DIRECTIVE

PRINCIPLES OF
STATE POLICY
DIRECTIVE PRINCIPLES OF STATE POLICY
Dr B.R. Ambedkar described these principles as ‘novel features’ of
the Indian Constitution.
Granville Austin has described the Directive Principles and the
Fundamental Rights as the ‘Conscience of the Constitution’.
Directive
Principles of Objective: It promotes the principles of social and economic
State Policy are democracy and envisages establishing a welfare state.
enumerated in Utility: Directive Principles of State Policy are the ideals that the
Part IV of the State should keep in mind while formulating policies and enacting
Constitution laws.
from Articles 36
to 51. Importance: Directive Principles together with the Fundamental
Rights contain the ‘’philosophy of the Constitution’’ and are known
as the ‘’soul of the constitution’’.
Source: The concept of DPSP has been borrowed from the Irish
Constitution of 1937.
DIRECTIVE PRINCIPLES OF STATE POLICY
Features of the Directive Principles

Constitutional ‘Directive Principles of State Policy’ are the constitutional

Instructions instructions or recommendations given to the state in legislative,
executive and administrative matters.

Instrument of These instructions were issued under the Government of India Act,
Instructions 1935.

Directive Principles provide a comprehensive economic, social and

Welfare state political programme.

Directive Principles are non-justiciable in nature, that is, they are

Non-justiciable not legally enforceable by the courts for their violation.
Reason why DPSP are non-justiciable

Lack of resources: When India got its independence, the country

did not have enough resources to implement all the directive
principles.
Conflict with Fundamental rights: Some of the directive principles
Following are have the potential to encroach in the sphere of fundamental
the reasons rights.
why directive Complexity in implementation: India is a vast and diverse country
principles are and the customs, traditions, and norms followed by different
not justiciable communities may stand in the way of their implementation. For
in nature. example the implementation of Uniform Civil Code.
Sanction by the people: Our Constitution makers believed in the
wisdom of the people rather than in court procedure as the
ultimate sanction for the fulfilment of these principles. Example:
“Right to Education”
Constitutional Provisions
Article Subject Matter
Article 36 • Definition of the state.
Article 37 • Application of the principles contained in this Part.
Article 38 • State to secure a social order for the promotion of welfare of the
people.
Article 39 • Certain principles of policy to be followed by the State.
Article 39A • Equal justice and free legal aid.
Article 40 • Organisation of village panchayats.
Article 41 • Right to work, to education and to public assistance in certain cases.
Article 42 • Provision for just and humane conditions of work and maternity
relief.
Article 43 • Living wage, etc., for workers.
Article 43A • Participation of workers in management of Industries.
Article 43B • Promotion of co-operative societies.
Article 44 • Uniform civil code for the citizens.
Constitutional Provisions
Article Subject Matter
Article 45 • Provision for early childhood care and education to children below
the age of six years.
Article 46 • Promotion of educational and economic interests of Scheduled
Castes, Scheduled Tribes and other weaker sections.
Article 47 • Duty of the State to raise the level of nutrition and the standard of
living and to improve public health.
Article 48 • Organisation of agriculture and animal husbandry.
Article 48A • Protection and improvement of the environment and safeguarding of
forests and wildlife.
Article 49 • Protection of monuments and places and objects of national
importance.
Article 50 • Separation of judiciary from executive.
Article 51 • Promotion of international peace and security.
Article 36: Definition of the State

It contains the definition of State and says that the term ‘State’ in this part (Part IV)
will mean the same thing as what it means in Part III (Fundamental Rights).
The Government of India,
The Parliament of India,

Hence, it The Government of each of the States,

includes
The Legislature of each of the States,
All the authorities whether local or any other which are part of
Indian territory or under the control of the government.
Article 37: Non Justiciable nature of DPSP

It mentions the two important characteristics of DPSP. It is not enforceable in any

court of Law. But it will be the duty of the State to implement these principles. This
shows that the directives provided in the constitution are fundamental in the
governance of the country.
Classification of The Directive Principles

For better understanding and convenience Socialistic;

to understand these principles, political
scientist Dr M. P. Sharma suggested that Gandhian and
they can be grouped ideologically, into
three categories, Liberal-Intellectual

This classification finds no mention in the constitution. This classification is purely an

interpretative construct aimed at better understanding of the nature of these
principles.
Socialist Principles

These Directive Principles follow the ideas of ‘socialism’. These principles put special
emphasis on providing social and economic justice to the people and attaining a
welfare state.
The articles in DPSP which advocate socialist principles are – Article 38, Article 39,
Article 39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47.
Article 38: State to secure a social order for the
promotion of welfare of the people

It directs that the State should secure a social order which provides social, political
and economic justice to all its citizens.
Article 38(2) provides that the state should try to reduce the inequalities faced by the
people on the grounds of income, status, facilities, opportunities, etc.
PYQ - Prelims

Q. ‘Economic Justice‘ as one of the objectives of the Indian Constitution has

been provided in: (2013)

a. The Preamble and the Fundamental Rights.

b. The Preamble and the Directive Principles of the State Policy.
c. The Fundamental Rights and the Directive Principles of State Policy.
d. None of the Above.
Answer - Option (b)
Article 39: Certain principles of policy to be followed
by the State
All the men, women and citizens should have the right to an
Article 39 (a) adequate means of livelihood.

