Nature and Classification of Directive Principles
Meaning and Importance of Directive Principles
The Directive Principles of State Policy (DPSPs) are enumerated in Part IV (Articles 36 to 51) of the Constitution of India. They embody the goals and objectives that the State should strive to achieve for the welfare of the people. They are like instructions or recommendations to the State (which includes the Central, State, and Local governments, and all other public authorities falling under the definition of 'State' in Article 12) for formulating policies and enacting laws.
Importance:
They constitute a comprehensive socio-economic programme for a modern democratic State. They aim at realising the high ideals of justice, liberty, equality, and fraternity as outlined in the Preamble.
They are a set of goals which the State should try to achieve, acting as a guide for the government.
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 (Article 37).
They serve as a yardstick for the performance of the government.
They create a favourable atmosphere for the full enjoyment of Fundamental Rights by the citizens.
Directive vs. Fundamental Rights
While both Fundamental Rights and Directive Principles are important features of the Constitution, there are fundamental differences between them:
| Feature | Fundamental Rights | Directive Principles |
|---|---|---|
| Nature | Negative (Prohibit the State from doing certain things). | Positive (Require the State to do certain things). |
| Justiciability | Justiciable (Legally enforceable by courts). | Non-justiciable (Cannot be enforced by courts). |
| Purpose | Establish political democracy. | Establish social and economic democracy. |
| Nature of Obligation | Binding on the State. | Moral or political obligation on the State. |
| Relationship with Laws | Laws inconsistent with FRs are void. | Laws made to implement DPSPs may sometimes be challenged if they violate FRs (subject to judicial interpretation and the doctrine of harmonious construction). |
| Enforcement during Emergency | Can be suspended (except Arts. 20 & 21) during a National Emergency. | Cannot be suspended. |
Despite these differences, the Supreme Court has emphasised the complementary nature of Fundamental Rights and Directive Principles, viewing them as two wheels of the chariot in the pursuit of social and economic justice.
Classification of Directive Principles
The Constitution does not formally classify the Directive Principles. However, based on their content and direction, they are generally classified into three categories:
Socialist Principles
These principles aim at providing social and economic justice and setting the framework for a welfare state.
To promote the welfare of the people by securing a social order permeated by justice—social, economic, and political—and to minimise inequalities in income, status, facilities, and opportunities (Article 38).
To secure (Article 39):
adequate means of livelihood for all citizens (Art. 39(a)).
equitable distribution of material resources of the community for the common good (Art. 39(b)).
prevention of concentration of wealth and means of production (Art. 39(c)).
equal pay for equal work for men and women (Art. 39(d)).
preservation of the health and strength of workers and children against forcible abuse (Art. 39(e)).
opportunities for the healthy development of children (Art. 39(f)).
To promote equal justice and to provide free legal aid to the poor (Article 39A - added by 42nd Amendment, 1976).
To secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement (Article 41).
To make provision for just and humane conditions for work and maternity relief (Article 42).
To secure a living wage, a decent standard of life, and social and cultural opportunities for all workers (Article 43).
To take steps to secure the participation of workers in the management of industries (Article 43A - added by 42nd Amendment, 1976).
To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).
Gandhian Principles
These principles are based on the ideas and philosophy of Mahatma Gandhi. They represent his vision for rebuilding the country.
To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).
To promote cottage industries on an individual or co-operation basis in rural areas (Article 43).
To promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of the society and to protect them from social injustice and exploitation (Article 46).
To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).
To prohibit the slaughter of cows, calves, and other milch and draught cattle and to improve their breeds (Article 48).
Liberal-Intellectual Principles
These principles reflect the ideology of liberalism and aim at establishing a modern, enlightened, and progressive State.
To secure for all citizens a Uniform Civil Code throughout the country (Article 44).
To provide early childhood care and education for all children until they complete the age of six years (Article 45 - substituted by 86th Amendment, 2002; originally provided for free and compulsory education for children below 14 years).
To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
To protect and improve the environment and to safeguard forests and wild life (Article 48A - added by 42nd Amendment, 1976).
To protect monuments, places, and objects of artistic or historic interest which are declared to be of national importance (Article 49).
To separate the judiciary from the executive in the public services of the State (Article 50).
To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations; and to encourage settlement of international disputes by arbitration (Article 51).
This classification helps in understanding the diverse range of socio-economic and political goals envisioned by the framers of the Constitution for the Indian state.
