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Short Note on Directive Principles of State Policy – Article 36 to Article 51 of the

Constitution deal with the Directive Principles of State Policy. The Directive Principles
are the guiding principles for governance but are not enforceable by any court.
That does not change the fact that they are nevertheless fundamental to the governance
of this country. These principles provide the social and economic guidance for Indian
Democracy and pave the way for the establishment of a true welfare State.

As the name indicates, these principles command the State and its instrumentalities to
follow certain fundamental principles while formulating and pursuing policies.

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ADVERTISEMENTS:

These principles are the guiding light for the attainment of the objectives that our
Constitution aspires for. These principles chalk the path for the State to follow in order
to secure the greatest good for the greatest number in the way consistent with our
Constitutional philosophy and vision.

The Directive Principles envision for all citizens the equality of opportunity and adequate
means of livelihood, avoiding concentration of wealth in few hands. In short, the
Directive Principles envisage equality, liberty and freedom

Socialistic:- Socialistic DPSP’s are mirror to socialism Principle and i.e. based on
welfare of society with masses and welfare of underprivileged.

Under this articles are:-

 Article-38 :-Securing welfare of People

 Article-39 :-Distribution of resources, equal pay for work(introduced by 42nd amendment
1976), Protection of childhood
 Article-39 A:- Promotion of equal justice and to provide free legal aid to poor
 Article-41 :-To secure right to work to education and to public assistance in cases of
Unemployment, old age, sickness and disablement
 Article-42 :- Maternity relief(increased)
 Gandhian:- Gandhian Principles are based on Gandhian theory of state like
development of small scale industries and all.

Under this articles are:-

 Article-40 :- To organize village Panchayat

 Article-43 :- To secure living wage, decent standard of living and to promote cottage
industries(Introduced by 42ND Amendment)
 Article-46 :- To promote educational & economic interests of SC, STs and other Backward
educational class
 Article-47 :- Prohibit the consumption of intoxicating drinks and drugs
 Article-48 :- Prohibit slaughter of cattles

Liberal-Intellectual- These principles are based on new liberal principles which

developed with the society.

Under this articles are:-

 Article-44 :- Uniform Civil Code

 Article-45 :- To provide free and compulsory education to all children upto the age of 6
years(First age was 14 later on by 86thamendment it was amended to 6 years)
 Article-49 :- Protect Monuments of National Importance
 Article-50 :- Separate Judiciary from executive
 Article-51 :- To promote international Peace
 Article-48 A :- To protect environment
 Article-43B :- Promotion of cooperative societies(introduced by 97th amendment 2011)

Directive Principles of State Policy

January 6, 2016

Following the recent developments with respect to issues such as right to work, uniform
civil code, right to education etc., it has become imperative to pay closer attention to the
topic of Directives Principles of State Policy especially with respect to the preparation
for the civil services examination not only for preliminary and mains level, but also at
interview stage.
The Sapru committee in 1945 suggested two categories of individual rights. One being
the justiciable and the other being the non-justiciable.

The justiciable rights as we know are the Fundamental rights, whereas the non-
justiciable are the Directive Principles of State Policy.

Categories

1. Socialistic principles
2. Gandhian principles
3. Liberal-intellectual principles

Each category is discussed separately below:

Socialistic Principles

These principles cover the articles 38, 39, 39A, 41, 42, 43, 43A and 47 of the Indian
constitution. The name itself suggest that one of the aims of the directive principles is to
establish a socialistic pattern of society . Establishing a socialistic pattern would mean
welfare oriented policies by the government. This welfare should be both economic and
political along with social.

Gandhian Principles

The freedom struggle of India gave the direction to the policy makers to base their
policy making on the principles of Mahatma Gandhi. This is because the issues related to
grass root level were the closest to his heart and they in the real sense form the heart of
India.

Articles 40, 43, 43B,46, 47 and 48 can be termed as the directive principles based on the
Gandhian principles.
 Liberal-Intellectual Principles

Along with the realization regarding the importance of the grass root level and
establishing socialistic patterns in society, it is very important to direct our attention
towards the liberal principles as well because they are the ones that would form the
building blocks of the development of our country.

Articles such as 44, 45, 48, 48 A, 49, 50 and 51 fall under this category. Uniform Civil
Code, right to education, importance of conserving our environment are vital issues that
are given weightage under this category of principles.

Significance of Directive Principles of State Policy

The fact that Directive Principles are non justiciable in nature, makes it the matter of
criticism by some. However, it is the Directive Principles that reinforce the foundational
values listed in our Preamble. They serve as an obligation on the government to
formulate policies in the interest of the citizens of India. Also, they are ‘the instruments
of Instruments’ to the government to establish a social and order in the society.


Related Topics

Classification of Directives
The Directives are classified into three Charters.

