DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, AP, INDIA

TOPIC:

DIRECTIVE PRINCIPLES OF STATE POLICY AND CASES

SUBJECT:

History

NAME OF THE FACULTY:

K.Vishwachandranath Madasu

H.Simran

LLB2018034

2nd sememster

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to our lecturer

Dr.VISWACHANDRANATH Sir who have given me the golden opportunity to do this
wonderful project on the topic “DIRECTIVE PRICIPLES OF STATE POLICY” which also
helped me in doing a lot of research and through which I came to know so many new things. I
am really thankful to him.

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 Contents
PAGE NO.
1. INTRODUCTION…………………………………. 5

2. HISTORY OF DPSP’s……………………………... 6

3. CHARACTERISTICS OF DPSP…………………… 7

4. CLASSIFICATION OF DPSP
i) Social and economic charter
ii) Social security charter
iii) Community welfare charter

5. Fundamental rights…………………………………. 21

6. Fundamental rights and DPSP’s……………………. 24

7. DPSP and amendments…………………………….. 27

8. Implementation……………………………………… 28

9. Conclusion ………………………………………….. 29

10.References …………………………………………… 30

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 ABSTRACT

TOPIC: Directive Principles of State Policy and Cases

DESCRIPTION: As the Britishers left India there was a void in the management of the
State’s affairs. The then formed government had started the drafting of the Constitution. One
of the major part of the constitution was the Directive Principles of State Policy.

These were important as the directives are the instructions of the ultimate sovereign, the
people of India to the future Legislatures and Executives in India that may be established by
or under the Constitution. The directives in that sense are imperative and mandatory
obligations on the State. Second, that the directives cannot be ignored by any responsible
Government because the sanction behind them is not the Court but the strength of public
opinion. Third, that the directives, wedded as it is, to the ideal of economic and social
democracy, represent a dynamic move towards certain objectives. Fourth, that the Directive
Principles enumerated in Part IV and the Fundamental Rights enshrined in Part III of the
Constitution formulated an integrated scheme, the former imposing a positive duty on the
State while the latter containing negative restrictions on the State activities. Fifth, that the
non-justifiability of the directives should, however, not mislead one to believe that they are
non-cognizable. The Courts can take cognizance of the Directive Principles in determining
reasonableness of restrictions imposed by the legislative measures on the Fundamental Rights
of the citizens or to adjudge whether a particular State action was for public purpose or
otherwise. Finally, Part IV containing the Directive Principles does no confer rights or create
remedies but it merely embodies the policies which aim at securing the social order as
contemplated by the Constitution.

Thus is becomes necessary to know in detail how these policies impact the working of an
state. The project mainly aims at the major changes brought about by the DPSP’s. This
project will also see how DPSP’s and Fundamental Rights weigh together. Light will also be
thrown upon DPSP and its amendments. Also various judicial decisions on the conflicting
interests of the DPSP’s will be put fourth.

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 INTRODUCTION

The Indian Constitution was written immediately after India obtained freedom, and the
contributors to the Constitution were well aware of the ruined state of the Indian economy as
well as the fragile state of the nation’s unity. Thus they created a set of guidelines under the
heading Directive Principles for an inclusive development of the society.

Inspired by the Constitution of Ireland, the Directive Principles contain the very basic
philosophy of the Constitution of India, and that is the overall development of the nation
through guidelines related to social justice, economic welfare, foreign policy, and legal and
administrative matters. The Directive Principles are codified versions of democratic socialist
order as conceived by Nehru with an admixture of Gandhian thought.

However, the Directive Principles cannot be enforced in a court of law and the State cannot
be sued for non-compliance of the same. This indeed makes the Directive Principles a very
interesting and enchanting part of the Constitution because while it does stand for the ideals
of the nation, these ideals have not been made mandatory.