Key Directive Principles
Social and Economic Rights
Many Directive Principles are aimed at creating a just social and economic order, addressing issues of poverty, inequality, labour welfare, and distribution of resources.
Adequate Means of Livelihood (Art. 39(a))
The State shall direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.
Distribution of Material Resources (Art. 39(b))
The State shall direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
Operation of Economic System (Art. 39(c))
The State shall direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
Equal Work for Equal Pay (Art. 39(d))
The State shall direct its policy towards securing that there is equal pay for equal work for both men and women.
Protection of Health and Strength of Workers (Art. 39(e))
The State shall direct its policy towards securing 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.
Childhood and Youth Protection (Art. 39(f))
The State shall direct its policy towards securing 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.
Articles 39(b) and 39(c) together contain the principle of distributive justice, aimed at preventing the concentration of wealth and ensuring equitable distribution of resources.
Free Legal Aid (Art. 39A)
Added by the 42nd Amendment Act, 1976, this principle directs the State to provide free legal aid to the poor and weaker sections of society to ensure that justice is not denied to any citizen merely by reason of economic or other disabilities.
Right to Work, Education, and Public Assistance (Art. 41)
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 in cases of unemployment, old age, sickness, and disablement, and in other cases of undeserved want.
Just and Humane Conditions of Work (Art. 42)
The State shall make provision for securing just and humane conditions of work and for maternity relief.
Living Wage (Art. 43)
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
Participation of Workers in Management (Art. 43A)
Added by the 42nd Amendment Act, 1976, this principle directs the State to take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
Uniform Civil Code (Art. 44)
The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. This aims at having a common set of laws governing personal matters like marriage, divorce, inheritance, adoption, etc., for all citizens, irrespective of their religion. This has been a controversial Directive Principle and remains largely unimplemented.
Village Panchayats (Art. 40)
Article 40 reflects the Gandhian principle of grassroots democracy and decentralisation.
Provision:
Article 40 states:
This principle, though initially non-justiciable, gained significant importance with the enactment of the 73rd Constitutional Amendment Act, 1992, which gave constitutional status to Panchayati Raj Institutions (PRIs) and included them in Part IX of the Constitution, making their establishment mandatory in states and giving them specific powers and responsibilities.
Environmental Protection and Improvement (Art. 48A)
Article 48A is a modern Directive Principle reflecting the growing global awareness of environmental concerns.
Provision:
Added by the 42nd Amendment Act, 1976, Article 48A states:
This principle places an obligation on the State to take measures for environmental protection. The Supreme Court has also linked the right to a clean environment to the Right to Life under Article 21, giving it the status of a Fundamental Right. The 42nd Amendment also added a corresponding Fundamental Duty (Article 51A(g)) enjoining citizens to protect and improve the natural environment.
Protection of Monuments and Places of National Importance (Art. 49)
Article 49 is aimed at preserving the cultural and historical heritage of the nation.
Provision:
Article 49 states:
This principle is implemented through legislation like the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Separation of Judiciary from Executive (Art. 50)
Article 50 is a crucial principle for maintaining the independence of the judiciary.
Provision:
Article 50 states:
This separation is essential for the impartial functioning of the judiciary and is largely achieved by placing the judiciary under the control of the High Courts and Supreme Court and through procedural rules. This principle has been implemented in most states.
Promotion of International Peace and Security (Art. 51)
Article 51 deals with the foreign policy goals of the Indian state.
Provision:
Article 51 states that 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 in the dealings of organised peoples with one another.Encourage
settlement of international disputes by arbitration .
This principle reflects India's commitment to world peace and a rule-based international order, guiding its external relations.
Enforceability and Relationship with Fundamental Rights
Non-enforceability of Directive Principles by Courts (Article 37)
A defining characteristic of the Directive Principles is their non-justiciability, as stated in Article 37.
Provision:
Article 37 states:
This means that a person cannot go to court demanding that the State implement a particular Directive Principle (e.g., implement a Uniform Civil Code, provide a living wage). Courts cannot compel the State to enact legislation or take executive action to give effect to DPSPs.
However, Article 37 also highlights that these principles are 'fundamental in the governance of the country' and impose a 'duty on the State' to apply them in lawmaking. This gives them a degree of moral and political authority, even if not legal enforceability.