The ownership and control of the people over any material

Article 39 (b) resources under the community should be so distributed as best to
subserve the common good;
The functioning of the economic system should be such that it
Article 39 (c) does not result in concentration of wealth and means of
production to the common detriment.
There should be equal pay for equal work for both men and
Article 39 (d) women;
Article 39: Certain principles of policy to be followed
by the State
The health and strength of workers, men and women, and the
tender age of children should not be abused and the citizens
Article 39 (e) should not be forced to enter avocations unsuited to their age or
strength out of their economic necessity;

Children must be given enough opportunities and facilities so that

they develop in a healthy manner and in such conditions where
Article 39 (f) their freedom and dignity, and their childhood and youth are
protected, against any form of exploitation and against any sort of
moral and material abandonment.

Article 39(f) was modified by the Constitution (42nd Amendment) Act, 1976.
Previously, Article 39(f) stated that “childhood and youth are protected or guarded
against exploitation or manipulation and against moral and material abandonment.”
Implementation by Government

Establishment In 1950, the Planning Commission was established with the aim of
of Planning securing socio-economic justice and reducing income inequalities.
Commission

Abolition of intermediaries like zamindars, jagirdars, Inamdars, etc

Tenancy reforms like security of tenure, fair rents, etc
Land Reforms Imposition of ceilings on land holdings
Distribution of surplus land among the landless labourers
Cooperative farming
Implementation by Government

Nationalisation of life insurance (1956),

Steps taken to Nationalisation of fourteen leading commercial banks (1969),
Rationalise the
Financial Nationalisation of general insurance (1971),
Resources
Abolition of Privy Purses (1971)
Article 39A: Equal justice and free legal aid
The article states that the State shall secure operation of a legal system which
promotes justice, by providing equal opportunity to access it.

Article 39A was added by the Constitution (42nd Amendment) Act, 1976.

Steps taken to provide Free Legal Aid: The Legal Services

Authorities Act (1987) has established a nation-wide network to
provide free and competent legal aid to the poor and to organise
Lok Adalat for promoting equal justice.
Implementation Lok Adalat is a statutory forum for conciliatory settlement of
by Government legal disputes.
It has been given the status of a civil court.
Its awards are enforceable, binding on the parties and final as no
appeal lies before any court against them.
Article 41: Right to work, to education and to public
assistance in certain cases

It says that the state shall, within the limits of its economic capacity, make effective
provisions for securing the right to work, to education and to public assistance in
cases of unemployment, old age, disablement and in other cases of undeserved
want.
NREGA, National Rural Employment Guarantee Act was passed
by the parliament in 2005 as a social security measure which
aims to guarantee the ‘right to work’.
Implementation
by Government Ayushman Bharat scheme; is a National Health Protection
Scheme, covers over 10 crore poor and vulnerable families
(approximately 50 crore beneficiaries) providing coverage up to
5 lakh rupees per family per year for secondary and tertiary care
hospitalization.
Article 42: Provision for just and humane conditions
of work and maternity relief.

It says that the state shall make provisions for securing just and humane conditions of
work and for maternity relief.

Implementation by the Government

Janani Suraksha Yojana (JSY), a conditional cash

Various steps have been transfer scheme for promoting institutional delivery.
taken by the government
to provide relief to Janani Shishu Suraksha Karyakram (JSSK) entitles
pregnant woman every pregnant woman to free delivery, including for
caesarean section.
Article 42: Provision for just and humane conditions
of work and maternity relief.
Implementation by the Government

Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA) provides

pregnant women with free of cost assured and quality Antenatal
Various steps Care on the 9th day of every month.
have been LaQshya (Labour room Quality improvement Initiative) to
taken by the improve the quality of care in Labour room and Maternity
government to operation theatres to ensure that pregnant women receive
provide relief respectful and quality care during delivery and immediate
to pregnant postpartum.
woman The parliament passed The Maternity Benefit (Amendment) Act,
2017 which enhanced the duration of paid maternity leave
available to women employed from 12 weeks to 26 weeks.
Article 43: Living wage, decent work etc., for
workers
It says that the state should try to secure to all workers, by suitable legislation or
economic organization, a living wage, conditions of work ensuring a decent standard
of life and full enjoyment of leisure and social and cultural opportunities.
Implementation by the Government
The Minimum Wages Act (1948), Code on Wages, 2020
The Contract Labour Regulation and Abolition Act (1970)
The Child Labour Prohibition and Regulation Act (1986) Renamed
as the Child and Adolescent Labour Prohibition and Regulation Act,
Labour 1986 in 2016.
Reforms The Bonded Labour System Abolition Act (1976)
The Mines and Minerals (Development and Regulation) Act, 1957
The Maternity Benefit Act (1961) and the Equal Remuneration Act
(1976) have been passed to protect the interests of women
workers.
Article 43A: Participation of workers in
management of Industries
It says that the State should take steps by suitable legislation or any other way to
secure the participation of workers in the management of undertakings or
establishments engaged in any industry.