 Social and Economic Charter

 Social Security Charter
 Community Welfare Charter
Social and Economic Charter

 Social order based on justice

 Constitution (44th Amendment) Act, 1978
 Air India Statutory Corporation v United Labour Union, AIR 1997 SC 645
  Social justice and equality are complementary to each other so that both should
maintain their vitality.
 Rule of Law is a potential instrument of social justice to bring about equality.
 Principles of policy to be followed by the State for securing economic justice
 Constitution (42nd Amendment) Act, 1978
 M C Mehta v State of Tamil Nadu, (1991) 1 SCC 283: Ruling against employment of
children in matches and fireworks factories; Directions given by SC
 State of Tamil Nadu v Abu Kavar Bai, (1984) 1 SCC 516: SC upheld state decision to
nationalize transport services on the ground that they give effect to directive principles
 Equal pay for equal work
 Randhir Singh v Union of India, AIR 182 SC 879: Equal pay for equal work is not a
fundamental right but certainly a fundamental goal and therefore cable of
enforcement through constitutional remedies under Article 32.
 State of AP v V G Sreenivasa Rao, (1989) 2 SCC 290: Higher pay to a junior in the
same cadre is not illegal and violative of Articles 14, 16 and 39(d) if there is a
rational basis for it.
 State of Haryana v Rajpal Sharma, AIR 1997 SC 449: Teachers employed in
privately managed aided schools in the State of Haryana are eligible for same salary
and dearness allowance as is paid to teachers of Government schools.
Social Security Charter

 Participation of workers in management of Industries

 Right to work, education and public assistance in certain cases
 Just and human conditions of work
 Living wage for workers
 Provision of early childhood care and education to children below the age of six years
 Constitutional (86th Amendment) Act, 2002: Education for children below the age of 14 is
made a fundamental right
 Duty to raise the standard of living and improving of health
 Promotion of educational and economic interest of weaker sections
 Equal justice and free legal aid to economically backward classes
Community Welfare Charter

 Uniform Civil Code

 Sarala Mudgal v Union of India, (1995) 3 SCC 635
 Pragati Varghese v Cyril George Varghese, AIR 1997 Bom. 349
 SC made it mandatory that all marriages should be registered irrespective of the religion
 Organisation of agriculture and animal husbandry
 Prevent slaughtering of cows and calves
 Protection and improvement of forests and wild life
 Protection of monuments and places and objects of national interest
 Separation of Judiciary from Executive
 Promotion of International peace and security
 Protection of Human Rights Act, 1993
 Organisation of Village Panchayats
Directives in other parts of the Constitution (Except part IV)
Article 350 A: It enjoins every State and every local authority within the
State to provide adequate facilities for the instructions in the mother tongue
at the primary stage to children of linguistic minority areas.
Article 351: It enjoins the Union to promote the spread of Hindi Language
so that it may serve as a medium of expression of all the elements of the
composite culture of India.
Article 335: It says that the claims of SC/ST shall be taken into
consideration, consistently with the maintenance of efficiency of
administration, in the making of appointments to services and posts in
connection with affairs of the Union or of a State.
Under the implementation of DPSP, Zamindari, Jagirdari & inamdari
systems were abolished & actual tillers of the soil were made owner of the
land.

DPSPs v/s FRs

DPSPs spell out
FRs provide the the character of
foundation of social &
political economic
democracy in democracy in
India India

DPSPs are
Lays down
positive / moral
negative
obligations of
obligation /
state towards
restriction on
the citizens
the state i.e. FRs
 are prohibitive
in nature

FRs have been DPSPs are laid

laid down in in general terms
clear legal and are sort of
language in moral
constitution obligations

FRs represent DPSPs

something static represents a
i.e. to preserve dynamic move
certain rights towards the
which already betterment of
exist the citizens

FRs are DPSPs are non-

justifiable in justifiable in
nature & can be nature & can
enforced in court not be enforced
of law in court of law

What if laws made by state giving effect to DPSP’s violates FR, can
they be valid? This question was raised before SC in 1951 in
Champakam Dorairajan case !
 SC held that they are supplementary to each other & no as such inherent conflict is between
them, thus, as far as possible, should be interpreted harmoniously. However, if it is not
possible, FRs will prevail over DPSPs means DPSPs can not override FRs, hence such a law
is void.

 On this ground, SC held Bank nationalisation act & Privy purse (abolition) act
unconstitutional

 In 1971, 25th amendment introduced a new article 31-c, which states that “if state enacts
any law giving effect to two directive principles viz. Equitable distribution of wealth (article
39-b) & Prevention of concentration of wealth in fewer hands (article 39-c), & in that process
if the law violates FRs (article 14, 19 & 31), it can not be held void merely on this ground.
 Article 31-c further states that such a law giving effect to 39 – b & 39 – c, can not be
questioned in court of law.

 25th amendment was challenged inKesavananda Bharati case (1973), in which SC held that
only first part of the article 31-c (overriding article 14, 19 & 31) is valid, but second part
which bars judicial review held unconstitutional.
 42nd amendment, 1976 further amended article 31-c & widened its scope & gave
precedence for all DPSPs over article 14, 19 & 31 & hence made them immune to judicial
review.
 Minerva Mills case, 1980: SC struck down the changes introduced by 42ndamendment in
article 31-c & held them unconstitutional on grounds that total exclusion of judicial review
would offend the basic structure of the constitution.

Presently, only article 39-b & 39-c can be given precedence over
articles 14 & 19
Basic aim of DPSPs is to set up social & economic goals before the law
makers
 To bring socio-economic change in the country
 To fulfill the basic needs of the common man
 To reshape the structure of Indian society in direction of
greater socio-economic equality.

