Unit-IV

Directive Principles of
State Policy
Directive principles of state policy
 Part IV article 36-51 of the India constitution says
about directive principles of state policy.
 It sets forth the ideals and objectives to be achieved
by the state for setting up in India a social welfare
state, as distinguished from a mere police state, which
aims at social welfare state, as distinguished from the
common good and the secure to al its citizens, justice
socio and economic.
 The inspiration to include directive principles of state
policy is drawn from the constitution of Ireland.
• The basic aim of the welfare state is the
attainment of the substantial degree of social,
economic and political equalities, as its
responsibility to provide the means, whereby all
members can reach minimum standard of
economic security, civilized living capacity to
secure social status and culture to keep good
health.
 Object and purpose behind the directive
principles
The founding fathers were aware of the drawbacks; the
country had been suffering from such as poverty
unemployment, lack of education, social, economic, and
political backwardness.

They in order to eradicate these evils, set forth in the very

preamble, the ideals and objectives to be achieved. The
intention of the constitution framers was to establish in
India a democracy political, economic and social.
• To achieve this cherished goal, the framers
were unanimous to secure to the people
practically all the prevailing political social and
economic rights. These rights were broadly
speaking divided into two categories

Political and Civil Rights

Social and Economic Rights
• The political and Civil rights which were in
opinion, with the reach of the individual were
provisional as fundamental rights and

• the latter being considered beyond individual’s

reach under the prevailing circumstances,
were titled as Directive Principles of State
Policy.
Distinction between fundamental rights and directive principles of state
policy

• Fundamental Rights
• Fundamental rights are enforceable through courts of law.
(justice able) Fundamental rights prohibit the state from doing
certain things
• Civil and political rights are predominant in fundamental rights.
• Contravention of any fundamental rights can be rescinded by
the court

• Courts can strike down an act of Government violative of any

fundamental right and can enforce the right against the
Government.
• Directive principles of State Policy
• Directive principles of State policy are not enforceable
(non-justice able)

• Directives are affirmative instruction to the State to do

certain things.
• Economic and social rights are predominant in the
directive principle
• The courts cannot declare any law as void on the
ground that it contravenes any of the directive
principles.
• Directives do no confer upon or take away any
legislative power from the appropriate legislature.
• Case- State of Madras v. Champakam
Dorairajan AIR 1951 SC 226 the first case
relating to the relationship between the
fundamental rights and the directive
principles, the SC held that the directives
would have to conform to and run as
subsidiary to the chapter on fundamental
rights.
• In re Kerala Education Bill AIR 1958 SC 956
The Supreme Court observed “though the directive
principles can not override the fundamental rights,
nevertheless, in determining the scope and ambit of
fundamental rights the court could not entirely
ignore the directive principle but should adopt the
principle of harmonious construction and should
attempt to give effect to both as much as possible.

The Supreme Court began to assert that there is “no

conflict on the whole” between the fundamental
rights and the directive principles. They are
complementary and supplementary to each other.
• In Minerva Mills Limited v/s Union of India AIR 1980SC 1789
 The court observed that the constitution was founded on the
bed-rock of balance between part III and part IV. To give
absolute primacy to one over the other was to disturb the
harmony of the constitution.

 This harmony and balance between fundamental rights and the

directive principles is an essential feature of the basic structure
of the constitution.

 Both the fundamental and directive principles of the state policy

are embodying the philosophy of our constitution, the
philosophy of justice social economic and political. They are the
two wheels of the chariot as an aid to make social and economic
democracy a truism(obvious truth).
• It was in 1971 that the first step was taken to provide supremacy for
directive principles in the form of article 31c which was added to the
constitution by the constitution twenty fifth amendments Act, 1971

• The effect of the insertion of articles 31c was to provide supremacy for
directive principles contained in articles and 39(c) over fundamental
rights contained in articles 14, 19 and 31. It enhanced the utility of
directive principles which had stood the testimony of the Supreme
Court in Kesavananda Bharti v/s State of Kerala AIR 1973SC1461