Various schemes by the Government provide provisions for

ensuring the participation of the workers in the management of
Industries, for example Works committee is provided under
Implementation Industrial dispute act, Joint management councils are provided
by Government to discuss various matters relating to working of the Industry;
these have equal number of representatives from both
employer and side of employees, Provision of Joint councils is
there in every Industrial unit having more than 500 employees
etc.
Article 47: Raise the level of nutrition and the
standard of living and to improve public health

It says that the State shall look into the matter of raising the level of nutrition and the
standard of living of its people and it is the duty of the State to keep a check on the
improvement of public health.

Rural Area Development: To raise the standard of living in rural

areas the government had started programmes such as the
Community Development Programme (1952), Integrated Rural
Implementation Development Programme (1978-79) and Mahatma Gandhi
by Government National Rural Employment Guarantee Act (MGNREGA-2006).
Various steps have been taken to improve the level of nutrition
for example providing Anganwadi Services, Pradhan Mantri
Matru Vandana Yojana, Poshan Abhiyaan
Gandhian Directive Principles

These principles are based on Gandhian ideology to represent the programme of

reconstruction that Gandhi emphasised during national independence movements in
colonial India.
The articles in DPSP which advocate Gandhian Principles are – Article 40, Article 43,
Article 43 B, Article 46, Article 47 and Article 48.
Article 40: Organisation of village panchayats

It says that the state shall take steps to organize village panchayats and endow them
with such powers and authority as may be necessary to enable them to function as a
unit of Self Government.

Constitutional status to the Panchayati Raj System: Through

Implementation 73rd Constitutional Amendment Act, 1992, a three tier
by Government
‘Panchayati Raj System’ was introduced.
Article 43B: Promotion of co-operative societies

It says that the state shall endeavour to promote the voluntary formation,
autonomous functioning, democratic control and professional management of
cooperative societies.
It was added by the 97th amendment act in 2011.

Implementation by The government has a target of establishing and promoting

Government 10000 new Farmer Producer’s Organizations (FPOs) by 2027.
These FPOs are based on the principle of cooperatives.

• The provision regarding promotion of ‘cottage industries’ in article 43 can be

regarded as a Gandhian principle as Gandhiji always emphasised on small scale
industries in rural India being the backbone of economic development.
Article 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 interest of
the weaker sections of people, and, in particular of the Scheduled Castes and
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.

Implementation by Government

Provision of The Untouchability (Offences) Act, 1955, which was renamed as

reservation & the Protection of Civil Rights Act in 1976.
upliftment for
the Weaker The Scheduled Castes and Scheduled Tribes (Prevention of
Section Atrocities) Act, 1989.
Article 46: Promotion of educational and economic
interests of scheduled Castes, scheduled Tribes and
other weaker sections

National Commission for Minorities (1993),

Establishment National Commission for Women (1992) and

of various
National Commission for Protection of Child Rights (2007).
National-level
commissions National Commission for Backward Classes (1993) – It was
conferred a constitutional status by the 102nd amendment act,
2018.
Article 47: Raise the level of nutrition and the
standard of living and to improve public health

The provisions in the article with regards to prohibiting the consumption of

intoxicating drinks and drugs which are injurious for health, except for medicinal
purposes has been inspired from the Gandhian ideals.

Various states in India have alcohol prohibition in force for

example Bihar, Gujarat, Mizoram and Nagaland.
Implementation by
Government It is believed that liquor prohibition leads to lowering of rates
of ‘drinking’ among men and incidences of domestic violence
against women
Article 48: Organisation of agriculture and animal
husbandry
The State shall endeavour to organise agriculture and animal husbandry using
modern methods and scientific lines and shall, in particular, take steps for preserving
and improving the breeds, and prohibiting the slaughter of cows and calves and other
milch and draught animals.