The Preamble of the Constitution is called the key to the mind of the drafters of the
Constitution. It lays down the objectives that our Constitution seeks to achieve. Many
scholars believe that DPSPs is the kernel of the Constitution. The Directive Principles of the
State Policy (DPSPs) lay down the guidelines for the state and are reflections of the overall
objectives laid down in the Preamble of Constitution. The expression “Justice- social,
economic, political” is sought to be achieved through DPSPs. DPSPs are incorporated to
attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity. Moreover,
it also embodies the idea of the welfare state which India was deprived of under colonial rule.

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 HISTORY OF DPSP

The Directive principles of State policy are taken from the Irish constitution. The framers of
Indian constitution have been influences by the Irish Nationalist Movement especially the
Home Rule Movement. The Irish people incorporated the Directive Principles of Social
Policy. The ideals for which have been taken from the Declarations of the Rights of Man
indicated clearly in the French Revolution.

The people in India were seeking independence from the Britishers and their rule. The
Indians were influenced by the Irish people and the development of their constitution. Also
these principles  were looked upon by the people of India as an inspiration for the
independent India's government to comprehensively tackle complex social and economic
challenges across a vast, diverse nation and population.

First demand of fundamental rights

The first explicit demand for the fundamental rights came in the form of the “Constitution of
India Bill, 1895″ which was created under guidance of Bal Gangadhar Tilak. This bill
popularly called “Swaraj Bill 1895” spoke about freedom of speech, right to privacy, right of
franchise etc. After that numerous drafts had been created.  In the Madras session of 1927, a
resolution was adopted to draft a ‘Swaraj Constitution” for India he Motilal Nehru Report of
1928 demanded inalienable fundamental rights for the people of India. It was basically
inspired by the American bill of rights which had a great impact on the thinking of the
thinking of the Indian leaders. The Nehru Report was discarded by the Simon Commission.

Advisory Committee on Fundamental Rights

The Constituent Assembly had appointed an advisory committee on fundamental rights

headed by Sardar Vallabhbhai Patel on January 24, 1947. This advisory committee dealt with
the rights of citizens, minorities, tribal and excluded areas.1

Sapru Committee recommendations on Fundamental Rights

The Sapru committee report was published in 1945. This committee recommended that the
Fundamental Rights “must” be included in the Constitution of India. This committee divided
fundamental rights into two parts viz. Justifiable Rights and Non-justifiable rights. The
1
https://www.gktoday.in/gk/fundamental-rights-first-demand-advisory-committee-and-sapru-committee/

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Justifiable rights were those enforceable by a court of law. These enforceable rights were
incorporated in the Part III of the Constitution. The non-justifiable rights were incorporated
as a directive to the state to take all measures to provide those rights to individuals without
any guarantee. They were incorporated in the part IV of the constitution and were called
Directive Principles of State Policy.

MEANING:

DPSP are the general directions and instructions given by the constitution to the state. Here
state according to Article 12 covers the Union, Executive and Legislature, state legislature
and all the local bodies in the territory or under the control of the government.

What are these directives used for?

The government while making any new laws or policies have to keep in mind these
directives. The directives provides base on which the various policies and laws are
formulated. This helps to create a welfare state.

Why these instructions?

The main objective of the DPSP’s is to create a socialistic pattern in the society. To ensure
the concept of welfare state is achieved. The idea of DPSP is to promote equality,
egalitarianism and remove inequalities and discrimination.

CHARACTERISTICS OF DPSP

Directive Principles of State Policy aim to create social and economic conditions under which
the citizens can lead a good life. They also aim to establish social and economic democracy
through a welfare state2. Article 37 of the Indian constitution states the characteristics of
DPSP:

 This part shall not be enforceable in any court of law. Which means that they are non-
justifiable.
 They are fundamental in the governance of the country
 It shall be the duty of the state to apply these principles in making laws.

