1

DIRECTIVE PRINCIPLES OF STATE

POLICY
2

 The Directive Principles are

instructions to the State
authorities to secure to all
citizens justice- social,
economic and political
 The makers of the Constitution
of India were influenced by
the Irish nationalist movement
 The concept of Directive
Principles of State Policy was
borrowed from the Irish
Constitution (Ireland borrowed
from Spain)
3

 The Indian constitution was also influenced by the United Nations Universal
Declaration of Human Rights
 Ambedkar described these principles as novel features of the Indian
Constitution
 It is contained in Part IV of the Constitution of India
 It is between Art 36 and Art 51
 It mainly contains three things
 Goals and objectives, we as a society should adopt
 Certain rights that individuals should enjoy apart from fundamental rights
 Certain policies that Government should adopt
4

 Art 36. Definition.—In this Part, unless the context

otherwise requires, “the State” has the same
meaning as in Part III.
 Art 37. Application of the principles contained in
this Part.—
 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.
5

 Art 38. State to secure a social order for the promotion of welfare of
the people.—(1) The State shall strive to promote the welfare of the
people through a social order in which justice, social, economic and
political, shall be present in all the institutions of the national life.
 (2) The State shall, in particular,
 strive
to minimise the inequalities in income,
 and endeavour to eliminate inequalities in status, facilities and opportunities,
amongst individuals and groups of people residing in different areas or
engaged in different professions
 Art 38 is a socialistic principle
6

 Art 39. Certain principles of policy to be

followed by the State.—The State shall, in
particular, direct its policy towards
securing—
 (a) that the citizens, men and women equally,
have the right to an adequate means of
livelihood;
 (b) that the ownership and control of the
material resources of the community are so
distributed to serve the common good;
 (c) that the operation of the economic
system does not result in the concentration of
wealth and means of production to the
common detriment;
7

 (d) that there is equal pay for equal work

for both men and women;
 (e) that the health and strength of workers
and the children are not abused and that
citizens are not forced to enter occupations
unsuited to their age or strength;
 (f) 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 exploitation and against moral and
material abandonment.
 Art 39 is a socialistic principle
8

 Art 39A. Equal justice and free legal aid.—The State shall secure that the
operation of the legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities.
 Supreme Court justified Judicial Activism and PIL by Art 39A
 Art 39A is a socialistic principle
 Art 40. Organisation of village panchayats.—The State shall take steps to
organise village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-
government
 Art 40 is a Gandhian principle
9

 Art 41. Right to work, to education and to public assistance in certain

cases.—The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work,
to education and to public assistance in cases of unemployment, old
age, sickness and disablement, and in other cases of undeserved want.
 Art 41 is a socialistic principle
 Art 42. Provision for just and humane conditions of work and maternity
relief.—The State shall make provision for securing just and humane
conditions of work and for maternity relief.
 Art 42 is a socialistic principle
10

 Art 43. Living wage, etc., for workers.—The State

shall endeavour to secure, to all workers,
agricultural, industrial or otherwise, work,
 a living wage,
 conditions of work ensuring a decent standard of life
and full enjoyment of leisure and
 social and cultural opportunities
 and, in particular, the State shall endeavour to
promote cottage industries on an individual or co-
operative basis in rural areas.
 Art 43 is a Socialistic & Gandhian principle
11

 Art 43A. Participation of workers in management of industries.—The State shall take steps,
by suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any industry.
 Art 43A is a socialistic principle
 Art 43B - The State shall endeavour to promote voluntary formation, autonomous functioning,
democratic control and professional management of co-operative societies
 Art 43B is a socialistic principle
 Art 44. Uniform civil code for the citizens.—The State shall endeavour to secure for the
citizens a uniform civil code throughout the territory of India
 Art 44 is a Liberal Intellectual principle
 A uniform civil code administers the same set of secular civil laws to govern all people
irrespective of their religion, caste and tribe. This supersedes the right of citizens to be
governed under different personal laws based on their religion or caste or tribe. Such codes
are in place in most modern nations.
12