DPSPs are fundamentals in governance of the country & shall be considered

dutifully by the state while making laws, but DPSPs are not enforceable in
court of law
 If state fails to fulfill these obligations, one cannot go to court of law
 DPSPs only provides a yardstick for measuring success or failure of
the government

One of the distinctive features of Indian Constitution is the inclusion of the Directive Principles of State Policy or
DPSPs. Borrowed from the Irish Constitution, the makers of our Indian Constitution incorporated these principles in
Part IV of the Constitution from Art. 36 to Art. 51. These principles were deemed fundamental in the governance of
the country which epitomized the hopes and aspirations of the Indian people. The Irish Constitution had greatly
impressed the members of the Constituent Assembly . The members of the Constituent Assembly watched that most
of the new constitutions that came in to being after World War I particularly of Germany and East European countries,
had recognized that one of the chief functions of the State must be to foster and secure the social well-being of the
citizens and the economic prosperity of the nation . Such attitude impressed our Constitution makers to incorporate
these principles in our Constitution
 The Directive Principles are some affirmative instructions to the State authorities to secure to all citizens justice-
social, economic and political ; liberty of thought, expression, belief, faith and worship; equality of status and
opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity
of the nation . These principles underline the philosophy of Democratic Socialism to secure the high ideals set forth in
the Preamble to the Constitution. It is the duty of the State to follow these principles both in the matter of
administration as well as in the making of laws because the basic aim of the Directive Principles is to establish a
welfare state where economic and social democracy might flourish.

The Directive Principles of State Policy may be classified under several groups, covering socio-economic rights to
statements of international policy of the country . Significantly, these principles are not justiciable in character. They
can not be enforced by the courts of law if the State does not follow these principles in matters of administration as
well as in making of laws . But it is the duty of the State to follow them to promote fraternity and equality and to
guarantee justice to the people of the country. Nevertheless, The Directive Principles are regarded as the basic
foundation of democracy and welfare State. They are incorporated in the Constitution to meet economic and social
aspirations of the people of our country. Political democracy requires for its success economic security. Therefore the
makers of our Constitution incorporated the Directive Principles as supplement to the Fundamental Rights. The
Directive Principles provide some economic principles to secure economic justice and security.

FEATURES OF DIRECTIVE PRINCIPLES OF STATE POLICY

The Directive Principles of State Policy incorporated under Chapter-IV from Article 36-Article 51 possess the following
features:

 Directive Principles of State Policy are some instructions to the State for achieving socio-economic development.
 Directive Principles of State Policy are not enforceable in the courts and no one can go near the court for its proper
implementation.
 Directive Principles of State Policy are positive in nature . These principles increase power and functions of the State
.
 Directive Principles of State Policy aims at establishment of a welfare state by securing social and economic justice.
These principles are based on socialist thinking .
 These principles are indispensable for socio-economic development of our country .Because welfare and justice are
the twin objectives of our Constitution.
 These principles have great moral value also. It constitutes the conscience of our Constitution . No responsible govt.
can dare to go against these principles.
 Directive Principles of State Policy constitute the mirror of public opinion .These principles always reflect the will of
the people .These are embodied in the Constitution to the meet the aspirations of the people .
 These are fundamental in the governance of the country . The State should follow these principles for progress of the
country .

CLASSIFICATION OF DIRECTIVE PRINCIPLES

(i) Socialist and Economic Principles: The socialist and economic principles always aim to shape our country in to a
Welfare State. Art. 38(1) provides that the State shall promote the welfare of the people by securing and protecting as
it may a social order in which justice – social, economic, and political shall inform all the institutions of national life.
The State shall strive to minimize the inequalities in income and try to eliminate inequalities in status, facilities and
opportunities among individuals and groups engaged in different vocations within the country (Art.38-2). Thus
promotion of welfare of people by securing a social order where justice shall prevail is the objective of our
constitution. To ensure such objectives the State shall direct its policy in securing-

· adequate means of livelihood for all citizen irrespective of men and women equally ;
· equal distribution of wealth and resources among all classes ;
· equal pay for equal work for both men and women ;
· just and humane conditions of work, a decent standard of living , full employment, leisure and social and cultural
opportunities;
· participation of workers in the management of undertakings and establishments ;
· protection of children, youth against exploitation and against moral and material abandonment. The forty-two
amendment altered this provision and provides that “ children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against moral
and material abandonment”;
· Provision of work and compulsory education for all people, relief in case of unemployment, old age, sickness and
disability and other cases of undeserved want ;
· equality of opportunity and status for all individuals ;
level of nutrition and standard of living of the people ;
· public health and enforce prohibition of consumption of intoxicating drinks and drugs;
· environment safeguarding forest and wild life of the country ;
· a uniform civil code throughout the country ;
· protection of adult and child labour.

(ii) Gandhian Principles: Principles enjoined under Gandhian principles in Article 40, Article 43, Article 47 and Article
48 are some ideals of Mahatma Gandhi followed during his life time. Our constitution framers wanted to implement
these ideals to fulfill his dream. The State shall take steps-

· to organize village panchayats and endow them power and authority to enable them to function as unit of self-
government. ;
· to promote cottage industries and village industries on an individual or co-operative basis in rural areas ;
· to prohibit consumption of intoxicating and injurious drinks and drugs;
· to promote educational and economic interests of the weaker sections of the people particularly SCs, STs to
establish social justice and equity ;
· to organize agricultural and animal husbandry on modern and scientific lines ;
· to prohibit the slaughter of cows and other useful cattle ;
· to protect and improve environment and safeguard the forests and wild life of the country ;
· to protect, preserve and maintain places of national historical importance ;
· to separate the judiciary from the executive.

(iii) International Principles: Principles enjoined in Art. 51 under international principles are some provisions to the
State relating to ensure international peace and security. The State shall attempt –
· to promote international peace and security ;
· to maintain just and honorable relations between nations ;
· to foster respect for international law and treaty obligation ;
· to encourage settlement of international disputes by arbitration.

