Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. Dr B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution. Granville Austin has described the Directive Principles and Fundamental Rights as the ‘Conscience of the Constitution’.
It promotes the principles of social and economic democracy and envisages establishing a welfare state.
Directive Principles ‘and Fundamental Rights contain the ‘’philosophy of the Constitution’’ and are known as the ‘’soul of the Constitution’’.
The reason why DPSPs are non-justiciable
| Reason | Explanation | Specific Examples |
|---|---|---|
| Guiding Principles for Governance | DPSP are intended as guidelines for the government to frame policies, not as enforceable rights. Making them justiciable would entail judicial oversight on policy matters. | Article 47 (Duty of the State to raise the level of nutrition): Influences public health policies like the Mid-Day Meal Scheme. |
| Conflict with Fundamental Rights | Some directive principles could infringe on fundamental rights, so their implementation was left to the discretion of the State. | Land reform laws conflicted with the right to property. |
| Flexibility for the Government | Non-justiciability provides flexibility in policy-making, allowing the government to balance diverse interests and adapt to changing circumstances. | Article 39 (Certain principles of policy to be followed by the State): Allows phased implementation of welfare measures like maternity relief. |
| Resource Constraints | Post-independence, India lacked sufficient resources to implement all directive principles. | Article 45 (Provision for early childhood care and education to children under six years): Guided the introduction of Anganwadi centers under the ICDS program. |
| Evolutionary Approach | The non-justiciable nature allows for the progressive implementation of these principles, adapting to the country’s economic and social development over time. | Constitution makers trusted the wisdom of the people over court enforcement to fulfilling these principles. Many directives have been implemented through government actions. |
| Sanction by the People | Constitution makers trusted the wisdom of the people over court enforcement to fulfill these principles. Many directives have been implemented through government actions. | The “Right to Education” was initially a directive principle but became a fundamental right through the 86th Constitutional Amendment Act of 2002 |
| Complexity in Implementation | India’s diversity in customs and traditions complicates the implementation of some directives. | The Uniform Civil Code under Article 44 |
Classification of The Directive Principles
Socialist Principles
| Article | Description | Implementation |
|---|---|---|
| Article 38 | Article 38(2) of the Indian Constitution, added by the 44th Amendment Act in 1978, mandates the state to work towards securing a social order that promotes the welfare of the people | Establishment of Planning Commission (1950); Land Reforms including abolition of intermediaries, tenancy reforms, and distribution of surplus land. |
| Article 39 | The principles of policy to be followed by the State must ensure livelihood, resource equity, prevent wealth concentration, provide equal pay, protect workers’ health, and promote child welfare. | Nationalization of life insurance (1956), banks (1969), and general insurance (1971); Abolition of Privy Purses (1971). |
| Article 39A | NREGA (2005) guarantees the right to work; in the National Social Assistance Programme; and the Ayushman Bharat scheme. | Legal Services Authorities Act (1987) established a network for free legal aid and Lok Adalat for dispute resolution. |
| Article 41 | Right to work, education, and public assistance in certain cases, within the state’s economic capacity. | NREGA (2005) guarantees the right to work; in the National Social Assistance Programme; and the Ayushman Bharat scheme. |
| Article 42 | Provision for just and humane conditions of work and maternity relief. | Janani Suraksha Yojana, Janani Shishu Suraksha Karyakram, Pradhan Mantri Surakshit Matritva Abhiyan, LaQshya initiative, Maternity Benefit (Amendment) Act, 2017. |
| Article 43 | Living wage, decent work, etc., for workers. Promotes cottage industries in rural areas. | The Minimum Wages Act (1948), Code on Wages (2020), Contract Labour Regulation and Abolition Act (1970), Child Labour Prohibition and Regulation Act (1986), Bonded Labour System Abolition Act (1976), Mines and Minerals (Development and Regulation) Act (1957), Maternity Benefit Act (1961), Equal Remuneration Act (1976). |
| Article 43A | NREGA (2005) guarantees the right to work; in the National Social Assistance Programme; and Ayushman Bharat scheme. | Works committees, Joint management councils, and Joint councils for industries with over 500 employees. |