• The Court observed: In building up a just and social order it is

sometimes imperative that the fundamental rights shared be
subordinated to directive principles, economic goals have no un
contestable claims for priority over ideological ones on the ground
that excellence comes only after existence. It is only if men exist that
there can be fundamental rights.
 Article 36:
•Definition of state:

“The State’’ includes the Government and

Parliament of India and the Government and the
Legislature of each of the States and all local or
other authorities within the territory of India or
under the control of the Government of India.
 Promotion of Social Order- Art 38
1-State to secure a social order for the promotion of
welfare of the people.
On the basis of justice –economic, political and
social
It contains the same as already there in preamble

(2) 44th amendment – inserted a new DP which

provides that the state shall ,in particular shall strive
to minimize the inequalities in
Income and endeavour to eliminate inequalities in
Status ,facilities and oppurtunities
and not only against individuals but also amongst
group of peoples residing in different area or engaged
in different vocations

and it will help in having a national policy on wages

and eliminate inequalities in various spheres of life.
Case- Air India Statutory Corporation v. United
Labour Union AIR 1997 SC 645
• Concept of social justice has been defined it was
said that justice is genus n social justice is species it
was held that social justice is a dynamic device to
mitigate the sufferings of the poor, weak, dalits,
tribals and deprived sections of the society.
 Article 39: Certain principles of Policy to be
followed by the State
The State to secure economic justice-
1. equal rights to men and women to adequate means of
livelihood

2.  ownership and control of material resources of the

community to the common good

3.to ensure that the economic system should not result in

concentration of wealth and means of production to the
common detriment

4. equal pay for equal work for both men n women

  
5. protection of health/strength of workers and
tender age of children and to ensure that they
are not forced by economic necessity to enter
avocations unsuited to their age or strength

6. That children are given opportunities and

facilities to develop in a healthy manner and in
conditions against exploitations and against
moral and material abandonment.
Clause (f) was modified by 42nd amend. With a
view to emphasize the constructive role of the
state with regard to children
In M.C. Mehta v. State of Tamilnadu(1991)-
employment of children in match factories in
manufacturing process cannot be allowed but only
in packing but away from place of manufacturing.
In landmark judgment M.C. Mehta v state of T.N.
(child labour abolition case) AIR1997 SC 699-
 it was held that below 14 cannot be employed in
any hazardous industry or mines or other work.
Equal pay for equal work-art 39(d)-
Parliament has enacted Equal remuneration
Act 1976 and made it judicially enforceable in
the court
Randhir singh v UOI AIR 1982 SC 879 the SC
held that the principle of equal pay equal work
though not a fundamental right is certainly a
constitutional goal and therefore, capable of
enforcement through constitutional remedies
under Art 32 of the Constitution.
 Article 39 A:Equal justice and free legal aid to economically backward classes

Equal justice and free legal aid to citizens having

economic or other disabilities.
 Added by 42th amendment Act, 1976
It directs the state to ensure that the operation
of the legal system promote justice , on basis of
equal opportunities and shall in particular provide
free legal aid, by suitable legislation or schemes or
in any other way.
   
• Legal aid and speedy trial have now been held
to be fundamental rights under Art 21
available to all prisoners and enforceable by
the courts.
• Case- Centre of Legal Research v. State of
Kerala AIR 1986 SC 1322- it has been held that
in order to achieve the objectives in Art 39-A,
the State must encourage and support the
participation of voluntary organisations or
social action groups in operating the legal aid
programme.
Article 40: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.
The Constitution (73 & 74 Amendment) Act, 1992
inserted articles 243 to 243Z for the
implementation the directive principles contained
in art 40.
Article 41:Right-to work, to education and to
public assistance in certain cases.
•It directs the state to ensure the people within the
limits of its economic capacity and development
a)employment, b)education, c) public assistance in
cases of employment, old age, sickness and
disablement and in other cases of undeserved want.
Case- D.S. Nakara v. Union of India AIR 1983 SC130