States like Gujarat, Maharashtra, Uttar Pradesh, and Madhya

Pradesh have completely banned the slaughter of cows while
others like West Bengal allow it in case of old or unfit cows
Implementation by after the acquisition of “fit for slaughter” certificate.
the Government The National Dairy Development Board (NDDB) was
constituted as a statutory body under the Ministry of Fisheries,
Animal Husbandry and Dairying. NDDB promotes dairy farming
across India using modern techniques.
Liberal - Intellectual Directives

These principles represent the modern ideology of ‘liberalism’. They put emphasis on
ideas of modern sciences, uniformity in civil laws, international cooperation and
peace, and education.
The articles which follow this approach in DPSP are – Article 44, Article 45, Article 48,
Article 48 A, Article 49, Article 50 and Article 51.
Article 44: Uniform civil code for the citizens

The State shall endeavour to secure for all citizens a uniform civil code throughout the
territory of India
Uniform Civil Code - Critical analysis
Uniform Civil Code - Critical analysis

Definition: Uniform Civil Code means that all sections of the

society irrespective of their religion will be treated equally
according to a common civil code.

Coverage: It may cover areas such as Marriage, divorce,

maintenance, inheritance, adoption and succession of the
About property.

Present situation: At present, Goa is the only state in India with a

uniform civil code. The Portuguese Civil Code of 1867, is applicable
to all the people having their domicile in Goa. There is no uniform
civil code in the rest of the country.
Merits of Having a UCC

Merits of Equal status to all Citizens: A Uniform Civil Code would help
Having a UCC towards providing equal status to all citizens irrespective of the
community they belong to.
Promote Gender Parity and Justice: A Uniform civil code will do
away with practices which undermine a woman’s right to equality.
End contentious provisions of Personal laws: The codification and
implementation of the Uniform Civil Code will destroy the sanctity
of the patriarchal orthodox people or will oppose it profusely.
Promote national integration: during constituent assembly
debates, Shri Alladi Krishnaswamy Ayyar had talked about the
problems of having excessive cultural relativity.
Accommodate the aspirations of the young population: The
enactment of Uniform Civil Code will help in utilizing their full
potential towards nation building.
Merits of Having a UCC

Simplification of laws: The same civil law will then be applicable to

all citizens irrespective of their faith. It will simplify laws that are
segregated at present based on religious beliefs.
Sign of a modern Progressive Nation: UCC will help the society
move forward based on the modern constitutional value system of
liberty, equality and justice.
Merits of
Having a UCC Judicial pronouncement: Many judicial pronouncements of higher
judiciary have favoured UCC in some or the other forms.
Legitimate government: It can be argued that it was probably wise
in 1858 for a foreign colonial power to stay away from areas
related to religion and personal custom in the overall interest of
maintaining peace. But in independent India, where sovereignty
rests with the people, there is no external constraint that can
prevent the Indian Government, duly and successively elected to
power on the principle of universal suffrage for seven decades to
legislate on a common uniform personal code.
Challenges with Enacting UCC

Practical India’s diversity makes it difficult to implement a uniform set of

difficulties due laws on personal issues like marriage, divorce, inheritance and
to diversity maintenance.

Perception Minority communities believe that Uniform civil code is an

among encroachment on their right to religious freedom.
minorities
Violates the A UCC is seen, by many, as a contradiction to the fundamental
Fundamental rights guaranteed under Article 25, Article 26(b), and Article 29.
right to
Freedom
Challenges with Enacting UCC

The implementation of Uniform Civil Code is a very demanding task

Issues with as it will bring many changes like adopting expansive
drafting of UCC interpretations on marriage, maintenance, adoption and
succession.

In consideration to the major opposition from Muslim community

Need for in India, there are issues related to controversies over beef,
sufficient time saffronisation of schools and colleges, love jihad, etc.
Relevant Supreme Court Judgements

The Supreme Court dealt with the issue of maintenance under

Shah Bano Section 125 of the Code of Criminal Procedure after Shah Bano’s
Judgment husband pronounced talaq (divorce) against her.

The Sarla Mudgal vs Union of India is considered a landmark

judgment which highlighted the need for a uniform civil code. In
the case there were 2 main petitioners first Kalyani, an NGO which
Sarla Mudgal worked for helping distressed women which was headed by Sarla
and others vs Mudgal. The second petitioner was Meena Mathur whose Husband
Union of India had converted to Islam and solemnised his second marriage.
and others Meena Mathur had complained that her husband converted to
Islam only for the purposes of getting married again and
circumvented the provisions of Section 494 of IPC (Section 494 IPC
punishes bigamy or polygamy). The court held the second marriage
as illegal and talked about the need for Uniform civil code.
Relevant Supreme Court Judgements

Also known as Lily Thomas Bigamy case, it is considered as a

Lily Thomas vs landmark judgment in India. The Supreme court took preventive
Union of India measures in order to avoid solemnizing a second marriage without
dissolution of the first marriage.

It was held that a single mother of the Christian religion was

ABC vs The eligible to apply for sole guardianship of her child without the
State (NCT of consent of the biological father under the Guardian and Wards Act,
Delhi) 1890 that had not recognised the right of Christian single mothers.
In the case, the court pointed out the inconvenience was being
caused due to absence of a Uniform civil code.
Article 45: 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.