| Article 47 | Raise the level of nutrition, and standard of living, and improve public health. | Community Development Programme (1952), Integrated Rural Development Programme (1978-79), MGNREGA (2006), Anganwadi Services, Pradhan Mantri Matru Vandana Yojana, Poshan Abhiyaan. |
Gandhian Directive Principles
| Article | Description | Implementation |
|---|---|---|
| Article 40 | Organisation of village panchayats. State shall take steps to organize village panchayats as units of Self Government. | 73rd Constitutional Amendment Act, 1992, |
| Article 43 | Promotion of cottage industries. | Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, Coir Board, etc. |
| Article 43B | Promotion of cooperative societies. The state shall promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies | 97th Amendment Act add cooperative under Article 19 |
| Article 46 | Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections | Protection of Civil Rights Act (1955) and SC/ST (Prevention of Atrocities) Act (1989). Establishment of National Commissions for Minorities (1993), Women (1992), Protection of Child Rights (2007), and Backward Classes (1993, with constitutional status in 2018). |
| Article 47 | Raise the level of nutrition and standard of living, improve public health, and prohibit intoxicating drinks and drugs except for medicinal purposes. | Alcohol prohibition in states like Bihar, Gujarat, Mizoram, and Nagaland. |
| Article 48 | Organisation of agriculture and animal husbandry using modern methods and scientific lines, and prohibition of slaughter of cows and calves. | The National Dairy Development Board (NDDB) promotes modern dairy farming techniques. |
Liberal-Intellectual Directives
| Article | Description | Implementation |
|---|---|---|
| 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. | Goa is the only state with a uniform civil code. |
| Article 45 | Early childhood care and education to children below the age of six years. The State shall provide early childhood care and education for all children. | 86th Constitutional Amendment Act, 2002, The National Education Policy |
| Article 48 | Organisation of agriculture and animal husbandry. State shall organise agriculture and animal husbandry on modern lines, preserving and improving breeds. | Various steps include Rashtriya Gokul Mission, National Livestock Mission, National Programme for Dairy Development, and National Animal Disease Control. |
| Article 48A | Protection of environment, forest, and wildlife. The State shall endeavour to protect and improve the environment and safeguard forest and wildlife. | Creation of Protected Areas (National Parks, Sanctuaries) and missions like National Action Plan for Climate Change and National Clean Air Programme. |
| Article 49 | Protection of monuments and places of national importance. State to protect monuments, places, or objects of artistic/historic interest from damage. | The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958) |
| Article 50 | Criminal Procedure Code (1973) separated the judiciary from the executive. | Separation of judiciary from the executive. The State should separate the judiciary from the executive in public services. |
| Article 51 | Criminal Procedure Code (1973) separated judiciary from the executive. | Promotion of international peace and security. The state shall endeavor to promote international peace, maintain friendly relations, and respect international law. |
Amendments in DPSP
| Amendment | Changes Introduced | New Directives and Articles |
|---|---|---|
| 42nd Constitutional Amendment, 1976 | Introduced new directives in Part IV of the Constitution. | Article 39A: Provide free legal aid to the poor. Article 39(f): Ensure children develop healthily with protected freedom and dignity, and against exploitation and abandonment. Article 43A: Participation of workers in industrial management. Article 48A: Protect and improve the environment. |
| 44th Constitutional Amendment, 1978 | Inserted Section-2 to Article 38; eliminated Right to Property from Fundamental Rights. | Article 38(2): The state shall strive to minimize economic inequalities in income and eliminate inequalities in status, facilities, and opportunities among individuals and groups. |
| 86th Amendment Act of 2002 | Changed the subject matter of Article 45; made elementary education a fundamental right under Article 21A. | Article 45: Early childhood care and education for children below six years. Article 21A: Right to elementary education as a fundamental right. |
Directives outside Part IV
The Constitution makers gave a few directives outside Part IV, these are:
- Claims of SCs and STs to Services (Article 335; Part XVI)
- Instruction in mother tongue (Article 350-A; Part XVII)
- Development of Hindi Language (Article 351; Part XVII)
These directions are also non-justiciable and they are given importance equivalent to DPSPs in Part IV. The judiciary has declared that all parts of the Constitution must be read together.
