DIRECTIVE PRINCIPLES

OF STATE POLICYS

NAME: ARIFA DIWAN

CLASS: B.A.LLB (SELF- FINANCE)
YEAR: 2ND YEAR
SEMESTER: 4TH SEMESTER
ROLL NUMBER: 7

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INDEX

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 SERIAL TOPIC PAGE
NUMBER NUMBER
1. DIRECTIVE PRINCIPLES OF STATE 3
POLICY S: ITS GENESIS, AND ITS
MEANING

2. 5
REFLECTION OF PREAMBLE

3. DIRECTIVE PRINCIPLES OF STATE 5

POLICY S AND ITS INTRICACIES

4. ENFORCEABILITY OF DIRECTIVE 6
PRINCIPLES OF STATE POLICY S

5. DIRECTIVE PRINCIPLES OF STATE 7

POLICY S AND FUNDAMENTAL
RIGHTS

6. CASES 7

7. DIRECTIVE PRINCIPLES OF STATE 8

POLICY S AND AMENDMENTS

8. 9
DIRECTIVE PRINCIPLES OF STATE
POLICY AND ITS
IMPLEMENTATION

9. CONCLUSION 10

10. 11

REFERENCE

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DIRECTIVE PRINCIPLES OF STATE POLICY S: ITS GENESIS, AND ITS
MEANING

Directive principles of state policy (Directive principles of state policy) have been in vogue
since India got independence. Its contravention with the Fundamental Rights (FR) has been
the point of contention in the courts. The non-justiciability of Directive principles of state
policy s has always been a moot point in India legal system. Directive principles of state
policy s are the non-justiciable part of the Constitution which suggests that a person cannot
enforce them in the Court.

The Concept of Directive principles of state policy is not an indigenous one. Our Constitution
makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in
Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of
State Policies. To understand the meaning of the directive principle of state policy, we need
to understand the meaning of each word i.e. Directive + principle + state + policy which
suggest that these are the principles that direct the state when it makes policies for its people.
These Directive principles of state policy s act as a guideline for the state and are needed to
be taken into consideration while coming up with any new law but a citizen cannot compel
the state to follow Directive principles of state policy s.

ARTICLE 36

DEFINES STATE AS SAME AS ARTICLE 12 UNLESS THE CONTEXT OTHERWISE

DEFINES.

ARTICLE 37

APPLICATION OF THE PRINCIPLES CONTAINED IN THIS PART.

ARTICLE 38

IT AUTHORISES THE STATE TO SECURE A SOCIAL ORDER FOR THE

PROMOTION OF THE WELFARE OF PEOPLE.

ARTICLE 39

CERTAIN PRINCIPLES OF POLICIES TO BE FOLLOWED BY THE STATE.

ARTICLE 39A

EQUAL JUSTICE AND FREE LEGAL AID.

ARTICLE 40

ORGANIZATION OF VILLAGE PANCHAYATS.

ARTICLE 41

RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN CERTAIN

CASES.

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ARTICLE 42

PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY

LEAVES.

ARTICLE 43

LIVING WAGE ETC. FOR WORKERS.

ARTICLE 43A

PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIES.

ARTICLE 43B

PROMOTION OF COOPERATIVE SOCIETIES.

ARTICLE 44

UNIFORM CIVIL CODE FOR THE CITIZENS.

ARTICLE 45

PROVISION FOR EARLY CHILDHOOD CARE AND EDUCATION TO CHILDREN

BELOW THE AGE OF SIX YEARS.

ARTICLE 46

PROMOTION OF EDUCATION AND ECONOMIC INTERESTS OF SC, ST, 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

ORGANIZATION OF AGRICULTURE AND ANIMAL HUSBANDRY.

ARTICLE 48A

PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND SAFEGUARDING OF

FORESTS AND WILDLIFE.

