Directive Principles of State Policy

Directive Principles of State Policy are the constitutional guidelines provided under Part IV of the Indian Constitution to direct the State in governance and policy-making. In Indian Polity, they serve as the foundation for establishing a welfare state by promoting social, economic, and political justice. Though non-justiciable, they are fundamental in the governance of the country and guide legislative and executive actions.

Directive Principles of State Policy: Introduction and nature

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51 (Total – 17).
The framers of the Constitution borrowed the idea of incorporating the Directive Principles of State Policy in the Constitution from the Irish Constitution of 1937.
- Their nature is non-justiciable, meaning they are not legally enforceable by the courts; they are merely guiding principles for policy.
Borrowed from other countries:
- Article 39(d): Equal pay for equal work – Soviet Union.
- Article 44: Uniform Civil Code – Canadian Constitution.
- Article 51: Promotion of international peace and security – Havana Declaration (1939).
K.M. Munshi, a member of the Constituent Assembly, was not in favor of including non-justiciable matters in the Constitution.
There was no separate committee for Directive Principles in the Constituent Assembly; instead, they were formulated by the Sub-committee on Fundamental Rights (Chairman – J.B. Kripalani).
The Constitutional Advisor to the Constituent Assembly, Sir B.N. Rau, recommended that individual rights should be divided into two categories:
- Justiciable rights: Those which can be enforced in a court of law.
- Non-justiciable rights: Those which the courts do not have the power to enforce.
  - The Drafting Committee accepted this recommendation. Thus:
    - Justiciable Fundamental Rights were placed in Part III.
    - Non-justiciable Directive Principles were placed in Part IV.
  - Directive Principles have been described as having ‘moral necessity and educational value for state authorities’.

Alladi Krishnaswamy Iyer: “No Ministry responsible to the people can afford lightheartedly to ignore the provisions in Part IV.”
Dr. B.R. Ambedkar:
- “A government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If it does, it will have to answer for them before the electorate at the time of the election.”
- These are like the ‘Instruments of Instructions’ or directives enumerated in the Government of India Act, 1935.
- He called them the Social and Economic Charter of India.
- They embody the goal of a welfare state.
Tej Bahadur Sapru Committee (1945):
- Rights – 1. Justiciable 2. Non-justiciable
Venkatachaliah Commission (National Commission to Review the Working of the Constitution):
- Title → Directive Principles of State Policy and Action.
Dr. Rajendra Prasad: Objective – To establish a social order (welfare).
Granville Austin:

Part 3 (Fundamental Rights) + Part 4 (Directive Principles of State Policy)

↓

the basic spirit of the constitution

And

the vehicle of social revolution

Objective – To make the Indian people independent in the positive sense.
The subject matter of DPSP was also, to some extent, a product of the anti-colonial revolution.

Justice M.C. Chagla: “If all these DPSP are fully implemented, our country will indeed be a heaven on earth.”
According to Pt. Thakur Das Bhargava: “Directive Principles are the life or the Essence of the Constitution.”
K.M. Panikkar characterized DPSP as – “Socialism in the economic field.”
According to L.M. Singhvi, the Directive Principles are the life-giving provisions of the Constitution.

Criticism of the Directive Principles

Lack of Legal Force
- They are non-justiciable, meaning they cannot be appealed in a court of law if violated.
K.T. Shah described the Directive Principles as ‘Pious superfluities’ and compared them to ‘a cheque on a bank, which is payable only when the resources of the bank permit’.
- Beautiful Attire with External Decoration
K.C. Wheare called them ‘manifestos of aims and aspirations’ and ‘moral homilies’.
According to K. Santhanam
- The Centre can give directives to the States to implement these principles and, in case of non-compliance, can dismiss the State government.
- DPSP has given rise to conflict between the legislature, executive, and judiciary.
Sir Ivor Jennings (Book – Some Characteristics of the Indian Constitution, 1953)
- These are merely ‘pious aspirations’.
- “It is like Fabian Socialism but without socialism.”
- “They will prove to be outmoded in the 21st century.”
Nasiruddin: “These are like New Year resolutions, which are broken on the first day of January.”
T.T. Krishnamachari: “A veritable dustbin of sentiments.”
According to Rajendra Prasad: “The purpose of the Directive Principles of State Policy is to create a social order which promotes the welfare of the people.”
Granville Austin (Book – The Indian Constitution: Cornerstone of a Nation, 1966) – He called Part III (Fundamental Rights) and Part IV (DPSP) the ‘Conscience of the Constitution’ and the ‘vehicles of social revolution’.
N. Srinivasan:
- “These are a mixture of modern and ancient elements.”

