between the Centre and the states

 between the President and the Prime Minister

 between the governor and the chief minister.

Utility of Directive Principles

 They are similar to the "Instrument of Instructions" or general recommendations addressed to all
authorities of the Indian Union.

 They have aided the courts in exercising their judicial review power, which allows them to examine a
law's constitutional legality.

 They form the dominating background to all State action, legislative or executive.

 They promote political, economic, and social stability and continuity in domestic and foreign policies.

 They are supplementary to the fundamental rights of the citizens.

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 They enable the opposition to exercise influence and control over the operations of the government.

The Conflict between Fundamental Rights and

Directive Principles

Champakam Dorairajan Case (1951)

 In the event of a dispute between the Fundamental Rights and the Directive Principles, the Supreme
Court held that the former would prevail.

 However, Parliament can modify fundamental rights by introducing constitutional amendment only, and
not through an ordinary legislative process.

 As a result, Parliament made the 1st Amendment Act (1951), the 4th Amendment Act (1955) and the 17th
Amendment Act (1964) to implement some of the Directives

Golaknath case (1967)

 The Supreme Court held that the Parliament can't take away or limit any of the "sacrosanct"
Fundamental Rights, even by a constitutional amendment.

 It is seen as the first instance of Judicial Assertion and Activism.

 However, the Supreme court was criticized for doing activism in favour of the elite segment of the
Indian society.

Parliament’s Assertion
Parliament asserted its sovereignty by enacting the 24th Amendment Act (1971) and the 25th Amendment
Act (1971) to overturn the Supreme Court’s judgement in the Golaknath Case (1967).

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24th Amendment Act

 By altering Articles 13 and 368, Parliament was given the power to amend any aspect of the
Constitution, including fundamental rights.

 The President is now required to grant his consent to any Constitutional Amendment Bill.

25th Amendment Act:

 It inserted a new Article 31C which contained the following two provisions:

 It provided that any law enacted to carry out the Directive Principles set forth in Article 39 (b) or
(c) cannot be challenged on the basis of a violation of the rights provided under Article 14, 19
and 31.

 A statute containing a declaration for giving effect to such a policy cannot be challenged in court
based on the ground that it does not give effect to such a policy.

Kesavananda Bharati case (1973)

 The first provision of Article 31C was held to be constitutional and valid.

 The second provision of Article 31C was held unconstitutional on the ground that Judicial review is
part of the basic feature of the Constitution and hence, cannot be taken away.

42nd Amendment Act (1976)

 It extended the scope of the first provision of Article 31C.

 It gave protection to any law enacted to implement any of the Directive Principles, not just those
listed in Article 39 (b) and (c).

 It accorded a supreme position to the Directive Principles over the Fundamental Rights conferred by
Articles 14, 19 and 31.

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Minerva Mills case (1980)

 This extension was declared unconstitutional by the Supreme Court.

 It means that the Directive Principles were once again made subordinate to the Fundamental Rights.

 But the Fundamental Rights conferred by Articles 14 and 19 were accepted as subordinate to the
Directive Principles specified in Article 39 (b) and (c).

 Further, Article 31 (right to property) was abolished by the 44th Amendment Act (1978).

The Final Position

The Directive Principles are subordinate to the Fundamental Rights. The Directive Principles can be
implemented by amending the Fundamental Rights, as long as the alteration does not harm

Fundamental Rights Vs Directive Principles

Fundamental Rights Directive Principles

These are negative as they put limits on the state

capacity. These are positive as they empower the State to do
certain things.

These are justiciable in nature, that is, they are These are non-justiciable in nature, that is, they are
legally enforceable by the courts in case of their not legally enforceable by the courts for their
violation. violation.

They aim at establishing political democracy in the

country. They aim at establishing social and economic
democracy in the country.

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These have legal sanctions.

These have moral and political sanctions.

They promote the welfare of the individual.

They promote the welfare of the community.
Hence, they are personal and individualistic.
Hence, they are communitarian and socialistic.

They do not require any legislation for their

implementation. They require legislation for their implementation.
They are automatically enforced. They are not automatically enforced.

The courts cannot declare a law violative of any of

the Directive Principles as unconstitutional and
The courts are bound to declare a law violative of invalid.
any of the Fundamental Rights as unconstitutional
and invalid. However, they can uphold the validity of a law on
the ground that it was enacted to give effect to a
directive.

Implementation of Directive Principles

 Establishment of Planning Commission in 1950

 Measures taken to improve the condition of rural masses

 Abolition of intermediaries like zamindars, jagirdars, inamdars, etc

 Tenancy reforms like the security of tenure, fair rents, etc

 Imposition of ceilings on land holdings

 Distribution of surplus land among the landless labourers

 Cooperative farming.

 Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) to protect the interests of
women workers.

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 The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980 to safeguard the wildlife
and the forests respectively.

 73rd Amendment Act (1992) provides constitutional status and protection to the Panchayati Raj
Institutions (PRIs).

 Laws to prohibit the slaughter of cows, calves, and bullocks have been enacted in some states.

Directives Outside Part IV

These Directives are also non-justiciable in nature.

 Claims of SCs and STs in the appointment of services and posts in connection with the Union's or a State's
affairs (Article 335 in Part XVI).

 Instruction in mother tongue (Article 350-A in Part XVII).

 Every state and local government shall make every effort to provide suitable facilities for students
from linguistic minority groups to receive instruction in their mother tongue at the primary level
of education.

 Development of the Hindi Language (Article 351 in Part XVII).

 It is the duty of the Union to support the Hindi language's spread and development. So that, it can
serve as a medium of expression of India's composite culture.

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