Conflict between Fundamental Rights and Directive Principles
The relationship between justiciable Fundamental Rights and non-justiciable Directive Principles has been a source of legal conflict and judicial interpretation. When the State enacts laws to implement Directive Principles, these laws might sometimes conflict with or seem to abridge Fundamental Rights.
Early Approach: Primacy of Fundamental Rights
In the initial years after the Constitution's commencement, the Supreme Court adopted a stance that Fundamental Rights were superior to Directive Principles.
Champlakam Dorairajan Case (1951) / State of Madras v. Champakam Dorairajan (1951)
This was one of the first major cases dealing with the conflict. The Madras Government had issued an order providing caste-based reservation in educational admissions based on Article 46 (DPSP promoting educational interests of weaker sections). This order was challenged as violating the Fundamental Right to equality and non-discrimination (Article 15(1) and Article 29(2)).
The Supreme Court held that
Issue of Fundamental Rights being subordinate to Directive Principles
Following the Champakam Dorairajan case, Parliament reacted by passing the 1st Amendment Act, 1951, adding Article 15(4) to enable special provisions for backward classes, thereby overriding the judicial interpretation that DPSP Article 46 cannot justify violation of FRs. This marked the beginning of legislative attempts to give some degree of primacy to DPSPs.
This conflict led to several cases and amendments, attempting to shift the balance between the two parts.
The Doctrine of Harmonious Construction
To resolve the conflict between Fundamental Rights and Directive Principles, the Supreme Court gradually evolved the Doctrine of Harmonious Construction. This doctrine holds that both parts are equally important and efforts should be made to harmonise them.
Golak Nath Case (1967)
In this case, the Supreme Court held that Fundamental Rights are 'sacrosanct' and cannot be amended by Parliament. While this judgment dealt primarily with the amendability of Fundamental Rights, it implicitly reinforced their superior position over DPSPs, as laws implementing DPSPs could not violate unamendable FRs.
Kesavananda Bharati Case (1973)
This landmark judgment overruled Golak Nath and held that Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter the 'basic structure'. While dealing with the validity of amendments aimed at giving primacy to DPSPs, the Court emphasised the concept of
The Court also upheld the validity of the
Minerva Mills Case (1980)
This case further strengthened the doctrine of harmonious construction and reinforced the position of Fundamental Rights. The 42nd Amendment Act, 1976, had expanded the scope of Article 31C to cover all Directive Principles (not just 39(b) and 39(c)), giving them primacy over Articles 14 and 19. It also excluded judicial review of such laws (new Article 31D, though this was later removed).
The Supreme Court in the Minerva Mills case struck down the extended Article 31C (covering all DPSPs) as unconstitutional. The Court held that the harmony and balance between Fundamental Rights and Directive Principles is an
The Court held that Fundamental Rights are not subordinate to Directive Principles, nor vice versa. Both are equally important, and laws should be made to achieve the goals of DPSPs without violating the core essence of Fundamental Rights.
The current position is that Fundamental Rights and Directive Principles are complementary and courts adopt the principle of harmonious construction. However, if there is a direct and irreconcilable conflict, Fundamental Rights prevail. But the State can make laws to implement DPSPs, and such laws may be subject to judicial review based on their impact on Fundamental Rights and, ultimately, the basic structure of the Constitution.
The 42nd Amendment Act, 1976 and Directive Principles
The 42nd Constitutional Amendment Act, 1976, often called the 'Mini Constitution', made significant changes to the Constitution, including altering the position and scope of Directive Principles.
Changes Introduced:
The 42nd Amendment added four new Directive Principles to Part IV:
Article 39A: To promote equal justice and to provide free legal aid to the poor.
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 to safeguard forests and wild life.
Article 39(f): To secure opportunities for the healthy development of children (this was already in Art. 39 but its scope was expanded).
The amendment also attempted to give primacy to Directive Principles over Fundamental Rights. It amended Article 31C to state that any law enacted to give effect to
As discussed in the previous section, the Supreme Court in the Minerva Mills case (1980) struck down the part of Article 31C that extended its protection to all DPSPs, limiting the primacy only to laws implementing Articles 39(b) and 39(c).
Therefore, while the 42nd Amendment added important new DPSPs, its attempt to make all DPSPs superior to Fundamental Rights was largely thwarted by the judiciary, reinforcing the doctrine of harmonious construction and the basic structure doctrine.