INDIAN

CONSTITUTI
ON
Directive Principles of
State Policy – lecture –
Part - 2

By amit Varidhi kilhor

 PART- IV
Indian Constitution - Polity

(Articles 36-
51)
Directive
Principles of
State Policy
CRITICISM OF THE
DIRECTIVE
PRINCIPLES
•No Legal Force

•Illogically Arranged

•Conservative

•Constitutional Conflict
UTILITY OF DIRECTIVE
PRINCIPLES
•the Directive Principles are not
an unnecessary appendage to
the Constitution. The
Constitution itself declares that
they are fundamental to the
governance of the country.

•that the Directives have great

value because they lay down
that the goal of Indian polity is
‘economic democracy’ as
distinguished from ‘political
democracy’
confer no legal rights and create no legal
remedies, are significant and useful in the
following ways
They are like an ‘Instrument of Instructions’ or
general recommendations addressed to all
authorities in the Indian Union.
They have served as useful beacon-lights to
the courts
They amplify the Preamble, which solemnly
resolves to secure to all citizens of India
justice, liberty, equality and fraternity.
•The justiciability of Fundamental Rights and non-justiciability of
Directive Principles on the one hand and the moral obligation of
State to implement Directive Principles (Article 37) on the other
hand have led to a conflict between the two since the
commencement of the Constitution
CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE
PRINCIPLES
•. In the Champakam Dorairajan case
(1951), the Supreme Court ruled that in
case of any conflict between the
Fundamental Rights and the Directive
Principles, the former would prevail. It
declared that the Directive Principles have
to conform to and run as subsidiary to the
Fundamental Rights. But, it also held that
the Fundamental Rights could be amended
by the Parliament by enacting
constitutional amendment acts. As a result,
the Parliament made the First Amendment
Act (1951), the Fourth Amendment Act
(1955) and the Seventeenth Amendment
Act (1964) to implement some of the
Directives.
•The above situation underwent a
major change in 1967 following the
Supreme Court’s judgement in the
Golaknath case (1967). In that case,
the Supreme Court ruled that the
Parliament cannot take away or
abridge any of the Fundamental
Rights, which are ‘sacrosanct’ in
nature. In other words, the Court
held that the Fundamental Rights
cannot be amended for the
implementation of the Directive
Principles.
The Parliament reacted to the Supreme Court’s judgement in the Golaknath
Case (1967) by enacting the 24th Amendment Act (1971) and the 25th
Amendment Act (1971). The 24th Amendment Act declared that the
Parliament has the power to abridge or take away any of the Fundamental
Rights by enacting Constitutional Amendment Acts. The 25th Amendment
Act inserted a new Article 31C which contained the following two provisions:
1. No law which seeks to implement the socialistic Directive Principles
specified in Article 39 (b)22 and (c)23 shall be void on the ground of
contravention of the Fundamental Rights conferred by Article 14 (equality
before law and equalprotection of laws), Article 19 (protection of six rights
in respect of speech, assembly, movement, etc) or Article 31 (right to
property).
2. 2. No law containing a declaration for giving effect to such policy shall be
questioned in any court on the ground that it does not give effect to such
a policy.
•In the Kesavananda Bharati
case (1973), the Supreme Court
declared the above second
provision of Article 31C as
unconstitutional and invalid on
the ground that judicial review
is a basic feature of the
Constitution and hence, cannot
be taken away. However, the
above first provision of Article
31C was held to be
constitutional and valid.
•Later, the 42nd Amendment Act (1976)
extended the scope of the above first provision of
Article 31C by including within its protection any
law to implement any of the Directive Principles
and not merely those specified in Article 39 (b)
and (c).
•In other words, the 42nd Amendment Act
accorded the position of legal primacy and
supremacy to the Directive Principles over the
Fundamental Rights conferred by Articles 14, 19
and 31. However, this extension was declared as
unconstitutional and invalid by the Supreme
Court in the Minerva Mills case (1980). It means
that the Directive Principles were once again
made subordinate to the Fundamental Rights.
But the Fundamental Rights conferred by Article
14 and Article 19 were accepted as subordinate
to the Directive Principles specified in Article 39
(b) and (c).
•In the Minerva Mills case (1980), the
Supreme Court also held that ‘the Indian
Constitution is founded on the bedrock of
the balance between the Fundamental
Rights and the Directive Principles. They
together constitute the core of commitment
to social revolution. They are like two wheels
of a chariot, one no less than the other. To
give absolute primacy to one over the other
is to disturb the harmony of the
Constitution. This harmony and balance
between the two is an essential feature of
the basic structure of the Constitution. The
goals set out by the Directive Principles have