ARTICLE 49

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PROTECTION OF MONUMENTS AND PLACES AND OBJECTS OF NATIONAL
IMPORTANCE.

ARTICLE 50

SEPARATION OF JUDICIARY FROM THE EXECUTIVE.

ARTICLE 51

PROMOTION OF INTERNATIONAL PEACE AND SECURITY.

REFLECTION OF PREAMBLE

The Preamble of the Constitution is called the key to the mind of the drafters of the
Constitution. It lays down the objectives that our Constitution seeks to achieve. Many
scholars believe that Directive principles of state policy s is the kernel of the Constitution.
The Directive Principles of the State Policy (Directive principles of state policy s) lay down
the guidelines for the state and are reflections of the overall objectives laid down in the
Preamble of Constitution. The expression “Justice- social, economic, political” is sought to
be achieved through Directive principles of state policy s. Directive principles of state policy
s are incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and
fraternity. Moreover, it also embodies the idea of the welfare state which India was deprived
of under colonial rule.

DIRECTIVE PRINCIPLES OF STATE POLICY S AND ITS INTRICACIES

Constitution Drafters divided rights of the citizen into two parts i.e., Justiciable and Non-
Justiciable part. Part III of the Constitution was made Justiciable and the non-justiciable part
was added in Part IV (Article 36 to Article 51) of the Indian Constitution. This part is called
the Directive Principles of State Policy.
Directive principles of state policy s are positive obligations on the state. Directive principles
of state policy s were not made justiciable because India did not have sufficient financial
resources. Moreover, its backwardness and diversity were also a hindrance in implementing
these principles at that time. At the time of the drafting of the Constitution, India was a newly
born independent state and was struggling with other issues and making Directive principles
of state policy s justiciable would have put India in great difficulty.

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Article 37 defines the nature of Directive principles of state policy. It states that Directive
principles of state policy s are not enforceable in the courts but at the same time, it defines
Directive principles of state policy s as a duty of the state. Moreover, the same Article defines
Directive principles of state policy s as principles that are fundamental to the governance of
any country. It shows the relevance and significance of Directive principles of state policy s
in the constitution and in the governance of a country.

ENFORCEABILITY OF DIRECTIVE PRINCIPLES OF STATE POLICY S

Many times, the question arises that whether an individual can sue the state government or
the central government for not following the directive principles enumerated in Part IV. The
answer to this question is in negative. The reason for the same lies in Article 37 which states
that:
“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.”
Therefore, by the virtue of this Article no provision of this part can be made enforceable in
the court of law thus these principles cannot be used against the central government or the
state government. This non-justiciability of Directive principles of state policy s makes the
state government or the central government immune from any action against them for not
following these directives.
Another question arises that whether Supreme Court or High Court can issue the writ of
mandamus if the state does not follow the directive principles. The literal meaning of
mandamus is “to command.” It is a writ which is issued to any person or authority who has
been prescribed a duty by the law. This writ compels the authority to do its duty.
The Writ of mandamus is generally issued in two situations. One is when a person files writ
petition or when the Court issues it Suo moto i.e. own motion. As per Constitutional
Principles, a Court is not authorized to issue the writ of mandamus to the state when the
Directive Principles are not followed because the Directive Principle is a yardstick in the
hand of people to check the performance of government and not available for the courts. But
the Court can take Suo moto action when the matter is of utmost public importance and affect
the large interest of the public.
Fundamental Rights are the legal obligation of the state to respect, whereas the Directive
principles of state policy s is the moral obligation of the state to follow. Article 38 lay down
the broad ideals which a state should strive to achieve. Many of these Directive Principles
have become enforceable by becoming a law. Some of the Directive principles of state policy
s have widened the scope of Fundamental Rights.