Right to education act, 2009: Government introduced the

86th constitutional amendment and subsequently passed
the Rights to Education Act 2009, Elementary Education has
Implementation by been accepted as Fundamental Right of each child between
Government the 6 to 14 years of age.
Recently launched National Education Policy seeks to
realise the provisions of Article 45, among other things.
Article 48: Organisation of agriculture and animal
husbandry

The State shall endeavour to organise agriculture and animal husbandry on modern
and scientific lines and shall, in particular, take steps for preserving and improving the
breeds, and prohibiting the slaughter of cows and calves and other milch and draught
animals.
Various government steps have been taken in this regard for
example; Rashtriya Gokul mission is being implemented for
Implementation development and conservation of indigenous bovine breeds,
by government National Livestock Mission is a scheme on entrepreneurship
development and breed improvement in poultry, sheep, goat
including feed and fodder development.
Article 48A: Protection of environment, Forest and
wildlife

The State shall endeavour to protect and improve the environment and to safeguard
the forest and wildlife of the country.
This was inserted by the 42nd constitutional amendment act, 1976.
Protected Areas, viz. National Parks, Sanctuaries, Conservation
Reserves and Community Reserves have been created in the
country to provide better protection to wildlife.
Financial assistance is provided to the State/Union Territory
Implementation Governments under the Centrally Sponsored Scheme of
by Government ‘Integrated Development of Wildlife Habitats’
The Wild Life Crime Control Bureau (WCCB) coordinates with
State/UTs and other enforcement agencies to gather intelligence
about poaching and unlawful trade in wild animals and animal
articles.
Article 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, (declared by or under law made by Parliament) to be of
national importance, from spoliation, disfigurement, destruction, removal, disposal or
export, as the case may be.
The Ancient and Historical Monument and Archaeological Sites
and Remains Act (1958) has been enacted to protect the
monuments, places and objects of national importance.
Implementation
by Government There are more than 3500 ancient monuments and archaeological
sites and remains of national importance which are preserved
through various circles of ASI (Archaeological survey of India)
spread across the country.
Article 50: Separation of judiciary from executive

It advocates the Separation of Judiciary from the Executive.

It says that the State should take steps to separate judiciary from the executive in the
public services of the State.

Revision in the Criminal Code: The Criminal Procedure Code

(1973) separated the judiciary from the executive. After the
Implementation separation, the judicial powers were taken away from these
by Government executive authorities and vested in the hands of district judicial
magistrates who work under the direct control of the state high
court.
Article 51: Promotion of international peace and
security

Promote international peace and security;

Maintain friendly and honourable relations between nations;
It says that the
state shall Foster respect for international law and treaty obligations in the
endeavour to dealings of organised peoples with other person; and
Encourage settlement of international disputes by the method of
arbitration.
Article 51: Promotion of international peace and
security
Implementation by Government
Various initiatives such as Non Alignment Movement, International
Solar Alliance, India’s commitments under Paris climate agreement
help in promotion of international peace and security.
Indian Technical and Economic cooperation programme (ITEC):
India launched ITEC in 1964 under the Ministry of external affairs
Various steps (MEA) to share knowledge and skills with fellow developing
have been nations.
taken by the
Government in Pan-African e-Network: In 2009 India embarked on an ambitious
this regard. and visionary project, known as the “Pan-African e-Network,” to
provide educational and medical support to 54 participating
African countries via satellite technology.
UN Peacekeeping missions: India has a long history of service in
UN Peacekeeping, having contributed more personnel than any
other country.
Amendments in DPSP

42nd Constitutional Amendment, 1976

Article 39A: To provide free legal aid to the poor.
It introduced Article 39(f): Children must be given enough opportunities and
certain changes facilities so that they develop in a healthy manner and in such
in the part-IV conditions where their freedom and dignity, and their childhood
of the and youth are protected, against any form of exploitation and
Constitution by against any sort of moral and material abandonment.
adding new
directives: Article 43A: Participation of workers in management of Industries.
Article 48A: To protect and improve the environment.
Amendments in DPSP

It inserted Section-2 to Article 38 which declares that; “The State

44th
in particular shall strive to minimise economic inequalities in
Constitutional
income and eliminate inequalities in status, facilities and
Amendment,
opportunities not amongst individuals but also amongst groups”. It
1978
also eliminated the Right to Property from the list of Fundamental
Rights.
It changed the subject-matter of Article 45 and made elementary
86th education a fundamental right under Article 21 A.
Amendment
Act of 2002
PYQ - Prelims

Q. Which principle among the following was added to the Directive Principles
of State Policy by the 42nd Amendment to the Constitution? (2017)

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.
Answer - Option (b)
Directives outside Part IV

The Constitution Claims of SCs and STs to Services (Article 335; Part XVI)
makers gave a few
some more Instruction in mother tongue (Article 350-A; Part XVII)
directives outside
Part IV, these are Development of Hindi Language (Article 351; Part XVII)
Utility of Directive Principles

