Directive Principles of State Policy
Part IV (Arts 36 to 51) lists goals that the State should follow while making laws and policies. The idea comes from the Irish Constitution. They are non-justiciable: a court cannot force the State to implement them (Art 37). Still, the Constitution calls them "fundamental in the governance of the country". Granville Austin called Fundamental Rights and Directive Principles "the conscience of the Constitution".
Three types
| Type | Based on | Examples |
|---|---|---|
| Socialistic | Socialist ideas | Art 38 (social order and reduction of inequalities), 39 (equal livelihood, equal pay, no concentration of wealth), 39A (free legal aid), 41 (right to work, education, public assistance), 42 (just conditions of work, maternity relief), 43 (living wage), 43A (workers in management), 47 (nutrition, public health, prohibition) |
| Gandhian | Gandhian ideas | Art 40 (village panchayats), 43 (cottage industries), 43B (co-operative societies), 46 (SC, ST and weaker sections), 47 (prohibition), 48 (cow and cattle protection, modern agriculture) |
| Liberal-intellectual | Liberal ideas | Art 44 (Uniform Civil Code), 45 (early childhood care and education), 48A (environment), 49 (protection of monuments), 50 (separation of judiciary from executive), 51 (international peace) |
Amendments to Part IV
- 42nd Amendment (1976): added Arts 39A, 43A and 48A, and changed 39(f).
- 44th Amendment (1978): added Art 38(2) on reducing inequalities of income, status and opportunities.
- 86th Amendment (2002): changed Art 45 to early childhood care for children below 6 (education 6 to 14 became a Fundamental Right under Art 21A).
- 97th Amendment (2011): added Art 43B (co-operative societies).
Fundamental Rights versus Directive Principles
| Fundamental Rights | Directive Principles |
|---|---|
| Justiciable | Non-justiciable |
| Negative: restrict the State | Positive: direct the State to act |
| Political democracy | Social and economic democracy |
| Automatically enforceable | Need laws to be implemented |
| From the USA | From Ireland |
Conflict between the two
- Champakam Dorairajan (1951): Fundamental Rights prevail.
- Kesavananda Bharati (1973): both are complementary.
- Minerva Mills (1980): harmony and balance between the two is part of the basic structure. Giving DPSPs total primacy over rights (42nd Amendment) was struck down.
- Art 31C (25th Amendment): laws made to implement Art 39(b) and (c) cannot be challenged for violating Arts 14 and 19.
Directives outside Part IV
Art 335 (claims of SC/ST to services), Art 350A (mother tongue in primary education) and Art 351 (development of Hindi).
Keep practising
Notes are only half the work. Test yourself with questions and discuss doubts with other aspirants.
Prepared for exam revision from the Constitution of India and standard sources. Office-holders and recent developments change, so check official sources before relying on them. Found a mistake? Tell us.