2
https://aspirantforum.com/2016/06/12/directive-principles-of-state-policy-features-and-principles/

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  The Directive Principles constitute a highly extensive economic, social and political
programme for a modern democratic State. They aim at realising the high ideals of
justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.3
 The Directive Principles, though non-justiciable in nature, help the courts in
examining and determining the constitutional validity of a law.4

CLASSIFICATION OF DPSP’s

The directives maybe classified into following groups:

A- Social and economic charter

Articles 38 and 29 embody Distributive justice. – the concept of distributive justice in the
sphere of law-making is, the removal of economic inequalities rectifying the injustice
resulting from the dealings and transactions between unequals in society.5

1) Social order based on justice.

Article 38 (1) reinforces that the State will endeavor to promote the welfare of the
people by ensuring and protecting as effectively as possible a social order in which
social, economic and political justice will inform all institutions of national life .

2) Principles of policy that the state must follow to guarantee economic justice:
Article 39 states that:
a) Equality of rights between men and women for adequate means of subsistence.
b) Ownership and control of the material resources * of the community are distributed
for the common good.
c) There should be no concentration of wealth in the economic system.
d) Protect the rights of workers and the age of young children and ensure that they are
not forced by economic needs to enter dangerous jobs that are not suitable for their
health, age or strength.
e) Equal pay for equal work.
f) Children should receive opportunities and facilities to develop and ensure that they
are not exploited.

3
https://unacademy.com/lesson/dpsp-meaningcharacteristicssignificance-classification/5EL93U7G
4
https://aspirantforum.com/2016/06/12/directive-principles-of-state-policy-features-and-principles/
5
Central inland water transport corporation v Brojo Nath Ganguly, (1986) 3 SCC 156.

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Material resource *: this covers the land in the hands of private owners. These lands can be
used by the government for public purposes, such as developing, building houses,

In case of Public Interest Litigation v. Union of India6

Case facts:

This PIL arose out of misallocation of licences / radio spectrum by Ministry of

Communications and Information Technology in January 2008 to provide 2G services. The
controversy arose because spectrum was allocated on first-come-first-served basis at the price
prevailing in 2001 though the economic value of the spectrum in 2007-2008 was enormously
more. There were several irregularities in the allocation process. Besides, some of the
beneficiaries earned huge profits by getting spectrum at a throw-away price and then selling
at much higher price. The entire process was perceived as a favour shown to some private
parties at the cost to public exchequer. The Comptroller & Auditor General (CAG) had also
made adverse comments in his audit report.

Ratio decidendi :

1. The exercise undertaken by the officers of DoT between September 2007 and
March 2008, under the leadership of the then Minister of Communications and
Information Technology was wholly arbitrary, capricious and contrary to public
interest apart from being violative of the doctrine of equality.
2. The licences granted to the private respondents on or after 10-1-2008 pursuant to
two press releases issued on 10-1-2008 and subsequent allocation of spectrum to
the licensees were declared illegal and were quashed. The above direction was to
become operative after four months.
3. The spectrum has been internationally accepted as a scarce resource which was
renewable in nature. Although it dosen’t belong to a particular State, it is the legal
owner of the natural resources as the trustee of the people. The process of
distribution should be guided by constitutional principles including the doctrine of
equality and larger public good.

6
AIR 2012 SC 3725.

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In State of Tamil Nadu v. Abu Kavar Bai7 , the court upheld the validity of a law enacted
for the nationalisation of transport services in the State on the grounds that it was for giving
effect to the directive principles contained in Article 39(b) and (c). A nationalisation scheme
meant for the ourpose of distribution or preventing concentration of wealth; as in the case,
must have sufficient nexus to attract the operation of Article(b) and (c). The Tamil Nadu Act
is valid as it subserves nationalisation policy.