Sir B.N. Rau, the Constitutional Advisor to the Constituent Assembly, recommended
that the rights of an individual should be divided into two categories; Justiciable
Rights and Non-justiciable Rights.
This recommendation was accepted by the Drafting Committee.
And as a result the Fundamental Rights, which are justiciable in nature, are
incorporated in Part III and the Directive Principles, which are non - justiciable in
nature, are incorporated in Part IV of the Constitution.
It reminds those in power that the goal of the Indian polity is to introduce ‘socialism
in the economic sphere’ or ‘economic democracy’ as distinguished from political
democracy.
Force of public opinion: These directives are constituted as a basic standard of
national conscience and violating its dictats would risk the position of those in power.
Utility of Directive Principles
Amplify the These directives emphasise that the goal of the Indian polity is not
vision of the Laissez Faire but to establish a welfare state.
Preamble
These Directives have helped the courts in exercising their power
Reference for of judicial review while determining the constitutional validity of a
courts
law.

Stable Policy They facilitate a stable domestic and foreign policy in political,
economic and social spheres no matter which party in power.

Supplement They are intended to fill the gap in Part III by providing for social
Fundamental and economic rights.
Rights
Non-implementation of DPSP gives opposition parties an
Empower the opportunity to criticise the government for its failure to fulfil the
Opposition aspirations of the people, the Constitution and the Constitution
makers. This gives rise to a healthy democracy.
Criticism of Directive Principles
No Legal DPSPs are criticised because of their non-justiciable nature.
sanction

Lack of Sir Ivor Jennings had expressed that fundamental rights are “based
consistent on no consistent philosophy”. Directive Principles are also
philosophy characterised by the same weakness.

Conservative Part IV of the Constitution expresses Fabian Socialism without the

socialism.
K Santhanam has pointed out that the Directives lead to
constitutional conflicts, for example- between the centre and
Constitutional
states as centre can give directions to the states with regards to
Conflict
the implementation of these principles, and in case the states do
not follow the directions, centre can dismiss the state government.
Comparison between Fundamental Rights and DPSP
Parameters Fundamental Rights Directive Principles
Characteristics Limit state control Impose duties on state
Legal status Enforceable in court Non-enforceable
Establish socio-economic
Objective Establish political democracy
democracy
Force Have legal sanctions Have moral and political sanctions
Fundamental for individual Promote community welfare,
Need
development socialist in nature
Enforcement Many do not require legislation Require legislation
Violation not basis for declaring
Court must declare law
law unconstitutional, but Court can
Justiciability unconstitutional if it violates
uphold validity of law to give effect
rights
to directive
 Conflict Between
Fundamental Rights and
Directive Principles of State
Policy
Champakam Dorairajan v the State of Madras,1951
Topic Champakam Dorairajan v State of Madras, 1951
• Quota system for admissions in educational institutes in Madras.
• 1927 Government Order providing caste-based reservation.
Background
• Brahmin Smt. Champakam Dorairajan unable to get admission in
medical college despite qualifying marks due to her caste.
• Supreme Court upheld Madras High Court's decision to strike down
Government Order.
• Reservation system based on caste was a violation of the
Judgment
constitution of India.
• Fundamental rights prevail over Directive Principles of State
Policy.
• 1st constitutional amendment added clause 15 (4) as an exception
to Article 15.
Aftermath • Primacy given to Fundamental rights.
• However, Government's power to amend the constitution did
extend to the Fundamental rights.
Golaknath vs State of Punjab, 1967

Background
• Golaknath family challenged the 1953 Punjab Act which restricted them to keep
only 30 acres of land.
• They filed a petition under Article 32, challenging the Act on the grounds of
violating their Fundamental rights.
• The 17th constitutional amendment, which had placed this law under the 9th
schedule of the constitution, was also challenged.
Golaknath vs State of Punjab, 1967

Judgment
• Whether the Constitutional Amendment is a ‘law’ under the meaning of Article
13?
• The court reversed its earlier judgments of Shankari Prasad and Sajjan Singh
case and held that a constitutional amendment under Article 368 of the
Constitution was an ordinary 'law' within the meaning of Article 13(3) of the
Constitution.
• Whether Fundamental rights could be amended or not?
• The court held that Fundamental rights are sacrosanct and could not be
amended even for implementation of Directive principles.
• All constitutional amendments that violated Fundamental rights were held void.
Golaknath vs State of Punjab, 1967
Aftermath
• Parliament brought two amendments, the 24th and 25th constitutional
amendments, to overcome the difficulties created by the judgment.
• The 24th constitutional amendment declared that the Parliament has the power
to abridge or take away any of the Fundamental Rights through amendment and
made it mandatory for the President to give his assent to the constitutional
amendment bill.
• The 25th Amendment inserted a new Article 31C with two main provisions:
• Any law that seeks to implement Article 39 (b) and Article 39 (c) cannot be
challenged in the Court on the grounds that it violated Article 14, 19 and 31
(Right to Property).
• No law containing a declaration for giving effect to such a policy shall be
questioned in any court on the ground that it does not give effect to such a
policy.
Kesavananda Bharati vs State of Kerala, 1973