Features of Directive Principles of State Policy

The Conscience of the Constitution: Under Article 37 of the Constitution, these have been described as “fundamental in the governance of the country.”

Principles Guiding the State:

The Directive Principles are not directly addressed to the citizens.
They are meant for the State, so that the State may formulate its policies in such a manner that a Welfare State can be established.
According to Article 36, the term “State” has the same meaning as in Part III (Fundamental Rights)—it includes the Central Government, State Governments, Parliament, State Legislatures, local bodies, etc.
They do not impose direct restrictions on the actions of the legislature or the executive but provide guidelines to them.

Similarity to the Government of India Act, 1935:

According to Dr. B.R. Ambedkar, these principles are like the ‘Instruments of Instructions’ which were issued to the Governor-General under the Government of India Act, 1935 during the British period.
The only difference is that they are now directives for the legislature and the executive of independent India.

Spirit of Establishing a Welfare State

Their objective is to transform India from a “Police State” into a “Welfare State”.
Their ultimate goal is the establishment of economic and social democracy.

Non-Justiciable Nature:

There is no legal remedy in the courts for the violation of the Directive Principles.
Article 37 states: “Although these principles are not enforceable by any court, they are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.”

Positive Directives:

The Directive Principles are not negative but positive instructions—they motivate the State to perform certain positive duties such as education, health, labor welfare, environmental protection, etc.

Implemented through Legislation:

They are not self-executing; it is necessary for the legislature to enact laws to make them effective.

Moral and Political Significance:

Even though they are not enforceable in court, they are highly recognized from a political and moral perspective.
If a government fails to follow them, it may face public criticism and political pressure.

Moral and Educational Guidance:

Sir B.N. Rau: “These are like moral precepts and have educational value for the State authorities.”

Path to Social Revolution:

Granville Austin: “The purpose of the Directive Principles is to foster the goals of the social revolution and establish the necessary conditions.”

Judiciary and Policy Directive Principles

Acceptability by the Courts:

Although the Directive Principles are non-justiciable, the courts utilize them while interpreting the Constitution.
The Supreme Court has held that if a law is made with the intention of implementing the Directive Principles, it can be upheld as valid by considering it reasonable, even if it conflicts with certain provisions of Article 14 or 19.

Laws Cannot be Declared Unconstitutional:

A law violating the Directive Principles cannot be declared invalid or unconstitutional solely on this ground.
However, if a law is enacted for the purpose of implementing them, it can provide a strong foundation for its constitutionality.

Articles Related to Directive Principles of State

Article No.	Subject Matter
36.	Definition of State
37.	Applying the principles contained in this section.
38.	Promotion of social order by the state for the welfare of the people
39.	Some policy principles followed by the state
39.A	Equal justice and free legal aid
40.	Organization of Gram Panchayats
41.	Right to work, right to education and public assistance in certain cases
42.	Provision for just and humane working conditions and maternity relief.
43.	Subsistence wages to employees etc.
43.A	Participation of workers in the management of industries
43.B.	Promotion of cooperative societies
44.	Uniform Civil Code for citizens
45.	Early childhood care and education of children below 6 years of age
46.	To promote the educational and economic interests of the weaker sections of the Scheduled Castes and Scheduled Tribes
47.	The duty of the government to raise the level of nutrition, improve the standard of living and improve the condition of public health.
48.	Organization of agriculture and animal husbandry
48.A	Protection and enhancement of environment and protection of forests and wildlife
49.	Protection of monuments and places and objects of national importance
50.	Separation of the judiciary from the executive
51.	Promotion of international peace and security

Article 36: According to this, the term ‘State’ in Part IV has the same meaning as in Part III dealing with Fundamental Rights.