Significance/Utility of Directive Principles
| Aspect of Significance | Details | Specific Examples |
|---|---|---|
| Instrument of Instruction and Transformation | Acts as a blueprint for transforming India into a welfare state, guiding constitutional amendments and legislation to implement social and economic programs. | Article 48 (Organization of Agriculture and Animal Husbandry): Led to agricultural reforms and policies promoting animal welfare. |
| Moral and Ethical Framework for Governance | Article 48 (Organization of Agriculture and animal husbandry): Led to agricultural reforms and policies promoting animal welfare. | Article 47 (Duty of the State to raise the level of nutrition): Influenced policies like the National Health Mission. |
| Non-Justiciable yet Influential | Influences law and policy making, providing a framework within which the electorate can evaluate government performance. | Article 44 (Uniform civil code): Inspired the debate and eventual legislation regarding personal laws in India. |
Social and Economic Justice | Guides legislators and administrators, laying down the goals aimed at achieving a just society. | Article 39 (Certain principles of policy to be followed by the State): Influenced the Equal Remuneration Act, 1976. |
| Complement to Fundamental Rights | Complements enforceable Fundamental Rights by promoting non-enforceable social and economic welfare goals, necessary for the full enjoyment of fundamental rights. | Advocates for welfare measures like the right to livelihood, equal pay, and health improvements, focusing on disadvantaged groups to reduce inequalities. |
| Dynamic Interpretation and Evolution | Broad and flexible, allowing dynamic interpretation to meet contemporary needs and ensuring relevance in varying socio-economic contexts. | Article 43 (Living wage, etc., for workers): Has guided the formulation of various labor laws and minimum wage standards over the years. |
| Educative Value | These directives have an educational value, reminding those in power of the goal to introduce ‘economic democracy’ distinct from political democracy. | Promoting social and economic welfare (Article 38) |
| Force of Public Opinion | Representatives are accountable to the people, and non-compliance with these directives risks their position as they will be judged by the public. | Electoral consequences for failing to implement public welfare measures |
| Reference for Courts | Courts use these principles to exercise judicial review and determine the constitutional validity of laws. | Minerva Mills vs Union of India case, harmonizing fundamental rights with directive principles |
| mpower the Opposition | The right to adequate means of livelihood (Article 39(a)) complements Right to life and personal liberty under Article 21 | Criticism over failure to implement land reforms or social security measures |
Criticism of Directive Principles
| Criticism | Details | Specific Examples |
|---|---|---|
| Non-Justiciability | Lack of Legal Force: DPSPs are not enforceable in courts, leading to potential neglect in policy implementation. Dependence on Political Will causes variability in adherence. | Lack of Enforcement: Despite Article 47’s directive to improve nutrition, persistent malnutrition issues reflect inconsistent implementation. |
| Lack of Consistent Philosophy | N. Srinivasan criticized them as vague, repetitive, and not logically arranged. | Lack of Legal Force: DPSPs are not enforceable in courts, leading to potential neglect in policy implementation. Dependence on Political Will causes variability in adherence. |
| Conservative | Jennings argued the Directives are based on 19th-century England’s political philosophy. Part IV reflects Fabian Socialism without socialism, making their relevance in the 21st century questionable. | prohibition of intoxicating drinks and drugs (Article 47) appears conservative in modern, liberal India. |
| Vagueness and Ambiguity | Broad and General Phrasing makes them difficult to implement specifically and measure effectively. Competing Priorities: The broad nature often leads to conflicting priorities, complicating their practical application. | article 39(b) & (c): Calls for minimizing inequalities in income and wealth are vague and have been interpreted variably across different governments. |