IMPLEMENTATION OF DIRECTIVE PRINCIPLES

 The constitution framers enshrined so many principles in order to establish a new social order in which justice –
social, economic and political shall prevail. To ensure minimum basic necessities of citizen in civilized society and to
establish a democratic setup rest on social justice, the constitution framers adopted peaceful and evolutionary
method followed by constitutional reform. To fulfill basic objective, the State has been charged to make effective
provisions for securing the Right to work, to education and to public assistance in case of unemployment, old age,
sickness and disablement and in other cases of undeserved want (Art.-41). To implement and translate such
directives into action, the govt. has taken so many steps coloured by these directive principles. The government has
enacted social, labour and economic legislations besides industrial, agricultural and taxation policies. For example,
The Taxation Inquiry Commission, 1953 –54 was asked to examine the tax structure and to suggest measures to
reduce the inequalities of income and wealth and some other related subjects. The industrial Development And
Regulation Act 1954 and the establishment of the Monopolies Inquiry Commission in 1965 were aimed to achieve the
objective outlined by the Taxation Inquiry Commission. The Monopolies Commission made probing inquiries in to the
causes and extent of concentration of economic power in private hands, the factors responsible for monopolies
tendencies in the national economy and their social consequences. Similarly in the early years of the 1950s Land
Reform Legislation was enacted to abolish intermediaries and zamindari system and now land, both rural and urban,
is subject to ceilings and the surplus land has gone to the weaker sections of the community. In compliance with such
laws, many States has enacted separate State act to prevent concentration of land holdings and fixed a ceiling for an
individual owner. A large number of laws have been enacted to implement organization of village panchayat as a unit
of self-govt. (Art.40) all over the country and specially, the govt. has enacted the historic seventy-third and seventy-
fourth constitution amendment act. 1992 to build Panchayati Raj Institutions as an administrative unit. Now
panchayats have been assigned 29 departments. With full power so that people of village can fulfill their long
standing dreams by their sufficient support and participation . Most of the States has enacted their own State
panchyat act with same spirit of the main act and devolved funds, functions and functionaries to make panchyat as an
institution of self- government. For the promotion of cottage industries (Art.43), steps have been taken to encourage
the masses. Besides the Government has established the All India Handicrafts Board, The All India Handloom Board,
The Small –Scale Industries Board, The Silk Board, The Coir Board etc. for promotion of cottage industries. The
National Small Industries Corporation, the Khadi and Village Industries Commission, have been set up for the
development of the Khadi and Village Industries. Various measures including employment generation schemes have
been undertaken to promote and uplift of SCs, STs and Other Backward Classes. Legislation for compulsory primary
education (Art. 45) has been enacted. For raising the standard of living ( Art.47) the Govt. of India adopted the first
ever large scale programme called Community Development Project in 1952 for rural re-construction in the field of
communication, transport, housing facilities, sanitation , agriculture, education etc. Regarding prohibition of
intoxicating drinks and drugs (Art. 47) most of the States has enacted legislation and imposes some restrictions on it .
Necessary legislation has been enacted to protect places and monuments of national importance. As to the
separation of the executive form the judiciary (Art.-50) most of the States have taken legislative measures. Steps
have been taken to assist and give free legal aid to needy village people. Lastly, the Government of India has
enacted the National Rural Employment Guarantee Act (NREGA) to ensure hundred days work assistance to rural
people which is in conformity to the Right to work enshrined in the Directive Principles of State Policy of the Indian
Constitution.

The principle of International peace and security enshrined in Art.51 finds its full expression in the external policy of
India. After Independence, the Government. of India under the leading role of Pandit Jawahar Lal Nehru advocated
many ideals of peace and mutual tolerance.

However, the Directive Principles cannot be enforced in a court of law and the State cannot be sued
for non-compliance of the same. This indeed makes the Directive Principles a very interesting and
enchanting part of the Constitution because while it does stand for the ideals of the nation, these
ideals have not been made mandatory

Implementation of the Directive Principles

As mentioned earlier, unlike the fundamental rights which are guaranteed by the Constitution of India,
the Directive Principles do not have a legal sanction and cannot be enforced in a court of law.
However, the State is making every effort to implement the Directive Principles in as many sectors as
possible. The noteworthy implementation is the 86th constitutional amendment of 2002 which inserted
a new article, Article 21-A, making free education for children below the age of 14 compulsory.
Prevention of Atrocities Act safeguarding the interests of SC and ST, several Land Reform Acts,
Minimum Wage Act (1948), are a few other examples of the implementation of the Directive
Principles. Based on the guidelines of the Directive Principles, the Indian Army has participated in 37
UN peace-keeping operations.

Conclusion
There is no doubt about the fact that the Directive Principles of the Indian Constitution are the moral
precepts with an educative value and stand for the ideals of this great nation. Ambedkar considered
them as powerful instruments for the transformation of India from a political democracy into an
economic democracy.The directives will help find the perfect way to a bright future through balanced
inclusion of both individual liberty as well as public good. This instrument of instruction should be
adopted with open arms to help transform India into a power to reckon with.

As the very term “Directives” indicate, the Directive principles are broad directives given to
the state in accordance with which the legislative and executive powers of the state are to be
exercised.

Part IV of the constitution does not form an operative part of the constitution. The
directives are non-justiciable in character. The courts cannot compel the
governments to enforce the directives.