In Kachchh Jal Sankat Nirvaran Samiti v. State of Gujarat8,

Case facts:
The issue of allocation of Narmada waters at Sardar Sarovar Dam site was determined on the
basis of 75% dependability at 28 Million Acre Feet. However, the tribunal did not consider
the demand of the State of Gujarat for Banni and Rann of Kachchh on the ground that these
areas are barren and sparsely populated and the soil is highly saline having, very low
permeability and a vertical permeability of nearly nil, a high ground water table and an
impervious layer near the ground water surface, high evaporation and low rainfall. Thus, the
tribunal rejected the claim of the State for irrigating 11 lakhs acres in Ranns and Banni areas
and granted a limited allocation of 9.00 MAF of water in favour of the State of Gujarat. The
tribunal has, however, given the concerned States choice to utilise the quantity of water
falling to their share in their own way.

The petitioners in this petition, have challenged the decisions of meagre allocation of water to
the Kachchh areas on various grounds and are also seeking directions for reconsideration of
the decisions taken by the State in relation to allocation of water to Kachchh.

The petitioner, Kachchh Jal Sankat Nivaran Samiti, through its Convener and other Citizens
of Kachchh, by way of this Public Interest Litigation voiced grievance as regards the meagre
allocation of water from Sardar Sarovar Project by the Government to the District of Kachchh
which constitute 1/4th of the total area of the State which is a 100% drought prone district.
The locus standi of the petitioners, as indicated in para 3.1 of the petition makes the petition
of a representative character on behalf of the people of Kachchh voicing their grievance as
well as the aspirations of the people.

7
(1984) 1 SCC 516
8
AIR 2013 SC 2657

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The issue before the court was whether the divisional bench of the Gujarat High Court was
right in dismissing the application for larger allocation of water from SardarSarovar Dam to
the district of Kachchh on the ground that the issue fell strictly within the domain of the
executive and the judiciary had no right to interfere.

Ratio Decidendi:

The court was in total agreement with the conclusion and reasoning given by the High Court
and it reiterated that there being no judicially manageable standards for allocation of water,
any interference by this Court would mean interference with the day-to-day functioning of
the State Government. In view of separation of powers, this Court could not charter the said
path.

Spectrum belongs to the people – spectrum is a natural resource that belongs to the people.
The state and its instrumentalities are licensee, as the case maybe. Who deal with the same,
who told it on behalf of the people and are accountable to the people.

Equal pay for equal work.- Pursuant to Article 39(d) , Parliament has enacted the Equal
Remuneration Act,1976. The directive contained in Article 39(d) and the Act passed thereto
can be jucicially enforced by the court.

In Randhir Singh v. Union of India9,

The petitioneris a driver constable in the Delhi Police Force under the Delhi
Administration.The scale of pay in the Delhi Police Force is for non-matriculate drivers Rs.
210-270 and for matriculate drivers 225-308. The scale of pay of a driver in the
Railway Protection Force is Rs. 260-400. The scale of pay of driver in the non-secretariat
offices in Delhi is Rs. 260-6-326-EB-8-350, while that of Secretariat offices in Delhi is
Rs. 260-6-290-EB-6-326-8-366-EB-8-8-8-390-10 400. The scale of pay of drivers in the
office of the Language Commission is Rs. 260-300 while the drivers of heavy vehicles in
the Fire Brigade and the Department of Light House is Rs. 330-480. The petitioner
and other driver constables made a representation to the authorities that their case was
omitted to be considered separately by the Third Pay Commission and that their pay scales

9
AIR 1982 Sc 879

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should be the same as the drivers of heavy vehicles in other departments. As their claims
for better scales of pay did not meet with success, the present application has been filed by
the petitioner for the issue of a writ under Article 32 of the Constitution.