Article 37: Application of the principles contained in this Part –

The provisions contained in this Part (to be remembered in serial order):
- Shall not be enforceable by any court;
- But nevertheless, the principles therein laid down are fundamental in the governance of the country; and
- It shall be the duty of the State to apply these principles in making laws.

Article 38: State to secure a social order for the promotion of welfare of the people –

38 (1) The State → shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice—social, economic and political—shall inform all the institutions of the national life.
38 (2) The State → shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities. [Article 38(2) was added by the 44th Amendment Act, 1978.] (Note: Equality of opportunity is also mentioned in the Preamble and Article 16.)

Article 39: Certain principles of policy to be followed by the State –

Article 39 (a): That the citizens, men and women equally, have the right to an adequate means of livelihood.
Article 39 (b): That the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
Article 39 (c): That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. (The State shall prevent the concentration of property and means of production/capital).
Article 39 (d): That there is equal pay for equal work for both men and women.
- Rajesh Kumar Gond Case – 2014: The principle of ‘equal pay for equal work’ is not a Fundamental Right –
- “The principle of ‘equal pay for equal work’ has not been expressly declared by our Constitution to be a Fundamental Right of the citizens, but it is certainly a Constitutional Right.”
- [Equal Remuneration Act, 1976]
Article 39 (e): That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
Article 39 (f): That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. [39 (f) was added by the 42nd Amendment Act, 1976.]
Article 39A: The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid. [39A was added by the 42nd Amendment Act, 1976.]
- National Legal Services Authority (NALSA):NALSA was constituted in 1995 under the Legal Services Authorities Act, 1987, to provide free and competent legal services to the poor. Furthermore, Lok Adalats have been organized to promote equal justice. Lok Adalats are statutory forums for settling legal disputes; they have been given a status equivalent to people’s rights courts. Their awards are binding and no appeal lies before any court against such awards.

Article 40: Organisation of village panchayats –

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
This is related to Gandhi’s concept of Gram Swaraj.
Constitutional status was granted to Panchayati Raj by the 73rd Constitutional Amendment Act, 1992.

Article 41: Public Assistance –

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance (allowances, pension, scholarship) in cases of unemployment, old age, sickness and disablement.
[National Social Assistance Programme – 15 August, 1995]

Article 42: The State shall make provision for securing just and humane conditions of work and for maternit relief.

Janani Suraksha Yojana and maternity leave are outcomes of this.

Article 43: Living wage, etc., for workers –

The State shall endeavour to secure to all workers work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure, and in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
- Article 43(A): Participation of workers in management of industries (Added by the 42nd Amendment Act, 1976.)
- Article 43(B): The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. (Added by the 97th Constitutional Amendment Act, 2011.)
  - Constitutional status was granted to co-operative societies by the 97th Amendment. By this amendment—Part IX-B, Articles 243ZH to 243ZT and Article 43B were added. Formation of co-operative societies was made a Fundamental Right under 19(1)(c).

Article 44: The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.

Uniform Civil Code is implemented only in one state, ‘Goa’.
Cases:
- Mohammad Ahmed Khan v. Shah Bano Begum (1985): It was held that Muslim women also have the right to seek divorce and are entitled to maintenance after divorce. This is also known as the Shah Bano Case.
- To nullify the effect of the decision in the Shah Bano Case, the Muslim Women (Protection of Rights on Divorce) Act, 1986 was enacted.
- Danial Latifi v. Union of India (2002): This Act was challenged, and the court held that a divorced Muslim woman is entitled to maintenance until she remarries.
- Shayara Bano v. Union of India (2017): Triple Talaq (Talaq-e-Biddat) was banned. Triple Talaq Law – Muslim Women (Protection of Rights on Marriage) Act,
  - effective from 19 September 2018.
Sarla Mudgal v. Union of India: The Supreme Court made significant observations on the Uniform Civil Code under Article 44.
Granville Austin: If the provision for a Uniform Civil Code were in the Fundamental Rights, it would have been justiciable.

Article 45: Provision for early childhood care and education for all children until they complete the age of six years.

The right to primary education was also present in the Nehru Report of 1928.