| Resource Constraints | Financial Implications: The implementation of many DPSPs requires significant financial resources, which may not always be available, leading to selective or partial implementation. | Article 41: Right to work is subject to the state’s economic capacity; regions with lower fiscal capacity struggle more to provide employment. |
| Lack of Priority | Secondary to Fundamental Rights: they often receive less focus and priority in governance and judicial considerations. | Lack of Legal Force: DPSP are not enforceable in courts, leading to potential neglect in policy implementation. Dependence on Political Will causes variability in adherence. |
| Potential for Misuse | Political Tool: The flexible nature of DPSP can be exploited as a political tool, with parties promising implementation for electoral gains rather than actual welfare improvement. | Electoral Promises like Nyay scheme, freebies |
| Constitutional Conflict | K Santhanam noted that Directives can cause conflicts, such as between the center and states, or between the President and Prime Minister, over implementation issues. | Implementing the Directive Principle related to the Uniform Civil Code (Article 44) often creates tensions between central and state governments. |
Comparison between Fundamental Rights and Directive Principles of State Policy
| Parameters | Fundamental Rights | Directive Principles of State Policy |
|---|---|---|
| Characteristics | Legally enforceable in the Court of Law | Non-enforceable. |
| Objective | They establish political democracy in the country | They aim to establish socio-economic democracy in the country. |
| Force | They have legal sanctions | They have moral and political sanctions |
| Enforcement | Many of the rights do not require legislation for their enforcement. | They require legislation for their enforcement. |
| Need | Fundamental for individual development | They promote the welfare of the community and are socialist in nature. |
| Justiciability | In case any law violates any of the Fundamental Rights, the court is bound to declare it unconstitutional | Violation of Directive Principles of State Policy is not a basis for declaring a law unconstitutional. However, the Court can uphold the validity of any law on the grounds that it was enacted to give effect to a directive. |
Conflict Between Fundamental Rights and Directive Principles of State Policy
| Case Name | Summary of Judgment |
|---|---|
| State of Madras vs. Champakam Dorairajan (1951) | The Court ruled that Fundamental Rights prevail over the DPSP. SC also ruled that Parliament can amend Fundamental Rights through the Constitutional Amendment Act to implement DPSPs. This case involved reservations in medical colleges, which were deemed to violate Article 29(2) of the Constitution. |
| Shankari Prasad vs. Union of India (1951) | This was one of the early cases addressing the amendability of the Constitution concerning Fundamental Rights and DPSP. The Court held that Fundamental Rights could be amended. |
| Golaknath vs. State of Punjab (1967) | The Court reversed its earlier position, ruling that Fundamental Rights are immutable and could not be amended by the Parliament. It restricted the legislature’s ability to implement DPSP at the expense of Fundamental Rights. |
| Kesavananda Bharati vs. State of Kerala (1973) | The Court recognized that a balance between Fundamental Rights and DPSP was essential and that both were equally valid. |
| Minerva Mills vs. Union of India (1980) | The Court emphasized the harmony and balance between Fundamental Rights and DPSP, stating that they are complementary and equally fundamental. It held that any law that violates Fundamental Rights under the guise of achieving DPSP goals is invalid. |
| Unni Krishnan, J.P. vs. State of Andhra Pradesh (1993) | The Court held that the right to education is a Fundamental Right for children until the age of 14, citing both DPSP and Fundamental Rights. This decision is a pivotal example of harmonizing the two to achieve a broader constitutional goal. |
| Gujarat Mazdoor Sabha v. State of Gujarat (2020) | The fundamental rights and directive principles of State policy present a coherent vision of a welfare state that contemplates social, political and economic justice. |
| Present Position | Fundamental Rights enjoy supremacy over DPSP except for Articles 39 (b) and (c) which enjoy supremacy over Articles 14 and 19. |