Ratio Decidendi:

The SC maintained that the principle of 'Equal pay for equal work, although it is not a
fundamental right' is certainly a constitutional goal and, therefore, can be applied through
constitutional remedies under Article 32 of the Constitution. The doctrine of equal pay for
equal work applies equally to persons employed with a daily wage. They are also entitled to
the same wages as other permanent employees in the department employed to do the same
job.
However, the doctrine of "equal pay for equal work" can not be put into a straitjacket. This
right, although found in article 39, is a fulfillment of the equality clause enshrined in articles
14 and 16 of the Constitution. Reasonable classification, based on intelligible criteria that
have a nexus with the object to be achieved, I admit. Consequently, it has been argued that
different salary scales can be set in the same group of people who perform similar work if
there is a difference in the nature of the work performed and the difference with respect to
reliability and responsibility.10

In State of Haryana v. Rajpal Sharma11,

Case facts:

 Admittedly the respondents are JBT teachers in Privately Managed Aided Schools in
Ambala District in the State of Haryana. While they continued as employees of private
schools much prior to the Haryana State was formed, the State of Haryana by issuance of
Notification dated 3rd January, 1968 revised the pay scales of the teaching personnel with
effect from 1st December, 1967. These respondents acquired higher qualification while
continuing in service and therefore claimed higher scales of pay as is being admissible to
their counter-parts in government schools. The State Government having refused the claim,
they approached the High Court by way of writ petitions.

10
State of A.P v. G.V. Sreenivasa Rao (1989) 2 SSC 209
11
AIR 1997 SC 449

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Ratio Decidendi:

The question of parity in pay scales between the teachers of a recognised aided school and the
teachers of a Government school, as in the present case, came up for consideration in the case
of Haryana State Adhyapak Sangh and others vs. State of Haryana and others, (1988) 4 SCC
571. This Court came to the conclusion that the teachers of aided schools must be paid the
same pay scale and dearness allowance as teachers in government schools for the entire
period served by them and that the expenditure on that account should be apportioned
between the State and the Management in the same proportion in which they share the burden
of the existing employments of the teachers. 

Employment of Children- Clause (f) was amended by the Constitution (Amendment Act
No. 42 of 1976, in order to emphasize the constructive role of the state with respect to
children.) In MC Metha v. State of Tamil Nadu, it has been argued that in view Article 39 can
not allow the use of children inside match factories directly related to the match and
fireworks manufacturing process, as it is dangerous, however, children can be employed in
the packaging process, but It must be done in an area away from the manufacturing site to
avoid exposure to accidents.

In M.C. Metha v. State of Tamil Nadu,12

Case facts:

The Petitioner was an individual concerned about the high rate of employment of children in
the Match factories of Sivakasi in Kamaraj District of the State of Tamil Nadu. Petitioner
contended that such employment was hazardous and unconstitutional. He filed a writ petition
under Article 32 of the Constitution seeking educational, medical and health facilities for the
children. The Respondent Government did not deny the existence of child labour, but instead
offered suggestions to ameliorate the problem.

Ratio decidendi:

A three Judge bench of the SC has held that children below the age of 14years cannot be
employed in any hazardous industry, or mines or other work. The matter was bought in the
notice of the Court by public spirited lawyer M.C Metha who described the pathetic condition
of the children in the factories. The court issued the following directions—
12
(1991) 1 SCC 283

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 1) The court ordered the establishment of a Child Labor Rehabilitation Welfare Fund
and asked the offending employers to pay each child compensation of Rs. 20,000
will be deposited in the fund and suggested a series of measures to rehabilitate
them gradually.
2) The responsibility of the employer would not cease even after the child has been
discharged from work, asked the Government to ensure that the family members
of the child get a job in a factory anywhere instead of the child .
3) The criminal provisions contained in the 1986 Law will be used when the use of
child labor prohibited by law is found.