But if there is no judicial sanction behind the directives, there are certainly political
sanctions. Art. 37 make the directives, “fundamental in the governance of the country
and in… making laws.” Hence the government cannot totally ignore them, for fear of
adverse popular reaction. The opposition inevitably takes the government to task
whenever the directives are blatantly ignored, thus scoring a political point.

The non-justiciability of part IV has exposed the directives to trenchant criticism.

Jennings calls them “pious aspirations,” and “Fabian socialism without socialism.”
Where characterizes them as “paragraphs of generalities.”

Yet many scholars appreciate the value of the directives. Sir B. N. Rau regards
them as “moral precepts” with an educative value. Ambedkar considered them as
powerful instruments for the transformation of India from a political democracy into
an economic democracy. The directive principles according to Granville Austin, are
“positive obligations”… to find a piddle way between individual liberty and Public
good. “The directives constitute a sort of “instrument of instruction” to all
governments in the great task of transforming a laissez-fire society into a welfare
state, a socialistic pattern of society and eventually into a socialist society.
SIGNIFICANCE
1. Directive Principles are backed by Public Opinion:
It is true that Directive Principles are non-justiciable. These are not backed by
legal sanctions. However, these are backed by public opinion, which is in
reality the real sanction behind every law.

2. Provide for a Welfare State:

The Directive Principles clearly lay down the philosophical foundations of a
welfare polity. These make it a responsibility of the State to secure it through
welfare legislation. These also provide that a welfare state stands for securing
of Justice—social, economic and political for all the people.

3. Importance as Moral Ideals:

Directive Principles are indeed of the nature of moral ideals. They constitute a
moral code for the State. This does not reduce their value. Through these the
founding fathers placed before the nation the goals and ideals which are to be
achieved through future legislation.

State is a human social institution. Government is always made and managed

by the people. Just as people have a moral code which guides their behaviour
in society, likewise there is every justification for the existence of a moral code
for the men who form and run the government of the state.

4. Directives Constitute a Guide for the State:

Directive Principles act as a guide to the government for making policies and
laws for the purpose of securing justice and welfare.

5. Source of continuity in Policies:

The Directive Principles are a source of continuity in the policies of the
government. In a democratic system, the governments change after regular
intervals and each new government has to make policies and laws. The
presence of Directive Principles ensures that every government, whether it is
formed by a rightist or a leftist party, will exercise its power for implementing
Directive Principles.

6. Directive Principles are Supplementary to the Fundamental

Rights:
Directive Principles are the positive directions to the State for securing and
strengthening the socio-economic dimension of Indian democracy. These aim
at the establishment of socio-economic democracy. These are supplementary
to Fundamental Rights which provide for civil and political rights and
freedoms.

7. Yardstick for measuring the Worth of the Government:

Directive Principles of State Policy constitute a yardstick with which the
people can measure the worth of a government. A government which ignores
the task of implementing the Directive Principles can be rejected by the people
in favour of a government by another political party which can be expected to
give due importance to the task of securing the Directive Principles.

8. Helpful in the interpretation of the Constitution:

The Directive Principles constitute a manifesto of the aims and goals of the
nation. These reflect the wisdom and views of the founding fathers of the
constitution. These reflect the philosophy of the Constitution and hence
provide useful help to the courts in their task of interpreting the Constitution.

9. Ambiguity of Directive Principles is Useful:

The Directive Principles have been couched in words which are not very rigid
in their meanings. This ambiguity has been helpful in so far as it helps the
State to interpret and apply these principles in accordance with the socio-
economic environment which prevails at a given time.

Thus, the inclusion of Part IV containing the Directive Principles of State

Policy in the Constitution has been a welcome, worthwhile and useful decision.
The Directive Principles provide for necessary and good foundations for the
Indian state as a democratic and welfare polity. The securing of Directive
Principles alone can complete our democratic system, supplement the
Fundamental Rights of the people and build a welfare state characterised by
Justice, Liberty, Equality and Fraternity. In the words of M.C. Chagla,: “If all
these principles are carried out, our country would indeed be a heaven on
earth.”

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Features of The Directive Principles

1. The term Directive Principles of StatePolicy signifies the ideals that the State
should keep in mind while making policies and enacting laws. These are the
constitutional instructions or recommendations to the State in legislative,
executive and administrative matters. According to Article 36, the term ‘State’ in
Part IV has the same meaning as in Part III dealing with Fundamental Rights.
Therefore, it includes the legislative and executive organs of the central and state
governments, all local authorities and all other public authorities in the country.
2. The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in
the Government of India Act of 1935. According to Dr B. R. Ambedkar, ‘the
Directive Principles are like the instrument of instructions, which were issued to
the Governor-General and to the Governors of the colonies of India by the British
Government under the Government of India Act of 1935. What is called Directive
Principles is merely another name for the instrument of instructions. The only
difference is that they are instructions to the legislature and the executive’.
3. The Directive Principles constitute a highly extensive economic, social and
political programme for a modern democratic State. They aim at realising the
high ideals of justice, liberty, equality and fraternity as outlined in the Preamble
to the Constitution. They embody the concept of a ‘welfare state’ and not that of
a ‘police state’, which existed during the colonial era. In brief, they seek to
establish economic and social democracy in the country.
4. The Directive Principles are non-justiciable in nature, that is, they are not legally
enforceable by the courts for their violation. Therefore, the government (Central,
state and local) cannot be compelled to implement them. Nevertheless, the
Constitution (Article 37) itself says that these principles are fundamental in the
governance of the country and it shall be the duty of the State to apply these
principles in making laws.
5. The Directive Principles, though non-justiciable in nature, help the courts in
examining and determining the constitutional validity of a law. The Supreme
Court has ruled many a times that in determining the constitutionality of any law,
if a court finds that the law in question seeks to give effect to a Directive Principle,
it may consider such law to be ‘reasonable’ in relation to Article 14 (equality
before law) or Article 19 (six freedoms) and thus save such law from
unconstitutionality.
 Classification of The Directive Principles

The classification of Directive Principles of State Policy have not been mentioned
in the constitution of India. On the basis of their direction in various perspectives,
we can divide them into three categories, i.e. socialistic, Gandhian and liberal–
intellectual.