Article 45 (Amended):
- The subject matter of Article 45 was changed by the 86th Constitutional Amendment Act, 2002.
- Previously, Article 45 stated that “the State shall endeavour to provide free and compulsory education for all children until they complete the age of fourteen years.
- ”After the 86th Amendment, it was changed to: “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”

Article 46: The State shall promote with special care the educational and economic interests of the Scheduled Castes, the Scheduled Tribes, and other weaker sections.

The term “weaker sections” of society is mentioned only in Article 46. There is no verbatim description of OBC here.

Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health.

The State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 48: The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Article 48A: Protection and improvement of environment and safeguarding of forests and wild life. (Added by the 42nd Amendment Act, 1976.) (Liberal-Intellectual Principle)
- Wildlife (Protection) Act – 1972
- Forest (Conservation) Act – 1980
- Biological Diversity Act – 2002

Article 49: The State is obligated to preserve monuments, places, and objects of national importance.

By or under any law made by Parliament

Article 50: The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 50 is called the basis of the separation of powers.

Article 51: Promotion of international peace and security – The State shall endeavour to—

Promote international peace and security;
Maintain just and honourable relations between nations;
Foster respect for international law and treaty obligations;
Encourage settlement of international disputes by arbitration.[Remember in serial order]
Note: Peaceful co-existence, Non-Alignment Policy, Panchsheel Policy → are the basis of foreign policy but are not mentioned in Article 51.

Directive Principles of State Policy added by various Amendment Acts

42nd Amendment Act 1976 (4 elements)	(Article 39A) –To promote equal justice and provide free legal aid to the poor.
	Article 39(f)– Children should be given opportunities and facilities for healthy development in a free and dignified environment and children and minors should be protected from exploitation and moral and economic abandonment.
	(Article 43A) –To take steps to secure the participation of workers in the management of industries.
	(Article 48A) –To protect and improve the environment and preserve forests and wildlife.
44th Amendment Act 1978(an element)	Article 38(2) states→ Will reduce inequalities in income, status, facilities and opportunities.
86th Constitutional Amendment Act, 2002 (three main provisions)	Article 21(a) (newly added)All children between 6 and 14 years of age were given the right to free and compulsory education.Elementary education was made a fundamental right under Article 21A.
	Article 45 (as amended)The content of Article 45 was changed.Earlier, Article 45 stated that“The State shall endeavour to provide free and compulsory education to all children until they complete the age of 14 years.”After the 86th Amendment, this was changed to“The State shall make provision for early childhood care and education for children below the age of 6 years.”
	Article 51(A) (K) (Fundamental Duties newly inserted)It shall be the duty of every parent/guardian to provide education to his/her child between the age of 6 to 14 years.
97th Amendment Act(an element)	(Article 43B) –Which requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies. Directive Principles of State Policy added by various amendment acts, which are expected from the state

Classification of Directive Principles

Socialistic Principles

These are based on the ideology of socialism and work towards the goal of establishing a welfare state. Their objective is — social, economic, and political justice.
The State is directed:
- (Article 38): To secure a social order permeated by justice and equality and to eliminate inequalities.
- (Article 39A): To provide free legal aid to the poor.
- (Article 41): Right to work, to education, and to public assistance.
- (Article 42): Just and humane conditions of work and maternity relief.
- (Article 43): Living wage, a decent standard of life, and cultural opportunities.
- (Article 43A): Participation of workers in the management of industries.
- (Article 47): To raise the level of nutrition, standard of living, and to improve public health.

Gandhian Principles

These principles are based on Gandhian ideology and focus on rural reconstruction, moral values, and the welfare of the weaker sections.
The State is directed:
- (Article 40): To organise village panchayats and endow them with powers of self-government.
- (Article 43): To promote cottage industries in rural areas.
- (Article 43B): To promote voluntary formation and democratic control of co-operative societies.
- (Article 46): To protect the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
- (Article 47): To prohibit the consumption of intoxicating drinks and drugs.
- (Article 48): To prohibit the slaughter of cows, calves, and other milch cattle and to improve their breeds.