Background
• The state government of Kerala brought the
Kerala Land Reforms Act, 1963, which restricted
the property rights of citizens. Using the
provisions of the act the state government
acquired the land of Edneer Mutt (a Hindu
institution of monks) located in Kerala, India.
The act was challenged on the ground that it
violates Article 14, 19(1)(f), 25, 26 of the Indian
Constitution.
• Also to overcome the Golaknath judgment the
parliament had come up with 24th, 25th and 29th
Amendment Act. The constitutional validity of
these amendments was also taken up by the
court.
Kesavananda Bharati vs State of Kerala, 1973

Judgment

• The Judgment dealt with two major questions:

• Can the Parliament amend the Fundamental rights?
• The Court overturned its judgment in the Golaknath vs State of Punjab case
and held the 24th constitutional amendment partially valid which provided
that the Parliament can amend any provision of the constitution including
Fundamental rights.
• What is the scope of Parliament power when it comes to amending the
constitution?
• The court came up with the basic structure doctrine which held that
Parliament can amend the constitution but not the basic features of the
constitution.
Kesavananda Bharati vs State of Kerala, 1973

Aftermath
• The Government responded to the judgment by bringing major changes in the
constitution. The 42nd constitutional amendment was passed by the government
which completely changed the relationship between the fundamental rights and
Directive Principles of state policy.
• The provisions of Article 31C were changed and Article 14, 19 and 31 was made
subservient to all the directive principles (extending from Article 39 (a) and
Article 39 (b)). Later, the 44th constitutional amendment abolished the right to
property and made it a legal right under Article 300 A.
Minerva mills vs Union of India, 1980

Background
• Minerva mills was a textile company in the state of Karnataka. The company was
seeing a significant downfall in its production. This nationalisation was done under
the provisions of Nationalisation act of 1974 [Sick Textile Undertakings
(Nationalisation) Act, 1974]. This was challenged in the high court and eventually
in the Supreme court by writ petition under Article 32 of the Indian constitution.
• Two major clauses i.e. clause 4 and 5 of the 42nd constitutional amendment act
were challenged on the basis that they destroy the basic structure of the
constitution.
Minerva mills vs Union of India, 1980
Judgment

• Two major questions were dealt by the court in its judgment:

• To what extent does the addition to Article 31C and Article 368 into the Constitution by
the 42nd Amendment Act of 1976 impair the basic structure doctrine?
• The court condemned the newly added clauses to Article 368. The court held the
provisions, which give limitless amending power to the Parliament, as unconstitutional.
The court held that the constitution had conferred limited amending power to the
Parliament. This limited amending power is a basic feature of the Indian constitution.
• If the Directive Principle of state policy takes precedence over the Fundamental Right
guaranteed by the Indian Constitution?
• The court ensured a balance between DPSP and Fundamental Rights. It was held that
this balance was a part of the ‘basic structure’ of the constitution. The provisions which
made Article 14, 19 and 31 subservient to all the directive principles were struck down .
• The Minerva Mills case is regarded as a landmark Judgment as it was the first case which
applied and evolved the doctrine of basic structure given in the Kesavananda Bharati case.
FUNDAMENTAL DUTIES
• Moral obligations and commitments of citizens towards
Definition
society and the nation.
Correlative
• Rights and duties are inseparable and correlative.
Relationship
Origin • Borrowed from the USSR.
Recommendation • Recommended by the Swaran Singh committee.
42nd Constitutional • Added provisions related to Fundamental Duties in the
Amendment Act Indian Constitution.
• Part IV-A and Article 51-A were added to the Indian
Added Provisions
Constitution.
Initial Duties • There were 10 Fundamental Duties initially.
• Added a new Fundamental Duty, which mandates
86th Constitutional
parents of children aged 6-14 years to provide them
Amendment
opportunities for education.
Characteristics of Fundamental Duties

Non-justiciable and cannot be directly enforced by the courts.

There is no legal sanction against their violation, but parliament can provide for their
enforcement through suitable legislation.

Applicable only to citizens of India and not to foreigners.

Fundamental duties combine moral and civic duties.

Swaran Singh Committee
Aspect Details
About • Committee set up in 1976 by Indira Gandhi government.
Chairman • Sardar Swaran Singh
• Need for fundamental duties felt during internal
Reason for setup
emergency.
• Inclusion of a separate chapter on fundamental duties.
Recommendations
• Stress on balance between rights and duties.
• 42nd Constitutional Amendment Act (1976) added 10
Outcome
fundamental duties to the Constitution

• Paying taxes should be a fundamental duty.