Socialistic Principles

These principles reflect the ideology of socialism. They lay down the framework of
a democratic socialist state, aim at providing social and economic justice, and set the
path towards welfare state.

Following Articles state the guidelines of Socialistic Principles of state policy:

 Article 38: To promote the welfare of the people by securing a social order
permeated by justice social, economic and political and to minimise inequalities
in income, status, facilities and opportunities.
 Article 39: To secure
1. the right to adequate means of livelihood for all citizens;
2. the equitable distribution of material resources of the community for the
common good;
3. prevention of concentration of wealth and means of production;
4. equal pay for equal work for men and women;
5. preservation of the health and strength of workers and children against
forcible abuse; and
6. opportunities for healthy development of children.
 Article 39 A: To promote equal justice and to provide free legal aid to the poor.
 Article 41: To secure the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement.
 Article 42: To make provision for just and humane conditions for work and
maternity relief.
 Article 43: To secure a living wage7, a decent standard of life and social and
cultural opportunities for all workers.
 Article 43 A: To take steps to secure the participation of workers in the
management of industries.
 Article 47: To raise the level of nutrition and the standard of living of people and
to improve public health.

Gandhian Principles

These principles are based on Gandhian ideology. They represent the programme of
reconstruction enunciated by Gandhi during the national movement. In order to fulfil
the dreams of Gandhi, some of his ideas were included as Directive Principles.

Following Articles state the guidelines of Gandhian Principles of state policy:

 Article 40: To organise village panchayats and endow them with necessary
powers and authority to enable them to function as units of self-government.
 Article 43: To promote cottage industries on an individual or co-operation basis
in rural areas.
 Article 43 B: To promote voluntary formation, autonomous functioning,
democratic control and professional management of co-operative societies.
 Article 46: To promote the educational and economic interests of SCs, STs, and
other weaker sections of the society and to protect them from social injustice
and exploitation.
 Article 47: To prohibit the consumption of intoxicating drinks and drugs which
are injurious to health.
 Article 48: To prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds.

Liberal–Intellectual Principles

The principles counted in this category signify the ideology of liberalism. Following
articles state the guidelines of Liberal–Intellectual Principles of state policy:

 Article 44: To secure for all citizens a uniform civil code throughout the country.
 Article 45: To provide early childhood care and education for all children until
they complete the age of six years.
 Article 48: To organise agriculture and animal husbandry on modern and
scientific lines.
 Article 48-A: To protect and improve the environment and to safeguard forests
and wild life.
 Article 49: To protect monuments, places and objects of artistic or historic
interest which are declared to be of national importance.
 Article 50: To separate the judiciary from the executive in the public services of
the State.
 Article 51: To promote international peace and security and maintain just and
honourable relations between nations; to foster respect for international law and
treaty obligations, and to encourage settlement of international disputes by
arbitration.


Part IV of the Constitution commences with Article 37, which states:

 “The provisions contained in this Part shall not be enforceable by any

court, but the principles therein laid down are nevertheless fundamental in
the governance of the country and it shall be the duty of the State to apply
these principles in making laws.”

 Each of the three highlighted terms is susceptible to different

interpretations.First – non-enforceability means, of course, that one may not
ask the Courts to strike down a law for violating the Directive Principles
(contra fundamental rights). But does non-enforceability also bar the Courts
from using the Directive Principles in considering, interpreting and
adjudicating upon other laws?Secondly – our enforceable Part III rights are
specifically defined as “fundamental rights”. Does the use of the same word
in Article 37 imply some degree of conceptual overlap between Parts III and
IV? And thirdly – what is the nature of the “duty” that Article 37 imposes
upon the State? Is it a constitutional duty, a legal duty or a moral duty? And
what are the consequences? A purely textual reading of Article 37 cannot
answer any of these questions, and is insufficient to inform our
understanding about the nature of the Directive Principles, and their place in
constitutional adjudication.
 At one end of the spectrum stands H.M. Seervai, who argues that the
Directive Principles are nothing more than political exhortations to the
legislature, and can only be “enforced” at the ballot box. According to
Seervai, a Court may not even take note of the existence of the DPSPs
(much less their content) in deciding any case, constitutional or otherwise.
And in the first ten years after the Constitution came into being, the
judiciary adopted this approach. InState of Madras v. Smt Champakam
Dorairajan, for instance, the State’s justification of caste-based reservations
under Article 46 of the Constitution was rejected on the ground of the non-
enforceable character of the DPSPs. Similarly, in Muir Mills vs Suti Mills
Mazdoor Union, the Court refused to invoke the DPSPs even to interpret the
law on workmen’s right to bonus payments, sticking instead to the
traditional common law of wages and bonuses. Various High Courts
followed this approach, taking non-enforcement to be equivalent
to constitutional irrelevance. For instance, in Jaswant Kaur vs State of
Bombay, the Bombay High Court unambiguously held that “any article
conferring fundamental rights cannot be whittled down or qualified by any
thing that is contained in part IV of the Constitution.”