Liberal-Intellectual Principles

These are inspired by modern, scientific, and liberal outlooks and relate to administration, science, environment, and international relations.
The State is directed:
- (Article 44): To secure for all citizens a Uniform Civil Code.
- (Article 45): To provide free and compulsory education for all children until they complete the age of 14 years. (Note: Fact check – Post 86th Amendment, this is for early childhood care for those below 6 years).
- (Article 48): To organise agriculture and animal husbandry on scientific lines.
- (Article 48A): To protect and improve the environment and safeguard forests and wildlife.
- (Article 49): To protect monuments and places of national importance.
- (Article 50): To separate the judiciary from the executive.
- (Article 51): To promote international peace and security and settle disputes by arbitration.

Principles related to Economic Justice:

Articles – 38, 39, 38, 39, 41, 42, 43, 43A, 46

Principles related to Social Security:

Articles – 39(a), 41, 42, 43, 43(a), 43(b), 45, 46, 47

Conclusion:

The Directive Principles are the moral and ideological dimensions of the soul of the Indian Constitution. Their classification helps in understanding and implementing them. These three categories together work towards making India a strong, inclusive, and just nation.

Directive Principles of State Policy related to Education:

Article 41: Right to work, to education and to public assistance in certain cases.
Article 45: Provision for early childhood care and education for children below the age of six years.
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and weaker sections.

Directives contained in other Parts of the Constitution:

Article 335: Claims of SCs and STs to services and posts shall be taken into consideration consistently with the maintenance of efficiency of administration.
Article 350A: To provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.
Article 351: To promote the spread of the Hindi language.

Conflict between Fundamental Rights and Directive Principles

Smt. Champakam Dorairajan v. State of Madras (1951):
- The approach of the judiciary regarding the relationship between Fundamental Rights and Directive Principles has changed according to time and circumstances. This was the first case related to the conflict between FRs and DPSPs.
- Supreme Court: In case of any conflict between Fundamental Rights and Directive Principles, the Fundamental Rights would prevail. FRs > DPSP.
- SC: “The Directive Principles have to conform to and run as subsidiary to the chapter on Fundamental Rights.”
Kameshwar Singh v. State of Bihar (1951): This case was related to land reforms and the abolition of the Zamindari system. Kameshwar Singh filed the case under the Right to Property. The S.C. sided with Kameshwar Singh and held Fundamental Rights to be effective.
Bela Banerjee Case (1954): In this case related to fair compensation for property acquisition, the Supreme Court held the Fundamental Right to be effective.
Golaknath v. State of Punjab (1967): Fundamental Rights are effective. They cannot be changed.
- The Supreme Court stated that Fundamental Rights cannot be amended for the implementation of Directive Principles.
Kesavananda Bharati v. State of Kerala (1973): The Supreme Court stated that “there is no conflict between Fundamental Rights and Directive Principles. They are complementary to each other.”

Amendments by Parliament to override these Judgments:

1st Constitutional Amendment (1951): Added the Ninth Schedule related to land reforms and added Articles 31A and 31B to restrict the Right to Property.
4th Constitutional Amendment (1955): Done to nullify the Bela Banerjee case.
- It stated that the State can acquire private property in Public Interest and the judiciary cannot review the adequacy of compensation.
17th Constitutional Amendment (1965): Certain land reforms were added to the Ninth Schedule.
24th Constitutional Amendment – 1971: Overruled the Golaknath case (1967). Parliament can amend any article of the Constitution, including the Fundamental Rights.
25th Constitutional Amendment – 1971 :-This is the most important amendment regarding the relationship between fundamental rights and DPS. The 25th Amendment is significant in two respects: the Bela Banerjee case and the inclusion of Article 31(C) to address compensation provisions in bank nationalization.
- While implementing 39(b) and 39(c), Articles 14-19 and 31 can be violated.
- There will be no judicial review of this encroachment.

Article 31(C) was added to incorporate these two provisions in the Constitution.

↓Challenge

Kesavananda Case – 1973 – The 25th Amendment (1971) was challenged in the Kesavananda Case – 1973. In Kesavananda, the Supreme Court upheld the first provision of the 25th Amendment but declared the second one invalid.
(Article 39(b) – Distribution of material resources for common good;
Article 39(c) – Prevention of concentration of wealth).