 Art 45. Provision for early childhood care and

education to children below the age of six
years.—The State shall endeavour to provide
early childhood care and education for all
children until they complete the age of six
years.
 Art 45 amended by 86th Amendment Act
2002
 Art 45 is a Liberal Intellectual principle
13

 Art 46. Promotion of educational and economic interests of Scheduled

Castes, Scheduled Tribes and other weaker sections.—The State shall
promote with special care the educational and economic interests of
the weaker sections of the people, and, in particular, of the Scheduled
Castes and the Scheduled Tribes, and shall protect them from social
injustice and all forms of exploitation
 Art 46 is a Gandhian principle
14

 Art 47. Duty of the State to raise the level of

nutrition and the standard of living and to
improve public health.—The State shall
 regard the raising of the level of nutrition and
the standard of living of its people and the
improvement of public health as among its
primary duties
 the State shall endeavour to bring about
prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of
drugs which are injurious to health.
 Art 47 is a socialistic & Gandhian principle
15

 Art 48. Organisation of agriculture and

animal husbandry.—The State shall
 endeavour to organise agriculture and animal
husbandry on modern and scientific lines and
 take steps for preserving and improving the
breeds, and prohibiting the slaughter, of cows
and calves and other milch and draught cattle.
 Art 48 is a Gandhian principle
16

 Art 48A. Protection and

improvement of environment
and safeguarding of forests
and wild life.—The State shall
endeavour to protect and
improve the environment and to
safeguard the forests and wild
life of the country.
 Art 48 is a Liberal Intellectual
principle
17

 Art 49. Protection of monuments

and places and objects of
national importance.—It shall be
the obligation of the State to
protect every monument or place
or object of artistic or historic
interest, from spoilation,
disfigurement, destruction,
removal, disposal or export, as
the case may be
 Art 49 is a Liberal Intellectual
principle
18

 Art 50. Separation of judiciary from executive.—The

State shall take steps to separate the judiciary from
the executive in the public services of the State.
 Art 50 is a Liberal Intellectual principle
 Art .51. Promotion of international peace and
security.—The State shall endeavour to—
 (a) promote international peace and security;
 (b) maintain just and honourable relations between
nations;
 (c) foster respect for international law and treaty
obligations in the dealings of organised peoples with
one another; and
 (d) encourage settlement of international disputes by
arbitration.
 Art 51 is a Liberal Intellectual principle
 Fundamental Rights versus Directive Principles
19

 This conflict between Fundamental Rights and DPSP came to the

Supreme Court for the first time in Champakam Dorairajan Case
(1952).
 Smt Champakam Dorairajan was a woman from the State of
Madras. In 1951, she was not admitted to a medical college
because of a G.O. (Government Order) which had provided caste
based reservation in government jobs and college seats. This GO
was passed in 1927 in the Madras Presidency.
 The conflict was between article 15,16(2) and 29(2) from the
chapter of Fundamental Rights and Article 46 of the Constitution.
20

 The Supreme Court held that Article 37 expressly says that the directive principles
are not enforceable by court. Supreme Court mandated that the chapter on
Fundamental rights in the constitution is sacrosanct and the directive principles have
to conform to and run subsidiary to the chapter on Fundamental Rights
 Champakam Dorairajan Case led to the First amendment of Indian Constitution.
 The amendment added a "clause 4 to Section 15“
 Article 15(4) reads: Nothing in this Article or in Art 29(2)shall prevent the state
from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes.
21

 Golak Nath vs. The State of Punjab (1967). In this case, for the first time a
bench of 11 judges of the Supreme Court was formed. The court in this case
laid down that Fundamental Rights cannot be abridged/ diluted to
implement the directive principles
 Constitutional (A) Act also a law within Art 13
 Art 13(2)The State shall not make any law which takes away or abridges
the rights conferred by this Part and any law made in contravention of this
clause shall, to the extent of the contravention, be void
 FRs are given a transcedental and immutable position
22