 This approach reached its apogee in the famous cow-slaughter judgement of

1959 – Mohd Hanif Qureshi v. State of Bihar. Bihar’s cow slaughter ban
was justified by arguing that it was designed to give effect to Article 48.
Rejecting this contention, the Court noted:

 “… a harmonious interpretation has to be placed upon the Constitution and

so interpreted it means that the State should certainly implement the
directive principles but it must do so in such a way that its laws do not take
away or abridge the fundamental rights.”

 In other words, while the State ought to make laws implementing the
directive principles, Part III rights, standing alone and interpreted
autonomously, would place a check upon such endeavours. The Directive
Principlesought to have some role to play at the time of enacting legislation,
but none afterwards. This was evident in the manner in which the Court
 decidedQureshi. Its exhaustive economic analysis informing the application
of Article 19(1)(g) and 19(6) saw little reference to the DPSPs.

 That same year, however, marked a subtle – yet distinct – change. In Re

Kerala Education Bill dealt with the rights of minorities to run educational
institutions. Referring to the Directive Principle (Article 45) that mandated
the State to ensure the provision of effective and adequate education, the
Court observed:

 “The directive principles of State policy have to conform to and run as

subsidiary to the Chapter on Fundamental Rights… nevertheless, in
determining the scope and ambit of the fundamental rights relied on by or
on behalf of any person or body the court may not entirely ignore these
directive principles of State policy laid down in Part IV of the Constitution
but should adopt the principle of harmonious construction and should
attempt to give effect to both as much as possible.”

 Notice that while both Mohd Hanif Qureshi and Re Kerala Education
Bill use the phrase “harmonious construction/interpretation”, they use it in
different senses. Qureshi’s harmony does not accord any interpretive role to
the Directive Principles. In Re Kerala Eduction Bill, on the other hand,
while reaffirming the primacy of the fundamental rights, the Court
nonetheless opens the gates for DPSPs to play a tangible – if subsidiary role
– in interpretation, holding that the “scope and ambit” of the fundamental
rights should be determined in such a harmonious way, that full effect is
given both to Part III and Part IV.

 Before we pause to examine the evolution of this approach, we must

examine the constitutional arguments that support this position. The first is
textual. Article 37 states that it shall be the duty of the State to apply the
Directive Principles in making laws. Now, whether the obligation is legal,
moral or political, it is, at the very least, a Constitutional obligation. And if
we are to accept the benign fiction that the legislature is composed of
reasonable persons pursuing reasonable ends reasonably, then it makes
 sense to assume that, insofar as the parliament acts in good faith while
enacting laws, it is taking the DPSPs seriously, and applying them in the
making of such laws. Consequently, when a Court is called upon
to interpret those laws, it may assume that Parliament has legislated in
consonance with the DPSPs and, therefore, may invoke them in determining
the content of laws. Thus, textually, there is at least some scope for the
DPSPs in an interpretive enquiry (the clause leaves open what scope,
exactly) that does not rise to the level of “enforcement”. According to
Ambedkar himself, the proscription on enforceability was to be as imposing
no obligation upon the State to act upon the Directive Principles – not that
the principles themselves were irrelevant in understanding how the State had
(legislatively) acted, once it did.

 Seervai relies upon Ambedkar’s initial speech in the Constituent Assembly

Debates to substantiate the ballot-box argument. Ambedkar, however, made
the ballot box point in a very specific context: to draw a contrast between
requiring the government to answer for the breach of a directive principle in
a Court of law, and to answer for it to the electorate. That is, he was
concerned about non-enforceability which, as we have seen, does not
exhaust the textual possibilities of Article 37. In the same speech, indeed,
Ambedkar repudiated the objection that the DPSPs were no more than pious
wishes, arguing that nolegal force did not imply no bindingforce.
Ambedkar’s use of the word “binding” (as opposed to “political” or
“moral”), a word that is equally at home in both a legal and a non-legal
context, seems to indicate that the Principles, while falling well short of
enforceability, were not meant to be
legally irrelevanteither. Responding subsequently to Naziruddin
Ahmad’s call to remove Part IV altogether, he expressly argued that the
Principles were both fundamentaland directive in the sense that they “should
be made the basis of all executive and legislative action.”

 Other members of the Drafting Committee agreed. Alladi Krishnaswamy

Iyer argued that while the Directive Principles were
neither justiciable notenforceable, it would be “idle to suggest that any
 responsible government or any legislature elected on the basis of universal
suffrage can or will ignore these principles.”The use of the word “can” (in
addition to “will”) is telling: it suggests that it is simply not open to the
legislature to ignore the Principles, whether it chooses to or not. But the
only way in which this makes sense would be if the Court was to impose the
legal fiction that we have discussed before – that the legislaturehas applied
the Directive Principles in the making of laws (whether or not individual
legislators consciously did so).

 Evidence that what distinguished Part III and Part IV, in the mind of the
framers, was a narrow conception of legal enforceability/remedies is evident
from the debate over Draft Article 36. Originally worded as “every citizen
isentitled to free primary education…”, it was amended to “The State shall
endeavour to provide… free and compulsory education” – on the specific
ground that the language of entitlement (which, of course, logically entails a
remedy) was the language of fundamental rights. In addition, as
Minattur points out, the fact that the word “enforceable” in Article 37 was
actually brought in to replace the word “cognizable” (which is of much
wider import), makes the argument compelling.