42nd Constitutional Amendment (1976):

Two provisions of this amendment are significant:

First: All Directive Principles shall prevail over Fundamental Rights.
Second: Such provisions shall not be subject to judicial review.

↓Challenge

Minerva Mills Case (1980): The Supreme Court declared both these provisions of the 42nd Amendment as invalid but re-accepted the first provision of the 25th Amendment (from the Kesavananda Bharati Case).

Minerva Mills Case (1980): Fundamental Rights and Directive Principles are complementary to each other.

The Supreme Court struck down this extension.
The Supreme Court stated – The balance and harmony between Part III and Part IV is a basic feature of the Constitution.
This can be called the “Doctrine of Harmonious Construction”.
K. Santhanam: DPSP has given rise to conflict between the Legislature, Executive, and Judiciary.

Present Status:

Only DPSPs mentioned in 39(b) and (c) prevail over Fundamental Rights. To implement these, Fundamental Rights can be amended.
Therefore, it is said that when 39(b) and (c) come in, Articles 14 and 19 go out; in all other cases, Fundamental Rights remain effective.

Unni Krishnan v. State of Andhra Pradesh:

Part III and Part IV are supplementary and complementary to each other, and Fundamental Rights are the means to achieve the goals set out in Part IV.

Venkatachaliah Commission (2002):

Strategic action plan.
Education Commission to be constituted every fifth year.
Initiative and harmony by civil society.
High-level body to be constituted for DPSP implementation.

K. Santhanam:

DPSP will lead to constitutional conflict between Center and State, President and Prime Minister, and Governor and Chief Minister.

They are notable and beneficial in the following matters:

They are like ‘Instruments of Instructions’ or general recommendations addressed to the authorities of the Indian Union.
They are useful guides for the courts.
They amplify the Preamble, which gives strength to Justice, Liberty, Equality, and Fraternity for the citizens of India.
They are supplementary to the Fundamental Rights of the citizens.
They enable the opposition to exercise control over the government.
They serve as a crucial test for the performance of the government.

Criticism of the Directive Principles

Lack of Legal Force
- They are non-justiciable, meaning they cannot be appealed in a court of law if violated.
K.T. Shah described the Directive Principles as ‘Pious superfluities’ and compared them to ‘a cheque on a bank, which is payable only when the resources of the bank permit’.
- Beautiful Attire with External Decoration
K.C. Wheare called them ‘manifestos of aims and aspirations’ and ‘moral homilies’.
According to K. Santhanam
- The Centre can give directives to the States to implement these principles and, in case of non-compliance, can dismiss the State government.
- DPSP has given rise to conflict between the legislature, executive, and judiciary.
Sir Ivor Jennings (Book – Some Characteristics of the Indian Constitution, 1953)
- These are merely ‘pious aspirations’.
- “It is like Fabian Socialism but without socialism.”
- “They will prove to be outmoded in the 21st century.”
Nasiruddin: “These are like New Year resolutions, which are broken on the first day of January.”
T.T. Krishnamachari: “A veritable dustbin of sentiments.”
According to Rajendra Prasad: “The purpose of the Directive Principles of State Policy is to create a social order which promotes the welfare of the people.”
Granville Austin (Book – The Indian Constitution: Cornerstone of a Nation, 1966) – He called Part III (Fundamental Rights) and Part IV (DPSP) the ‘Conscience of the Constitution’ and the ‘vehicles of social revolution’.
N. Srinivasan:
- “These are a mixture of modern and ancient elements.”
- “The significant issues have been mixed with the insignificant ones.”

Difference between Fundamental Rights and Directive Principles

S. No.	Fundamental rights	Directive Principles
1	These are negative as they restrict the state from acting on certain issues.	These are positive, the state needs them on some issues.
2	These are justifiable and can be enforced by the court in case of their violation.	These are non-justiciable. They cannot be legally enforced by a court.
3	Their aim is to establish a democratic political system in the country.	Their aim is to establish social and economic democracy in the country.
4	These are legally valid.	These have moral and political recognition.
5	They promote individual well-being, thus they are personal.	They promote the welfare of the community, thus they are socialist.
6	There is no need for legislation to implement these, they are self-enforcing.	Legislation is required to enforce them; they are not automatically enforceable.
7	The court is bound to declare any law violating any fundamental right as unconstitutional and illegal.	A law violating the Directive Principles cannot be declared unconstitutional or invalid by the Court. However, the validity of the law can be justified on the ground that it was enacted to give effect to the Directive Principles.