It has been held that the application of liberalised

pension rules only to such government servants who
retired on or after 31st march 1979, meted out an
unequalment to those pensioners who had retired
earlier. It was held that rules were contrary to article
41.
Article 42: Just and Human Conditions of Work
•Provision for just and humane conditions of work
and maternity relief .
• Case- P. Shivaswamy v. State of A.P AIR 1988
SC 1863- it was held that Rs 738 paid per family
per month as financial assistance to the
repatriated bonded labourers, set free from
bonds, were inadequate and not in conformity
with Art 42
Article 43:- Living wage of workers:
The State shall try to secure by suitable legislation
or economic organisation or in any other way, to all
workers, agricultural, industrial or otherwise, 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 cooperation basis in
rural areas.
Art 43 talks about Living wage and not for
minimum wage. The concept of living wage
includes in addition to bare necessities of life, such
as food, shelter and clothing ,provisions for
education of children and insurance etc.

Article 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-44 Uniform Civil Code
It requires the State to secure for the citizens a
Uniform Civil Code throughout the territory of
India
• What is a civil code?
The entire body of laws governing the rights
relating to property and otherwise in personal
matters like marriage, divorce, inheritance,
adoption and maintenance.
• In India- distinct personal laws for different
communities.
 WHAT IS UCC?
• Uniform set of civil laws.
• Covers marriage, inheritence, adoption,
divorce and maintenance.
• Applicable on everyone, despite of their
religion, caste or community.
• Will remove all the personal laws.
• Is a big step toward women empowerment.
• Mentioned under article 44 of the Indian
Constitution.
 ESSENTIALS OF UCC
1. Marriage & Divorce
• Monogamy
• Fixed Age-limit ( male:21 years & female:18
years) to curb child marriage.
• Compulsory registration of marriage.
• Grounds and procedures for divorce should be
specified.
2. Succession & inheritance
• Equal shares to sons and daughters in
father’s property.
• No discrimination in matters of inheritance.
• Provisions for inheritance of mother’s
property.
• Essentials, procedures and execution of will.
• Provisions for gifts.
3. Maintenance
• Husband’s duty to maintain wife during the
marriage and after also until she remarries.
• Amount of alimony to be decided on income,
status & lifestyle of husband.
• Responsibility of children to maintain
parents.
• Parents should maintain their children.
 POSITION OF UCC UNDER THE INDIAN
CONSTITUTION
• Preamble – starts with ‘we the people’ and talks about fraternity and
secularism.

• Article 44, one of the "directive principles" laid down in the

Constitution, says: "The State shall endeavour to secure for the citizens
a uniform civil code throughout the territory of India."

• As Article 37 of the Constitution itself makes clear, the directive

principles "shall not be enforceable by any court". Nevertheless, they
are "fundamental in the governance of the country".