 To these arguments, we can add a brief, structural point. The principle of

non-superfluity is a standard interpretive technique, based on the assumption
that the legislature does not waste its words. Thus, an interpretation that
renders a part of a statute legally irrelevant is to be avoided, if possible.
Surely the same argument applies with even greater force to the
Constitution: ceteris paribus, an interpretation that renders an entire
Chapter constitutionally irrelevant is to be avoided, if possible. The above
arguments have been designed to demonstrate that at the very least, an
interpretation that does not do so is feasible.

 In sum, therefore, the text, history and structure of the Constitution suggest
the following holistic reading of Article 37: the first part – the non-
enforceability clause – is limited to just that: citizens may not move the
Court seeking remedies for either breach of a directive principle, or for
 requiring Parliament toenact a directive principle into law. The second and
third parts – that specify the fundamental nature of the Principles and the
duty of the State to apply them –set out an interpretive role for the Principles
to play in determining thelegal meaning of statutes. Article 37, thus, is
janus-faced: it carves out a sphere in which the Directive Principles have no
role to play, and at the same time, carves out another sphere in which they
do. I suggest, therefore,contra Mr. Seervai, that in In Re Kerala Education
Bill, therefore, the Supreme Court was correct in turning away from its own
earlier jurisprudence.

Relation Between Fundamental Rights and Directive Pinciples

 The Supreme Court in various cases has evolved a ‘Doctrine or Theory of
Harmonization’

 It has further stated that both the Fundamental Rights and the Directive
Principles are in fact supplementary to each other and together constitute an
integrated scheme.

 It has also held that where this is not possible, the Fundamental Rights shall
prevail over the Directive Principles.

 The present position is that only Article 39 (b) and Article 39 (c) can be given
precedence over Article 14, 19 and not all the Directive Principles.

peacekeeping operations of the UN (Somalia in 1992 − 93; Sierra Leone in 2000);

pioneering and leading the Non-Aligned Movement and so on:

Difference between FR & DPSP

 The Fundamental Rights provide the foundation of political democracy in India
whereas the Directives spell out the character of social and economic democracy
in India.

 Fundamental Rights are in the form of negative obligations of the State i.e..
Injunctions against the actions of the State. The Directive Principles are, on the
contrary, positive obligations of the State towards the citizen.

 Whereas the Fundamental Rights are justiciable, the Directive Principles are
nonjusticiable.
Importance of the DPSP
 Article 37 declares Directive Principles as fundamental in the Governance of the
Country.

 Since the Government is answerable to the people, the Directive Principles act as a
sign post to all succeeding Governments.

 The Directive Principles provide the yardstick for assessing the successes or
failures of these Governments.

Uniform Civil Code

 By uniform civil code, it is meant that all sections of society irrespective of their
religion shall be treated equally according to a national civil code, which shall be
uniformly applicable to all.

 Civil code covers areas like marriage, divorce, maintenance, inheritance,

succession of property and adoption.

 Uniform civil code (UCC) has been provided under Art 44 of the Constitution as a
directive principle.

 It will enhance the status of women and therefore, it is vitally desired to achieve
the empowerment of women.

 Articles 25 and 26 guarantee right to freedom of religion and UCC is not opposed
to secularism or will not violate these articles.

 Article 44 is based on the concept that there is no necessary connection between

religion and personal law in a civilised society.

 Marriage, succession and like matters are of secular nature and, therefore, law can
regulate them.

 The UCC will not and shall not result in interference of one's religious beliefs
relating, mainly to maintenance, succession and inheritance. But in matters of
inheritance, right to property, maintenance and succession, there will be a
common law.

 Article 25 confers right to practice and profess religion, while Article 44 divests
religion from social relations and personal law.

 According to Justice R M Sahai Freedom of religion is the core of our culture. But
religious practices, violative of human rights and dignity and sacerdotal
 suffocation of essentially civil and material freedoms are not autonomy but
oppression.

Earlier Supreme Court Verdicts

Shah Bano case
 In Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah
Bano case, a penurious Muslim woman claimed for maintenance from her
husband under Section 125 of the Code of Criminal Procedure after she was given
triple talaq from him.

 The Supreme Court held that the Muslim woman have a right to get maintenance
from her husband under Section 125.

 After this decision, nationwide discussions, meetings, and agitation were held.

 The then Rajiv Gandhi led Government overturned the Shah Bano case decision
by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which
curtailed the right of a Muslim woman for maintenance under Section 125 of the
Code of Criminal Procedure.

Sarla Mudgal case

 The second instance in which the Supreme Court again directed the government
of Article 44 was in the case of Sarla Mudgal v. Union of India.

 In this case, the question was whether a Hindu husband, married under the Hindu
law, by embracing Islam, can solemnise second marriage.

 The Court held that a Hindu marriage solemnised under the Hindu law can only
be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955.

 Conversion to Islam and marrying again would not, by itself, dissolve the Hindu
marriage under the Act. And, thus, a second marriage solemnised after converting
to Islam would be an offence under Section 494 of the Indian Penal Code.

John Vallamatton case

 The priest from Kerala, John Vallamatton filed a writ petition in the year 1997
stating that Section 118 of the Indian Succession Act was discriminatory against
the Christians as it impose unreasonable restrictions on their donation of property
for religious or charitable purpose by will.

 The Supreme Court struck down this Section in 2003 declaring it to be

unconstitutional.
 Thus, the apex court has on all these instances directed the government to realise
the directive principle enshrined in our Constitution and asked to implement UCC
as early as possible.