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DIRECTIVE PRINCIPLES OF STATE POLICY S AND FUNDAMENTAL RIGHTS

The compatibility between Fundamental Rights and Directive principles of state policy s have
always been contentious. The applicability of both the concepts need to be understood
because if the Constitution is a coin then Fundamental Rights and Directive principles of state
policy s are two facades of that coin.
On the one hand Part III i.e., Fundamental Rights limit the power of government and restrains
the state from making any law which contravenes the interests of its people, on the other
hand, Part IV helps the state in making a law which harmonizes the interest of its people.
Both Fundamental rights and Directive Principles of State Policy hold equal relevance and
significance in the current legal scenario and cannot overlook each other. Many people argue
that Directive principles of state policy s are useless because of its non-justiciability but we
need to understand that these are not only the guiding principles but also lay down the broad
objectives and ideals that India strives to achieve.

CASES

The question that whether Fundamental Rights precedes Directive principles of state policy s
or latter takes precedence over former has been the subject of debate for years. There are
judicial pronouncements which settle this dispute.

State of Madras v, Champakan

(AIR 1951 SC 226)
The Apex Court was of the view that if a law contravenes a Fundamental right, it would be
void but the same is not with the Directive principles of state policy. It shows that
Fundamental rights are on a higher pedestal than Directive principles of state policy.

Kerala Education Bill (1957)

(1959 1 SCR 995)
The Court said that in case of conflict between Fundamental Right and Directive principles
of state policy, the principle of harmonious construction should be applied. But still after
applying the doctrines of interpretation, there is a conflict between fundamental right and
Directive principles of state policy s, then the former should be upheld.
In Venkataraman v. State of Madras (1966 AIR 1089), Court gave precedence to
Fundamental rights over Directive principles of state policy.

I C. Golaknath & Ors v. State of Punjab & Anr.

(1967 AIR 1643)
The Court was of the view that Fundamental rights cannot be curtailed by the law made by
the parliament. In furtherance of the same the Court also said that if a law is made to give
effect to Article 39(b) and Article 39(c) which come under the purview of Directive
principles of state policy s and in the process the law violates Article 14, Article 19 or Article
31, the law cannot be declared as unconstitutional and void merely on the ground of said
contravention.

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The 42nd Constitution Amendment widened the scope of Article 31C to cover all the
directive principles laid down in the Constitution. Prior to the Amendment Article 31C saved
only those laws which gave effect to the Directive Principles of State Policy specified in
Article 39(b) and 39(c).

Keshavnanda Bharati v. the State of Kerala

(1973) 4 SCC 225)
The Apex Court placed Directive principles of state policy s on the higher pedestal than
Fundamental Rights. Ultimately in the case of Minerva Mills vs Union of India (AIR 1980
SC 1789), the question before the court was whether the directive principles of State policy
enshrined in Art IV can have primacy over the fundamental rights conferred by Part III of the
Constitution. The court held that the doctrine of harmonious construction should be applied
because neither of the two has precedence to each other. Both are complementary therefore
they are needed to be balanced.

Unnikrishnan v. State of Andhra Pradesh

(1993 SCC (1) 645)
The Court was of the view that Fundamental Rights and Directive Principles are not
exclusive to each other therefore they should not be read in exclusion. Moreover, the Court
said that the Fundamental Rights are the means through which the goals enumerated in Part
IV are achieved.

DIRECTIVE PRINCIPLES OF STATE POLICY S AND AMENDMENTS

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 Directive principles of state policy s.
Beginning with the 42nd Constitutional Amendment 1976, it made four changes in Directive
principles of state policy s. Firstly, it amended Article 39 which obligates the state to secure a
social order for the promotion of the 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 aid. By the
virtue of this Article, Parliament came up with the law called the Legal Services Authorities
Act, 1987. It also added Article 48A which deals with the protection and improvement of
environments. The Water Pollution, Air Pollution, Environmental Pollution Acts, The Forest
Act etc demonstrate the application of the principles laid down in Article 48A.
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.

