(Directive Principles of State Policy)

In the fourth part of the Indian Constitution, Directive Principles of State Policy have been mentioned in
Articles 36 to 51. The creator of the Indian Constitution was a socialist in India. Wanted to create a
society. Therefore, by giving place to the Directive Principles of State Policy in the Constitution, the
framers of the Constitution gave instructions to the future rulers that they have to implement these
principles for the establishment of economic and social democracy in India.

(Nature of Directive Principles)

In fact, the Directive Principles are, in a way, fundamental rights, which are acceptable in nature and
without which the structure of a public welfare state and socialist society cannot be imagined.

(i) Objectives: These are the objectives of the Indian Constitution.

(ii) Letter of Instruction – This is a type of instruction letter, which is given by the Constitution to
the constitutional government of India.
(iii) No Jurisdiction – Article 37 of the Constitution states that the Directive Principles will not be
enforced by any court. In fact, Directive Principles are only the dedicated good wishes of the
government and not a mandate like the Fundamental Rights.
(iv) Basic governance principles Article 37 also accepts that these principles are the basic
principles of the state and it is the duty of the state to implement these principles through
law. These principles have been handed down to the rulers of India as a code of conduct.
The Supreme Court, while considering the case related to abolition of Zamindari and the
Kerala Education Act, had accepted that the Directive Principles should be guided even while
examining the legality of the laws.

Sources: Before India, Ireland had given place to the Directive Principles in its Constitution in 1937. Later,
countries like Burma, Thailand, Nepal etc. also gave them a place in their constitution. Difference
between Directive Principles and Fundamental Rights

(Distinction Between Directive Principles and state policy

Fundamental Rights)
The fundamental rights of the citizens are described in the third chapter of the Indian Constitution and
the directive principles of the state policy are described in the fourth chapter. The objective of both is
India’s progress and providing development opportunities to Indian citizens. Fundamental rights are the
ends and directive principles are the means. Nevertheless, there are the following differences between
these two-

(1) The most important difference between the Directive Principles of State Policy and fundamental
rights is that the fundamental right is justice and the Directive Principles of State Policy are not
 justifiable. This means that the courts can declare the laws that violate fundamental rights as
illegal, but the courts cannot declare the laws that are contrary to the Directive Principles of
State Policy as illegal.

(2) The second important difference between directive principles and fundamental rights is that
fundamental rights are restrictive whereas directive principles are positive instructions. This
means that fundamental rights order states not to do certain things, but directive principles are
some positive obligations towards the citizens of the state. 1
(3) There is also a difference between the Directive Principles and Fundamental Rights that
Fundamental Rights have legal significance but Directive Principles are only moral orders. They
do not have legal significance.
(4) There is also a difference between the Directive Principles of Policy and the Fundamental Rights
that fundamental rights have been provided to the citizens but the Directive Principles of Policy
are orders given to the State.

Inconsistency between the Directive Principles and the Fundamental Rights: Many issues of the Directive
Principles have gone against the fundamental rights granted to the citizens by the Constitution. Some
examples are as follows-

(a) To do In the 47th Article, the responsibility has been assigned to the state to enforce
prohibition
(b) Article 48 states that it should ban cow slaughter. Both the above articles are against
Article 19 (f) (g) of the Constitution.
(c) Article 39 states that the state will prevent decentralization of wealth from being
concentrated in the hands of a few individuals, but this is contrary to the provisions of
Article 31.

The mutual incompatibility of fundamental rights and directive principles became clear in the case
named ‘State of Madras vs. Champakan Durai Rajan’. The dispute was that seats in medical colleges were
reserved for Brahmins by the ‘Communal Order’ of Madras State and the applicant Durai Rajan, who was
a Brahmin, could not get admission in the college. In his petition, Durai Rajan described the government
order as a violation of the fundamental rights enshrined in Articles 15 (1) and 29 (3). The state
government will pay special attention to the educational and economic interests of the sections,
according to which its order is valid. The Supreme Court said in the decision that ‘Directive Principles’, in
respect of which there is a clear provision that they cannot be enforced by the courts, cannot override
the provisions of the Third Reading of the Constitution.

In a case named Qureshi vs State of Bihar, the court said that if any rule of the government is in
accordance with the Directive Principles and is contrary to the fundamental rights, then the Supreme
Court will declare that act of the government illegal.
 Analysis of Directive Principles)

(1) General principles – The first two of Articles 37, 38 and 49 of this chapter define the directive
principles and make arrangements for their enforcement.

According to Article 37, these principles cannot be enforced by the court. Besides, these were accepted
as the basic principles of governance. The state was instructed to implement them by making a law.

According to Article 49, the government should protect every monument or object declared by the
Parliament to be of national importance, which has historical and artistic importance, from being
contaminated, transferred or sent out.