Implementation of Directive Principles

Efforts for planned economic development

Establishment of Planning Commission (1950)
Establishment of NITI Aayog (2015)
Five Year Plans – Social and economic justice, equality of opportunities.

Agriculture and land reforms

Abolition of Zamindari, Jagirdari and Inamdari.
Tenancy reforms (tenant protection, fair rent, etc.).
Land demarcation system.
Distribution of surplus land among the landless.
Development of cooperative agriculture.

Welfare laws for workers

Minimum Wages Act (1948)
Payment of Wages Act (1936)
Bonus Act (1965)
Contract Labour Act (1970)
Bonded Labour Abolition Act (1976)
The Child Labour Prohibition Act (1986), amended in 2016, was renamed as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1980.
In the year 2006, the government banned child labour.
Industrial Disputes Act (1947)
Factories Act (1948)
Mines Act (1952)
Workmen’s Compensation Act (1923)
Trade Unions Act (1926)

Laws in the interest of women

Maternity Benefit Act (1961)
Equal Remuneration Act (1976)

Publicization of financial institutions

Nationalisation of life insurance (1956)
Nationalisation of 14 banks (1969)
Nationalisation of General Insurance (1971)
Abolition of royal expenditure (1971)

Legal Aid and Justice System

Legal Services Authorities Act (1987) – Free legal aid to the poor.
Establishment of Lok Adalats – alternative justice forums, whose decisions are binding.

Promotion of cottage and small scale industries

Khadi and Village Industries Commission
Small Scale Industries Board
National Small Industries Corporation
Handloom Board, Coir Board, Silk Board etc.

Development of rural and vulnerable areas

Community Development Programme (1952)
Hill Area Development (1960)
Drought Prone Area Programme (1973)
Minimum Needs Programme (1974)
Integrated Rural Development Scheme (1978)
Jawahar Rozgar Yojana (1989)
Golden Jubilee Village Self-Employment Scheme (1999)
Sampoorna Grameen Rozgar Yojana (2001)
MNREGA – National Rural Employment Guarantee Scheme (2006)

Laws for environmental protection

Wildlife Protection Act (1972)
Forest Conservation Act (1980)
Water Act Air Act – Establishment of Pollution Control Board.
National Forest Policy (1988) — Conservation and development of forests.

Modernization of agriculture and animal husbandry

High quality seeds, fertilizers, irrigation facilities.
Provision of modern veterinary services.

Constitutional status of Panchayati Raj

73rd Constitutional Amendment Act (1992)
Panchayati Raj institutions at village, taluk and district levels.

Social Justice and Reservation

Reservation for SC/ST/OBC.
Untouchability Act (1955) → Protection of Civil Rights Act (1976)
Scheduled Castes/Tribes (Prevention of Atrocities) Act, 1989
65th Amendment (1990) – Establishment of SC/ST Commission
89th Amendment (2003) – Separate commissions for SCs and STs
Establishment of National Commissions
- National Commission for Backward Classes (1993)
- National Commission for Minorities (1993)
- National Commission for Women (1992)
- National Commission for Protection of Child Rights
- National Commission for Scheduled Castes (2004)
- National Commission for Scheduled Tribes (2004)

National Commission for Minorities

The establishment of the Minorities Commission (MC) was envisaged in a resolution passed by the Ministry of Home Affairs in the year 1978.
In the year 1984, the Minorities Commission was detached from the Ministry of Home Affairs and placed under the newly created Ministry of Welfare, which excluded linguistic minorities from the jurisdiction of the Commission in 1988.
With the enactment of the National Commission for Minorities Act, 1992, the Minorities Commission became a statutory body and was renamed as the National Commission for Minorities (NCM).
In the year 2014, those professing Jainism were also notified as a minority community.