 This decision forced the government to amend the constitution by the 24th
Amendment Act 1971.The Parliament amended Art. 13 and 368.
 Art 13(4) Nothing in this article shall apply to any amendment of this
Constitution made under article 368.
 Art 368(3) Nothing in Article 13 shall apply to any amendment made under
this article
 This amendment made it clear that Parliament has the power to amend any
part of the Constitution including Fundamental Rights and the word 'law' as
used in Article 13 does not include a Constitutional Amendment Act.
23

 Also 25th(A) Act was made

 Art 31C. Saving of laws giving effect to certain directive
principle. Notwithstanding anything contained in article 13, no law
giving effect to the policy of the State towards securing the principles
specified in clause (b) or clause (c) of article 39 shall be deemed to
be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by article 14, article 19 or
article 31; and no law containing a declaration that it is for giving
effect to such policy shall be called in question in any court on the
ground that it does not give effect to such policy
24

 Kesavananda Bharti Vs State of Kerala 1973

 Over ruled its judgment on Golak Nath case
 Upheld 24th(A) Act
 Basic structure cannot be amended
 Upheld first part of 25th (A) Act which gave primacy of Directive Principles Art 39(b)
and Art 39(c) over Fundamental Rights Art 14, Art 19 and Art 31
 To nullify the Kesavanand Bharti Case, the 42nd Amendment further amended
article 31 (C) and said that "No law giving effect to the Directive principles
on the ground" that is inconsistent with or takes away or abridges any of the
rights conferred by article 14, 19 or 31.
 So not only Art 39(b) and (c), but all Directive Principles were given primacy
over Fundamental Rights Art 14, 19 and 31 by 42nd (A) Act
25

Minerva Mills v/s Union of India (1980) case

 The Supreme Court struck down the provisions of 42nd(A) Act that gave
primacy of all DPSPs over FRs Art 14,19 and 31 on the ground that it
changed the basic structure of the Constitution.
 The Supreme Court held that the Constitution exists on the harmonious
balance of part III and Part IV.
 Giving absolute primacy to one over other will disturb the harmony of the
Constitution.
 This took the Article 31(C) to its prior condition that " a law would be
protected by article 31C only if it has been made to implement the directive
in article 39(b) and (c) and not any of the articles included in Part IV.
 Present status is Parliament can amend Fundamental Rights for giving effect to
implementation of Directive Principles but without affecting the Basic Structure
 Directives outside Part IV
26

 (1)Art 335. Claims of Scheduled Castes and Scheduled Tribes to services

and posts: The claims of the members of the Scheduled Castes and the
Scheduled Tribes 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 the affairs of the Union or of a
State
 (2)Art 350A. Facilities for instruction in mother-tongue at primary stage.-
 It shall be the endeavour of every State and of every local authority within the
State to provide adequate facilities for instruction in the mother-tongue at the
primary stage of education to children belonging to linguistic minority groups;
 and the President may issue such directions to any State as he considers necessary
or proper for securing the provision of such facilities.
27

 (3) Art 351. Directive for development of the Hindi language: It shall
be the duty of the Union to promote the spread of the Hindi language,
to develop it so that it may serve as a medium of expression for all
the elements of the composite culture of India
 28

FUNDAMENTAL DUTIES
29

 Originally, the constitution of India did not contain any list of

fundamental duties. In other words, enjoyment of fundamental rights
was not conditional on the performance of fundamental duties.
 According to Socialist countries,“he who does not work, neither shall he
eat.” The constitution of the world’s first socialist country, that of Soviet
Union contains a list of fundamental rights immediately followed by a
list of fundamental duties. It is clearly asserted that the enjoyment of
fundamental rights is conditional on the satisfactory performance of
fundamental duties.
30

 The Fundamental Duties of citizens were added to the Constitution by

the 42nd Amendment in 1976, upon the recommendations of
the Swaran Singh Committee
 Originally ten in number, the Fundamental Duties were increased to
eleven by the 86th Amendment in 2002
 Rights are correlative to Duties
31