• Article 15 of the Indian constitution guarantees to every citizen that

consists of ‘not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them’.
• It is often argued that right to religion under
article 25 clearly prohibits a uniform civil code
– misconception
• Only Hindu law is codified by the parliament
and not any other personal law.
 WHY DO WE NEED UCC?
• Women empowerment.
• Establish Right to equality.
• Gender justice.
• Remove patriarchal society.
• Bring uniformity in laws
• Remove ambiguities regarding rights and
duties.
• Establishing complete secularism.
• Imparting justice in true sense.
 CASE-LAWS
• In Mohammad Ahmed Khan v. Shah Bano Begum AIR 1985 SC
945 popularly known as Shah Bano’s case, the Supreme Court held
that
• “It is also a matter of regret that Article 44 of our Constitution has
remained a dead letter.”
• Though this decision was highly criticized by Muslim
Fundamentalists, yet it was considered as a liberal interpretation of
law as required by gender justice. Later on, under pressure from
Muslim Fundamentalists, the central Government passed the
Muslim Women’s (Protection of rights on Divorce) Act 1986, which
denied right of maintenance to Muslim women under section 125
Cr.P.C.
• The activist rightly denounced that it “was doubtless a retrograde
step. That also showed how women’s rights have a low priority
even for the secular state of India. Autonomy of a religious
establishment was thus made to prevail over women’s rights.
• In Sarla Mudgal (Smt.), President, Kalyani and others
v. Union of India and others, 1995 3SCC 635 Kuldip
Singh J., while delivering the judgment directed the
Government to implement the directive of Article 44
and to file affidavit indicating the steps taken in the
matter and held that,
• “Successive governments have been wholly remiss in
their duty of implementing the Constitutional
mandate under Article 44, Therefore the Supreme
Court requested the Government of India, through the
Prime Minister of the country to have a fresh look at
Article 44 of the Constitution of India and endeavour
to secure for its citizens a uniform civil code through
out the territory of India.”
• Lily Thomas etc. v. Union of India and others
AIR 2000 SC 1650, at held :
“The desirability of Uniform Civil Code can
hardly be doubted. But it can concretize only
when social climate is properly built up by
elite of the society, statesmen amongst
leaders who instead of gaining personal
mileage rise above and awaken the masses to
accept the change.”
• John Vallamatton v. Union of India AIR 2003
SC 2902 SC once again expressed regret for
non enactment of Common Civil Code. A
Common Civil Code will enhance the cause of
national integration by removing the
contradictions based on ideologies.
Article 45- Provision for free and compulsory education for children
below the age of 6 years-

•State to make provision within 10 yrs for free n compulsory education for
all children until they complete the age of 14 yrs
•The object was to remove illiteracy from country

•Landmark case of Unni krishanan v . State of A.P.(1993) 1SCC 645 the SC

has held that the right to education is part of art 21, but thereafter the
obligation of the State to provide education is subject to the limits of its
economic capacity.

•But in 86th amend of 2002 it is the duty of the state now to provide for
early childhood care n education for all the children until they completes
the age of 6 yrs. and it was necessitated as a result of making the right to
education up to 14 yrs of age as fundamental right.
 Article 46:- Promotion of educational and economic interest of weaker sections-

•The State to promote with special care the

education and economic interests of the weaker
sections of the people, and in particular of the
Scheduled castes , Scheduled Tribes and to
protect them from social injustice and of all
forms of exploitation.
• Case- Indira Sawhney v. Union of India AIR
1993 SC477 the court laid down that the
expression weaker sections of the people was
wider than the expression backward classes of
citizens or socially and educationally backward
classes or SC and ST. The expression included
all sections of the society, who were rendered
weaker due to various causes including
poverty and natural and physical handicaps.
Article 47:Duty to raise the standard of living and
improvement of Health:
Duty of the State to raise the level of nutrition and
the standard of living and to improve public health.
In particular ,the state should bring about the
consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious
to health.
Case- Dabur India Ltd. v. State of U.P AIR 1988 SC
520 Medicinal purposes in Art 47 seem to
contemplate the use of the liquor for making
medicinal preparations and not the free use of
intoxicating drinks as medicine.
• The State Government does have the power to
regulate the possession or consumption of
medicinal preparations containing a high
percentage of alcohol.
• Case- M Vijaya v. Chairman, Singareni
Collieries AIR 2001 AP 502 it was held that
since the State under Art 47 is under an
obligation, to take all steps for the
improvement of public health. Thus it was
necessary for the state to identify HIV+ cases
and any action taken in that regard could not
be termed as unconstitutional.
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 cattle.
Case M.H Quareshi v. State of Bihar AIR 1958 SC 731
• preserving and improving the breeds, and prohibiting
the slaughter of cows and calves and other milch
cattle represented two special aspects of the
preceding general Directive for organising agriculture
and animal husbandry on modern and scientific lines.
 Article 48 A: Protection and improvement
of environment and wild life
The State shall endeavour to protect and improve
the environment and to safeguard the forests and
wild life of the country.