National Commission for Backward Classes (1993)

Article 338B was added to the Constitution by the 102nd Amendment.
This Article provides for the establishment of a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

This is an Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences.
In order to make this law more effective, amendments were made to it in the year 2015, and it came into force on January 26, 2016.

Separation of executive and judiciary

Code of Criminal Procedure (1973) – Judicial powers were removed from the executive (Collector) and given to the judicial magistrate.

Cultural preservation

Ancient and Historical Monuments Act (1951) – Protection of archaeological sites of national importance.

Expansion of health services

Establishment of primary health centres and hospitals.
Schemes for the eradication of malaria, TB, leprosy, AIDS, cancer etc.

Cow breeding efforts

Ban on slaughter of cows, calves and bulls in many states.

Old age pension

Old age pension to people above 65 years of age in many states.

International peace policy

Non-Aligned Movement (NAM)
Adoption of Panchsheel policy.

Limitations

Inadequate financial resources
Adverse socio-economic conditions
population explosion
Centre-State relations strained

Outside Part IV

The Directive Principles of State Policy in the Indian Constitution are mainly contained in Part IV (Articles 36 to 51), but certain other directives are also provided in other parts of the Constitution. These are equally important.

Claims of Scheduled Castes and Scheduled Tribes

Article: 335 (Part XVI)
- The claims of the members of the Scheduled Castes (SCs) and the Scheduled Tribes (STs) shall be taken into consideration, consistently with the maintenance of administrative efficiency, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

Facilities for Instruction in Mother-tongue

Article: 350A (Part XVII)
- Every State and every local authority within the State shall endeavour to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.

Development of the Hindi Language

Article: 351 (Part XVII)
- It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India.

All the above directives are non-justiciable in courts.
However, they are considered an integral part of the Constitution and possess immense moral, administrative, and policy significance.
The courts have also recognized these directives as important constitutional guides from time to time.

Conclusion

Although these directives do not fall under Part IV, their objective is to realize the core spirit of the Constitution — equality, social justice, and inclusion.

Important laws and acts

Child Labour (Prohibition and Regulation) Act, 1986

This Act was enacted to protect children from hazardous and unsuitable work and to safeguard their rights.
Under this Act, a person who has not completed 14 years of age is considered a “Child”.
Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016:
- Employment of children below 14 years is completely prohibited in all occupations.
- Adolescents (14 to 18 years) are prohibited from working in hazardous occupations and processes.
- Children are allowed to work in family-based enterprises or the entertainment industry (acting in films, sports, advertisements) under parental supervision.
- Penalties enhanced – Imprisonment from 6 months to 2 years and a fine of ₹20,000 to ₹50,000.

PNDT Act, 1994:

To prevent female foeticide, the Government of India enacted the “Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994” [PNDT Act, 1994]. Through this, sex determination of the foetus by ultrasound sonography was stopped and declared a crime. It was amended in 2003 and renamed as the “Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition) Act, 2003” [PCPNDT Act, 2003].

State Commission for Protection of Child Rights was constituted in February 2010.

Juvenile Justice (Care and Protection of Children) Act, 2000: According to this, children up to 18 years of age cannot be treated like criminals.

Right of Children to Free and Compulsory Education Act, 2009

The Right of Children to Free and Compulsory Education Act, 2009 came into force in the State from April 1, 2010.

Protection of Children from Sexual Offences (POCSO) Act, 2012

This Act was implemented in 2012.
Objective: To provide protection to children (below 18 years) from sexual assault, sexual harassment, and pornography.
This law applies equally to both boys and girls.
Commissions for Protection of Child Rights Act, 2005
- These were accepted by the UN Convention on the Rights of the Child on November 20, 1989, and the Government of India acceded to them on December 11, 1992.

Prohibition of Child Marriage Act, 2006

This Act was implemented from November 1, 2007, to prevent and eliminate the problem of child marriage in India. It replaced the Child Marriage Restraint Act, 1929.
Child marriage is considered voidable.
The right to annul the child marriage within 2 years of attaining 18 years of age.

Child Helpline Service (1098)

The toll-free number ‘1098’ is available for emergency assistance to children.
This service is available 24 hours and is free of cost.
Currently, this service is operating in 20 districts of the State.