(2) Gandhian principles Gandhian philosophy was the basic source of inspiration for the makers of
the Indian Constitution since the time of the freedom struggle. The following Gandhian elements
were given place in the directive principles-

(i) Panchayati State will establish Panchayati State in villages by organizing Gram
Panchayats as units of autonomous governance. (Article 40)
(ii) Upliftment of weaker sections – Will work for the promotion of educational and
economic interests of the weaker sections of the state, especially Harijans and
Scheduled Tribes. (Article 46)
(iii) Cottage industry: Cottage industry on individual and cooperative basis. The state will
encourage. (Article 43)
(iv) Agriculture and Animal Husbandry – The State will conduct agriculture and animal
husbandry in a scientific manner, protect the cow progeny, especially improve the
breed of calves, milk- giving and draft animals and prohibit slaughter. (Article 47)
(v) Prohibition of intoxicants: The State shall prohibit intoxicants except for medicinal
use only. (Article 47)

(3) Socialist principles- The Constituent Assembly was interested in establishing a public welfare
state based on socialist principles in India. There is a provision in Article 38 that, “The State shall
strive to promote public welfare by establishing and preserving as a means to the best of its
ability a social system in which social, economic and political justice animates all the institutions
of national life.” (Article 38) In this regard, the following socialist principles were described –
 (i) The state should provide means of subsistence to all citizens – men and women
equally. (Article 39)
(ii) Material resources shall establish proper details of ownership and control of the
material resources of the society for the public interest and welfare. (Article 39)
(iii) Money- will prevent centralization of money against public interest. (Article 39) (iv)
Equal pay – Will pay men and women for equal work. [Article 39 (A)]
(iv) Health of workers will prevent the workers from abusing the health and strength of
men and women and the tender age of children and will prevent such circumstances
Will end the situation in which citizens have to take up jobs contrary to their age and
capabilities. (Article 39 (A))
(v) Prohibition of exploitation will prevent exploitation, physical and moral
abandonment of children and adolescents. (Article 39 (A))
(vi) Work and assistance – Will give everyone the right to work and public assistance in
case of unemployment, old age and disability. (Article 41)
(vii) Humane conditions: Will establish fair and humane conditions of work and make
arrangements for maternity relief. (Article 42)
(viii) Law and economic combination will create such conditions through law and
economic combination in which workers in agriculture, industries and other sectors
get work and living wages and good standard of living and leisure and social and
cultural opportunities. (Article 43)
(ix) Welfare of weaker sections – Will make special efforts to improve the educational
and economic level of weaker sections of the society. (Article 46)
(x) High standard of living – Will maintain the nutritional value of people’s diet and high
standard of living. Will ban harmful alcoholic beverages. (Article 37)

(4) Intellectual liberal principles: The following types of principles are included in this category –
(i) The code of conduct is uniform for the citizens in the entire Indian territory.

Will try to achieve civil code. (Article 44) (ii) Free and compulsory education – Will provide free and
compulsory primary education to all children till the age of 14 years. (Article 45)

(iii) Will organize agriculture and animal husbandry in a scientific manner. (Article 48) (iv) Independent
Judiciary – The state will separate the judiciary from the executive. (Article 50)

(v) International Peace and Security will follow the policy of promoting national peace and
security in the international arena, maintaining just and respectful relations between nations
and encouraging efforts to settle international disputes through arbitration. (Article 51)
(5) International principle Article 51. According to the following states in the international arena-
Will try to comply with the written policy-

(i) International security and peace,

(ii) To maintain just and respectful relations between nations.
(iii) To increase respect for international law and treaty obligations among organized
people in their dealings with each other, and
(iv) To encourage efforts to resolve international disputes through arbitration.

Policy directive principles can be classified as follows-

(a) General Principles- In Articles 36, 37, 46 and

(b) Economic principles- Articles 38, 39, 41, 42, 45, 46 and 47.

© Legal principles in Articles 44 and 45.

Estimate of Directive Principles)

(1) Criticism: Since the time the Constitution was being made, there has been both strong
criticism and support for these principles –

(a) Prof. KT Shah has said in the Constituent Assembly that “It is like a cheque, the
payment of which is left to the discretion of the bank.”
(b) Constituent Assembly member Naseeruddin called them ‘resolutions passed
on the first day of the new year’.

© Hwyere called these ‘declarations of objectives and aspirations’.

(c) Constitutional conflict has been envisaged in the context of directive

principles. The fear was expressed that the Governor or the President, who
take oath to protect the Constitution, would veto any Bill on the ground that it
is against the Directive Principles,

(2) Utility: The utility of directive principles is as follows-

Decide your policy according to these principles.

What will happen if it is rejected? (i) Basic Basis Article 31 states that even if the Directive Principles are
not debatable, they are the basic basis of the governance of the State and it will be the duty of the State
to

(ii) Welfare State – Directive Principles declare the order of the State. It has been announced by them to
make India a welfare state.

(iii) Supplementary According to Justice Hegde, fundamental rights and directive principles are
complementary to each other, they complement each other.

According to Dr. Pyali, “The importance of these directive principles lies in the fact that they are positive
obligations of the state towards the citizens.”

In the words of M.C. Setalvad, “Even though these fundamental principles of state policy do not have
legal effect, they act as useful beacons for the courts.”