Case- M.C.Mehta(II) v UOI-1998 SC 2340 the SC

have given the directions to Central, State and local
bodies and boards under various statutes to take
appropriate steps for the prevention and control of
pollution of water.
Article 49: Protection of Monuments
•Protection of monuments and places and objects of national
importance.
•so govt has passed Ancient and historical monuments and
archaeological sites and remains (declaration of national
importance )Act,1951

Article 50: Separation of judiciary from executive

•Separation of judiciary from executive in the public services of
the state n it is very essential for the promotion of rule of law.

Article 51: Promotion of international peace and security

 -just and honorable relations.

-encourage settlement of international disputes by arbitration
-foster respect for international law and treaty obligations in
the dealings of organised peoples with one other.
 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.

 FUNDAMENTAL DUTIES
Chapter IV A was added to
the constitution by 42th
Amendment Act, 1976.
10 fundamental duties
 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 which inspired our 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; to renounce practices derogatory to
the dignity of women;
• (f) to value and preserve the rich heritage of our composite
culture;
• (g) to protect and improve the natural environment including
forests, lakes, rivers and wild life, 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;

• (k) who is a parent or guardian to provide opportunities for

education to his child or, as the case may be, ward between the age
of six and fourteen years. (added by 86th Amendment Act, 2002)
 Need for fundamental duties
• Rights and duties are correlative.
• The fundamental duties are intended to serve
as a constant reminder to every citizen that
while the constitution specifically conferred on
them certain fundamental rights, it also
requires citizens to observe certain basic norms
of democratic conduct and democratic
behaviour.
 Source of fundamental duties
• None of the Western countries constitution provides
for duties & obligations of citizens.
• Democratic constitutions of the world like Japan
certain duties are mentioned
• In Britain, Canada and Australia rights and duties are
governed largely by common law and judicial
decisions.
• French constitution makes a passing reference to
duties
• American constitution mentions only fundamental
rights
• Socialist countries like Yugoslavia great
emphasis is given on fundamental duties
• Soviet Constitution contains a comprehensive
chapter (7) on citizens duties.
• Republic of China also specifies in chapter II
duties upon the citizens
 Enforcement of duties
• The duties incorporated in the constitution by the
42nd amendment are statutory duties and shall be
enforceable by law.
• Parliament, by law, will provide penalties to be
imposed for failure to fulfil those duties and
obligations.
• For the proper enforcement of duties, it is necessary
that it should be known to all.
• This should be done by a systematic and intensive
education of the people that is by publicity or by
making it a part of the syllabi and curriculum of
education.
• Case- M.C Mehta v. Union of India (1983) 1
SCC 471- the SC has held that under Art 51-
A(g) it is duty of the Central government to
introduce compulsory teaching of lessons at
least for one hour in a week on protection and
improvement of natural environment in all
educational institutions of the country.
 Fundamental Duties- An Aid to interpretation of
Constitutional Provisions
• In AIIMS Students Union v. AIIMS AIR 2001 SC 3262
speaking about the importance of fundamental duties
enshrined in Art 51A while striking down the
institutional reservation of 33% in AIIMS coupled with
50% reservation discipline wise as violative of Art 14 of
the constitution, the SC said that-
• they are equally important like fundamental rights.
Though fundamental duties are not made enforceable
like fundamental rights but it cannot overlook as duties
in Part IVA is prefixed by the same word fundamental
which was prefixed like wise before right Part III.
• Case- Aruna Roy v. Union of India AIR 2002 SC3176-
the validity of National Curriculum Framework for
School Education was challenged on the ground that
it was violative of Art 28 of the Constitution and anti
secular.
• It provides imparting of value development
education relating to basics of all religion.
• The court held that NCFSE does not mention of
imparting religious instructions as prohibited under
art 28.
• It only takes into account Art 51(A) (e) & hence such
education is neither violative of Art 28 of the
constitution nor is against the concept of secularism.