 The fundamental duties however are non-justiciable in character. This

means that no citizen can be punished by a court for violation of a
fundamental duty.
 In this respect the fundamental duties are like the directive principles
of the constitution in part IV. The directive principles lay down some
high ideals to be followed by the state. Similarly, the fundamental
duties in Art 51A, lay down some high ideals to be followed by the
citizens. In both cases, violation does not invite any punishment.
32

 Art 51A. Fundamental

duties. —It shall be the duty of
every citizen of India—
 (a) to abide by the Constitution
and respect its ideals and
institutions, the National Flag
and the National Anthem;
33

 (b) to cherish and follow the

noble ideals which inspired our
national struggle for freedom;
34

 (c) to uphold and protect the

sovereignty, unity and integrity
of India;
 (d) to defend the country and
render national service when
called upon to do so;
35

 (e) to promote harmony and the

spirit of common brotherhood
amongst all the people of India
transcending religious, linguistic
and regional or sectional
diversities; to renounce
practices derogatory to the
dignity of women;
36

 (f) to value and preserve the

rich heritage of our composite
culture;
37

 (g) to protect and improve the

natural environment including
forests, lakes, rivers and wild
life, and to have compassion for
living creatures;
38

 (h) to develop the scientific

temper, humanism and the
spirit of inquiry and reform;
39

 (i) to safeguard public

property and to abjure
violence;
40

 (j) to strive towards excellence in

all spheres of individual and
collective activity, so that the
nation constantly rises to higher
levels of Endeavour and
achievement.
41

 (k) to provide opportunities

for education by the parent
the guardian, to his child, or
a ward between the age of
6-14 years as the case may
be.
 Added by 86th(A) Act in the

year 2002
42

According to the constitution of India, which of the following

are fundamental for the governance of the country?
[A]Fundamental rights
[B]Fundamental duties
[C]Directive principles of state policy
[D]Fundamental rights and fundamental duties
43

Answer: C
44

In the Constitution of India, promotion of international peace

and security is included in the
(a) Preamble to the Constitution
(b) Directive Principles of State Policy
(c) Fundamental Duties
(d) Ninth Schedule
45

Answer B
46

“To uphold and protect the Sovereignty Unity and Integrity of India” is a
provision made in the
a) Preamble of the Constitution
b) Directive Principles of State Policy
c) Fundamental Rights
d) Fundamental Duties
47

Answer D
48

The ideal of “Welfare State” in the Indian Constitution is

enshrined in its
a) Preamble
b) Directive Principles of State Policy
c) Fundamental Rights
d) Seventh Schedule
49

Answer B
In a welfare State, the functions of the State are not only the
defence of the country or administration of justice or maintaining
law and order but it extends to regulating and controlling the
activities of the people in almost every sphere—educational,
commercial, social, economic, political and even marital.
DPSP thus promotes the ideal of a welfare state as it guides the
state in making policies for the socio-economic well being of the
people of India.
50

Which principle among the following was added to the Directive

Principles of Stat Policy by the 42nd Amendment to the Constitution?

(a) Equal pay for equal work for both men and women
(b) Participation of workers in the management of industries
(c) Right to work, education and public assistance
(d) Securing living wage and human conditions of work to workers
51

Answer B
52

Consider the following statements:

With reference to the Constitution of India, the Directive Principles

of State Policy constitute limitations upon
1.Legislative function.
2.Executive function.

Which of the above statements is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
53

Answer D
It is the fundamental rights that constitute limitations upon state
action (whether legislative or executive).
The directive principles are in the nature of instruments of
instruction to the government of the day to achieve certain ends
by their actions. It guides them, not restricts them.
54

In India, separation of judiciary from the executive is

enjoined by
(a) the Preamble of the Constitution
(b) a Directive Principle of State Policy
(c) the Seventh Schedule
(d) the conventional practice
55

Answer: B
Explanation: Art 50 talks about separation of
judiciary from Executive which is under Directive
Principles of State policy.
56

Other than the Fundamental Rights, which of the following parts of

the Constitution of India reflect/reflects the principles and
provisions of the Universal Declaration of Human Rights (1948)?
1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:
a) 1 and 2 only
b) 2 only
c) 1 and 3 only
d) 1,2 and 3
57

Answer D