Directive Principles of State Policy

• Enumerated in Part IV of the Constitution, Articles 36-51.
• Borrowed from the Irish Constitution (which borrowed from the Spanish Constitution).
• Dr. B.R. Ambedkar called them "novel features".
• Along with Fundamental Rights, they form the philosophy and soul of the Constitution.
• Granville Austin described them with Fundamental Rights as the "Conscience of the Constitution".

Features of the Directive Principles

1. Ideals for the State to keep in mind when formulating policies and enacting laws.
2. Constitutional instructions/recommendations to the State in legislative, executive and administrative matters.
3. The term 'State' has the same meaning as in Part III (Fundamental Rights).
4. Resemble the 'Instrument of Instructions' in the Government of India Act of 1935.
5. Comprehensive economic, social, and political program for a modern democratic State.
   • Aim to realise justice, liberty, equality, and fraternity (Preamble).
   • Embody the concept of a 'welfare state' (not a 'police state').
   • Seek to establish economic and social democracy.
6. Non-justiciable (not legally enforceable by courts).
   • However, Article 37 states they are fundamental to governance, and the State should apply them in making laws.
7. Help courts examine the constitutional validity of a law.
   • A law seeking to effect a Directive Principle may be considered 'reasonable' concerning Article 14 (equality before law) or Article 19 (six freedoms).

Classification of the Directive Principles

• No formal classification in the Constitution.
• Classified into Socialistic, Gandhian, and Liberal-Intellectual based on content and direction.

Socialistic Principles

• Reflect the ideology of socialism.

• Aim to provide social and economic justice, working towards a welfare state.

• Direct the state:

  1. Promote welfare of the people, minimize inequalities (Article 38).
  2. Secure adequate livelihood, equitable distribution of resources, prevent wealth concentration, equal pay for equal work, preserve worker/child health, and healthy development for children (Article 39).
  3. Promote equal justice and free legal aid to the poor (Article 39A).
  4. Secure the right to work, education, and public assistance (Article 41).
  5. Provide just and humane work conditions and maternity relief (Article 42).
  6. Secure a living wage, decent standard of life (Article 43).
  7. Secure worker participation in management (Article 43A).
  8. Raise nutrition levels, standard of living, and improve public health (Article 47).

Gandhian Principles

• Based on Gandhian ideology.

• Represent Gandhi's reconstruction program during the national movement.

• Require the State:

  1. Organize village panchayats (Article 40).
  2. Promote cottage industries (Article 43).
  3. Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).
  4. Promote educational and economic interests of SCs, STs, and weaker sections (Article 46).
  5. Prohibit intoxicating drinks and drugs (Article 47).
  6. Prohibit cow slaughter, improve breeds (Article 48).

Liberal-Intellectual Principles

• Represent the ideology of liberalism.

• Direct the state:

  1. Secure a uniform civil code (Article 44).
  2. Provide early childhood care and education until age six (Article 45).
  3. Organize agriculture and animal husbandry on modern lines (Article 48).
  4. Protect and improve the environment, safeguard forests and wildlife (Article 48A).
  5. Protect monuments, places, and objects of national importance (Article 49).
  6. Separate the judiciary from the executive (Article 50).
  7. Promote international peace and security (Article 51).

New Directive Principles

• 42nd Amendment Act of 1976:
  1. Secure opportunities for healthy development of children (Article 39).
  2. Promote equal justice and free legal aid (Article 39A).
  3. Take steps to secure the participation of workers in the management of industries (Article 43A).
  4. Protect and improve the environment and to safeguard forests and wild life (Article 48A).
• 44th Amendment Act of 1978:
  • Minimize inequalities in income, status, facilities, and opportunities (Article 38).
• 86th Amendment Act of 2002:
  • Changed Article 45 to focus on early childhood care and education until age six, making elementary education a fundamental right under Article 21A.
• 97th Amendment Act of 2011:
  • Added a new Directive Principle relating to co-operative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).