to be achieved without the abrogation of the
means provided by the Fundamental Rights’
Therefore, the present position
is that the Fundamental Rights
enjoy supremacy over the
Directive Principles. Yet, this
does not mean that the
Directive Principles cannot be
implemented. The Parliament
can amend the Fundamental
Rights for implementing the
Directive Principles, so long as
the amendment does not
damage or destroy the basic
structure of the Constitution
Apart from the Directives included
in Part IV, there are some other
Directives contained in other Parts
of the Constitution.
They are: 1. Claims of SCs and STs to Services: 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 a State (Article 335 in Part XVI).
2. Instruction in mother tongue: It shall be the endeavour of every state and every local
authority within the state to provide adequate facilities for instruction in the mothertongue
at the primary stage of education to children belonging to linguistic minority groups (Article
350-A in Part XVII).
3. Development of the Hindi Language: It shall be the duty of the Union to promote the
spread of the Hindi language and to develop it so that it may serve as a medium of
expression for all the elements of the composite culture of India (Article 351 in Part XVII).
The above Directives are also non-justiciable in nature. However, they are also given equal
importance and attention by the judiciary on the ground that all parts of the constitution
must be read together
•For amending the Directive
Principles of State Policies, the
Constitutional amendment is
required. It has to be passed
by the special majority of both
the houses of the Parliament.
Post-independence there have
been number of amendments
to the constitution and some
of them are pertaining to
DPSPs.
Beginning with the 42nd Constitutional Amendment 1976, it made
four changes in DPSPs. Firstly, it amended Article 39 which
obligates the state to secure a social order for the promotion of the Amendments
welfare of the people. Moreover, it added Article 39-A which makes
it the duty of the state to provide for equal justice and free legal Associated with
aid. By the virtue of this Article, Parliament came up with the law
called the Legal Services Authorities Act, 1987. It also added Article DPSPs
48A which deals with the protection and improvement of
environments.
44th Constitutional Amendment, 1978 added Article 38 clause (2)
which directs the state to minimize inequalities in income, to
eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.
86th Constitutional Amendment, 2002 inserted Article 21-A and
changed Article 45 in the Constitution of India. It provides Right to
free and compulsory education of all children in the age group of
six to fourteen years as a Fundamental Right.
97th Constitutional Amendment 2011 added Article 43-B it
authorizes the state to promote voluntary formation, autonomous
functioning, democratic control and professional management of
the co-operative societies.
•Policies like Mahatma Gandhi
National Rural Employment
Guarantee Act (MGNREGA) get
their authority from Article
39(a) which talks about the right
to adequate means of
livelihood. Laws such as the
Child Labour (Prohibition and
Regulation) Act 1986 bolster the
canons of Article 39(g) which
deals with the protection of
children.
•Laws pertaining to prohibition of
slaughter of cows and bullocks get
their sanctity from Article 48 which
deals with the organization of
agriculture and husbandry. Laws
such as Workmen Compensation
Act, Minimum Wages Act, Industrial
Employment (Standing Orders) Act,
The Factories Act, Maternity Benefit
Act depict the implementation of
Article 41, Article 42 and Article
43A.
•Government Policies such as Integrated Rural
Development Program (IRDP), Integrated Tribal
Development Program (ITDP), and Pradhan Mantri Gram
Sadak Yojana etc. are the reflections of the principle
objectives enumerated in Article 47 which talks about
raising the standard of living and to improve public
health.

•The Ancient and Historical Monument and

Archaeological Sites and Remains Act (1951) has been
enacted to protect the monuments, places and objects of
national importance.
•Some states have initiated the old age pension schemes
for people above 65 years.
• India has been following the policy of non-alignment
and panchsheel to promote international peace and
The Minimum Wages Act (1948)
Child Labour Prohibition and Regulation Act (1986)
The Maternity Benefit Act (1961)
Equal Remuneration Act (1976)
Handloom Board, Handicrafts Board, Coir Board, Silk Board, etc. have been set up for the
development of cottage industries in the country.
Integrated Rural Development Programme (1978)
Jawahar Rozgar Yojana (1989)
Swarnajayanti Gram Swarozgar Yojana (1999)
Sampoorna Gram Rozgar Yojana (2001)
Mahatma Gandhi National Rural Employment Guarantee Programmes (2006)
The National Forest Policy (1988)
Article 21-A was inserted by the 86th amendment, making free education for children below
the age of 14 compulsory.
Prevention of Atrocities Act safeguarding the interests of SCs and STs.