Recommendations • Parliament may provide penalty or punishment for non-
not accepted compliance.
• No judicial review for any penalty or punishment imposed.
Rationale for Fundamental Duties
Provision in original Article 33 provided Fundamental Duties for the armed forces
constitution and police.
Swaran Singh Committee was set up in 1976 to establish
Internal emergency
fundamental duties during the National Emergency.
Fundamental duties serve as a reminder to citizens to observe
Objective
basic democratic conduct and behavior.
Views of Indira Fundamental duties establish a democratic balance between
Gandhi rights and duties.
Fulfils International Conforms to Article 29(1) of the Universal Declaration of
obligations Human Rights.
Views of the
Opposition Initially opposed, but later accepted by Janata Government.
Consensus across
party lines Demonstrated by the addition of Art 51-A(k) in 2002.
List of Fundamental Duties
Article 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;
(b) To cherish and follow the noble ideals that inspired the national struggle for freedom;
(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;
(e) To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;
(f) To value and preserve the rich heritage of the country’s composite culture;
(g) To protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures;
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) To safeguard public property and to abjure violence;
(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; and
(k) To provide opportunities for education to his child or ward between the age of six and fourteen years.
• Provision 51A (k) was added by the 86th Constitutional Amendment Act, 2002.
Applications of Fundamental Duties

All Fundamental Duties are under Article 51A.

Some Duties encourage patriotism and social responsibility (a, b, c, d, g, j).

Others discourage negative behavior (e, f, h) or encourage positive behavior (k).

Peaceful protest is encouraged over violent ones (i).

Applications of Fundamental Duties

Fundamental Duty Article No.

Standing up for national anthem 51A (a)
Including Desh Bhakti curriculum in school syllabus 51A (b)
Being vigilant during times of crisis 51A (c)
Volunteering during COVID-19 crisis 51A (d)
Stopping mob lynching or honour killings 51A (e)
Avoiding objectification of women in advertisements 51A (e)
Stopping making graffiti on monument walls 51A (f)
Reusing, reducing & recycling plastic waste 51A (g)
Not falling prey to fake news 51A (h)
Adhering to peaceful protests 51A (i)
Valuing entrepreneurship and start-up culture 51A (j)
Increasing consciousness regarding the importance of education 51A (k)
Importance of Fundamental Duties

Serve as a reminder: Duties remind citizens to be conscious of their responsibilities

towards country and fellow citizens while enjoying their rights.

Positive transformation of the Nation: Other countries have transformed into

developed economies by emphasizing the principles of responsible citizenship.

Used in legal interpretation: Duties create a feeling of inspiration and promote a

sense of discipline and commitment among citizens.

Used in legal interpretation: Courts can use duties to examine and determine the
constitutional validity of a law.

Enforceable by law: Duties serve as a warning against anti-national and anti-social

activities, and can be enforced with penalties or punishments.

Rooted in Indian Culture: Duties represent social concepts that have grown through
Indian tradition and values such as tolerance, peace, and communal harmony.
Criticisms of Fundamental Duties

Superfluous in nature

Non-justiciable in nature
Fundamental
duties have Appended to Part IV instead of being added after the chapter on
been criticized fundamental rights
for being
Vague and ambiguous
Non-exhaustive in nature

Despite criticism, fundamental duties are important because they embody the
concept of responsible citizenship
Responsible citizenship includes all the responsibilities and duties that citizens of a
nation should exercise and respect
Important Judgments
and Observations on
Fundamental Duties
Judgments

Balaji Raghavan v Union of India, 1995: upheld constitutional validity of national

awards, citing Article 51A(j) on citizens' duty to strive for excellence.

M.C. Mehta vs Kamal Nath case, 2000: invalidated lease for hotel in ecologically
sensitive area.

Javed vs State of Haryana, 2003: upheld Haryana Panchayati raj act, 1995 debaring
those with more than two children from certain offices.

Aruna Roy vs Union of India, 2002: upheld National Curriculum Framework for
School Education, citing Article 51A(e) on promoting harmony and renouncing
derogatory practices.
Observations
Observations
• Verma Committee Observations (1999): recommended disseminating information
on Fundamental duties to public and including duty to vote as Fundamental Duty.
• Identified legal provisions paving way for execution of Fundamental Duties:
• Representation of People Act, 1951: rejects membership of corrupt members
of Parliament or State Legislatures.
• Unlawful Activities Protection Act, 1967: bans sectarian organizations within
national boundaries.
• Protection of Civil Rights Act, 1955: punishes offenders of untouchability.
• Wildlife Protection Act, 1972: prohibits illegal trading of rare animals, birds, and
plants.
• Prevention of Insults to National Honour Act, 1971: prohibits disrespect of
national anthem, flag, and constitution.
• Forest Conservation Act, 1980: prohibits destruction of natural forest and
regulates usage for other human activities.
Mains Question

How does Part IV of the Indian Constitution seek to establish socio-economic

democracy in the country? (10 marks, 150 words)
Thank you
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