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73rd Constitutional Amendment, 1992 which brought Panchayats in Part IX of the
Constitution had its genesis in Article 40 of the constitution. It deals with the Organization of
village Panchayats.
86th Constitutional Amendment, 2002 inserted Article 21-A 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. The roots of this amendment are in Article 41 which
talks about Right to work, to education and to public assistance in certain cases.
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.

DIRECTIVE PRINCIPLES OF STATE POLICY AND ITS IMPLEMENTATION

Although the implementation of the principles laid down in Part IV are not directly visible
yet there are a plethora of laws and government policies which reflect the application of the
principle of Part IV. In the Judicial History of India, many laws and legal provisions were
created by judicial reasoning. In such cases, Directive principles of state policy s played a
very vital role and the courts took the directive principles into consideration very cautiously.
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.
In the end, all these laws and policies try to achieve goals and principle given in Article 38
i.e. the creation of welfare state.
Importance of Directive principles of state policy s for an Indian citizen
Regardless of the non-justiciable nature of Directive principles of state policy s, a citizen
should be aware of them. As the Article 37 itself describes these principles as fundamental in
the governance of the country. The objective of the Directive principles of state policy s is to
better the social and economic conditions of society so people can live a good life.
Knowledge of Directive principles of state policy s helps a citizen to keep a check on the
government.
A citizen can use Directive principles of state policy s as a measure of the performance of the
government and can identify the scope where it lacks. A person should know these provisions
because ultimately these principles act as a yardstick to judge the law that governs them.
Moreover, it also constrains the power of the state to make a draconian law. Through various
judicial pronouncements, it is settled principle now that balancing Directive principles of

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state policy s and Fundamental rights is as important as maintaining the sanctity of
Fundamental Rights. Non-following a directive principle would directly or indirectly affect
the Fundamental Right which is considered as one of the most essential parts of the
Constitution.

CONCLUSION

This Article tries to prove that the relevance and significance of Directive principles of state
policy s cannot be overlooked only on the basis of its non-justiciability. Our constitutional
drafters did not add these provisions just for the sake of existence, rather they added these
principles to facilitate the governance of the country. They added this part to meet the main
objectives and the ultimate goal of a country. Moreover, after looking at the above-mentioned
information, it would be wrong to say that Directive principles of state policy s are not
implemented. Every policy and law that the state comes up with has to meet the standards of
Part IV. Thus, even after being non-justiciable, they hold equal relevance and significance as
Fundamental rights or any other provision of Constitution.

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REFERENCES

1. Articles Related to Directive Principles of State Policy by Hemant Pratap Singh.

(https://www.jagranjosh.com/general-knowledge/articles-related-to-directive-
principles-of-state-policy-1474442764-1)
2. Directive Principles of State Policy (DPSP), (http://www.iasscore.in/upsc-
prelims/directive-principles-state-policy-fundamental-duties)
3. Directive Principles of State Policy (DPSP),
(https://www.gktoday.in/academy/article/directive-principles-of-state-
policy/#Sources_of_DPSP) Directive Principles of State Policy (DPSP): Amendment,
Sanctions, and Criticism, (https://aspirantforum.com/2016/06/27/directive-principles-
of-state-policy-amendment-sanctions-criticism/)
4. Constituent assembly debate on Directive Principles of State Policy by Surabhi
Rao,(http://logos.nationalinterest.in/2014/07/constituent-assembly-debate-on-
directive-principles-of-state-policy/) Scope of Enforcement of DPSPs by Aakanksha
Bhola, (https://www.lawctopus.com/academike/scope-of-enforcement-of-
dpsps/#_edn6)
5. Fundamental Rights and Directive Principles (https://www.lawteacher.net/free-law-
essays/administrative-law/fundamental-rights-and-directive-principles-administrative-
law-essay.php?vref=1) Fundamental Rights vs Directive Principles: What If there is a
conflict?, (https://www.clearias.com/fundamental-rights-vs-directive-principles-what-
if-there-is-a-conflict/)

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