Sanction Behind Directive Principles

• B.N. Rau recommended justiciable and non-justiciable rights, accepted by the Drafting Committee.
• Fundamental Rights are justiciable (Part III); Directive Principles are non-justiciable (Part IV).
• The Constitution states the principles are fundamental to governance, imposing a moral obligation.
• The real force behind them is political (public opinion).
• Framers made them non-justiciable because:
  1. Insufficient financial resources.
  2. Vast diversity and backwardness.
  3. The newly born independent Indian State might be crushed under the burden.

Criticism of the Directive Principles

1. No Legal Force:
   • Criticized for being non-justiciable.
   • Dubbed as 'pious superfluities', likened to a cheque payable when resources permit.
   • Considered mere 'moral homilies' and 'pious aspirations'.
2. Illogically Arranged:
   • Not arranged logically based on a consistent philosophy.
   • Mix important and unimportant issues, modern and old, reason and sentiment.
3. Conservative:
   • Based on 19th-century English political philosophy (Fabian Socialism).
   • Questionable suitability for the 21st century.
4. Constitutional Conflict:
   • Can lead to conflicts:
     • Centre vs. States
     • President vs. Prime Minister
     • Governor vs. Chief Minister
     • The president may reject the bill on the ground that these principles are fundamental to the governance of the country and hence, the ministry has no right to ignore them.

Utility of Directive Principles

• The Constitution declares them fundamental to governance.

• According to L.M. Singhvi, the Directives are the life-giving provisions of the Constitution. They constitute the stuff of the Constitution and its philosophy of social justice.

• They are significant and useful in the following ways:

  1. Like an 'Instrument of Instructions'.
  2. Serve as beacon-lights to the courts.
  3. Form the dominating background to State action.
  4. Amplify the Preamble.

Conflict Between Fundamental Rights and Directive Principles

• The justiciability of Fundamental Rights and non-justiciability of Directive Principles has caused conflict.
• In Champakam Dorairajan case (1951), the Supreme Court ruled that Fundamental Rights prevail.
• In Golaknath case (1967), the Supreme Court ruled that Parliament cannot abridge Fundamental Rights.
• The 24th and 25th Amendment Acts (1971) tried to restore Parliament's power and prioritize certain Directive Principles.
• In the Kesavananda Bharati case (1973), the Supreme Court upheld the first provision of Article 31C as constitutional and valid.
• The 42nd Amendment Act (1976) expanded the scope of Article 31C.
• In the Minerva Mills case (1980), the Supreme Court invalidated the extension, reaffirming the balance between Fundamental Rights and Directive Principles. The Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.
• Present position: Fundamental Rights are supreme, but Parliament can amend them to implement Directive Principles, provided the basic structure of the Constitution is not damaged.

Implementation of Directive Principles

• Since 1950, governments have enacted laws and programs to implement Directive Principles.
• Examples include:
  1. Planning Commission (now NITI Aayog)
  2. Land Reform Laws
  3. Labor Laws (Minimum Wages Act, etc.)
  4. Maternity Benefit Act and the Equal Remuneration Act
  5. Nationalization of Industries
  6. Legal Services Authorities Act (Free Legal Aid)
  7. Khadi and Village Industries Board, other Industries Board
  8. Community Development Programme, other Development programmes
  9. Wildlife (Protection) Act and Forest Act
  10. Modernized Agriculture and Animal Husbandry
  11. Three-tier Panchayati Raj System
  12. Reservations for SCs, STs and other weaker sections
  13. Criminal Procedure Code separating judiciary from the executive
  14. Ancient and Historical Monument
  15. Primary health centres and hospitals
  16. Prohibition of Slaughtering Cows, calves and bullocks
  17. Old age pension schemes
  18. Policy of Non Alignment

Directives Outside Part IV

• Directives in other parts of the Constitution:

  1. Claims of SCs and STs to Services (Article 335).
  2. Instruction in Mother Tongue (Article 350-A).
  3. Development of the Hindi Language (Article 351).

• These are also non-justiciable but are given equal importance.