B- Social Security Charter

1) Participation of workers in the management of industries: Article 43-A
requires the State to take measures, through appropriate legislation or in any
other way to ensure the participation of workers in the management of
companies, establishments or other organizations that participate in any
industry.
2) Right to work, education and public assistance in certain cases: article 41
orders the State to guarantee people within the limits of their economic
capacity and development: (a) employment, (b) education, (c) public assistance
in case of unemployment, old age, illness.
3) Fair and humane working conditions: Article 42 obliges the State to
establish provisions to guarantee fair and humane conditions and for the relief
of maternity.
4) Salaries worthy for workers: Article 43 requires the State to try to guarantee
through adequate legislation or an economic organization or, in any other way,
all workers, agricultural, industrial or not, a living wage, working conditions
ensure a decent level Life and full enjoyment of leisure and social and cultural
opportunities, and in particular, the State will endeavor to promote cottage
industries individually or cooperatively in rural areas.
5) Provisions for early childhood care and education for children under six
years of age. Article 45 required that the State establish provisions within 10

14
 years for free and compulsory education for all children until they reach the age
of 14 years. The objective was to abolish the country's illiteracy.

In Mohini Jain v. State of Karnataka13

Case Facts:

Mohini Jain’s deathblow to private education

Mohini Jain had approached the Court stating that she had gained admission into an MBBS
course at a private institution in Karnataka. A student from outside the state, she was asked to
pay a tuition fee of Rs. 60,000 for the first year and offer a bank guarantee for the remaining
years of the course. Her allegation that there was a demand for a further “capitation fee” of
Rs. 4.5 lakhs was denied. She also argued that the charging of Rs. 60,000 itself amounted to a
“capitation fee” as students admitted against government seats in the same college were
charged only Rs. 2000 and other students from Karnataka were charged only Rs. 25,000.

The Court faced two questions – first, whether there is a right to education and if so, whether
charging a capitation fee violated that right, and second, whether charging a capitation fee
violated Article 14 of the Constitution.

Ratio Decidendi:

In answering the first question, the Court held, in a sweeping constitutional interpretation,
that there is a fundamental right to education at all levels (primary, secondary and higher) and
that the state was under a constitutional mandate to provide educational institutions at all
those levels. Extending that finding, the Court held that when the state government grants
recognition to any educational institution, it creates an agency to fulfill its obligation under
the Constitution. The charging of a capitation fee was consequently, a denial of a citizens’
right to education.

The final blow to private institutions came on the issue of fixation of the tuition fee. The
Court held that if government seats are filled by charging Rs. 2,000, it is the state’s
responsibility to ensure that all other institutions that are set up with government permission
and have obtained recognition from the government, also charge the same amount as fees.

13
(19193) 1 SCC 645

15
Mohini Jain was a harsh decision. It failed to balance the viability of running private
institutions with the provision of quality, widely accessible education. The judgment viewed
the imparting of education in India as a duty and a charitable activity. Perhaps influenced by
the idea that the commercialisation of education was not desirable and ought to be curbed, the
Court failed to examine government policies that allowed private institutions to flourish and
even removed the incentives for setting up these institutions. The Court therefore did not
consider the fact that private educational institutions, unlike government institutions, had to
sustain themselves through fees charged from students and through donations.

Moreover, there was no discussion on the nature and extent of the fundamental right to
occupation guaranteed under Article 19(1)(g) of the Constitution and whether this right
would include the right to establish and run educational institutions. Through this judgment,
education was effectively nationalised. However, it did not hold the field for very long.

1) The duty to raise the standard of living and the improvement of health.- Article 47
imposes on the State the duty to raise the level of nutrition and the standard of
living of its population and the improvement of public health. In particular, the
State must prohibit consumption, except for the medical purposes of intoxicating
beverages and drugs harmful to health.
7) Promotion of the educational and economic interest of the weakest section. -
Article 46 obliges the States to promote with special care the educational and
economic interest of the weakest sectors of the people, and in particular to
scheduled castes and tribes. , and to protect From social injustice and all forms of
exploitation.
8) Equal justice and free legal aid to economically backward classes.- Article 39-A
directs the state to ensure that the operation of the legal system promote justice,
on on basis of equal opportunities and shall , in particular, provide free legal aid,
by suitable legislation or scheme or in any other way, to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic or other
disabilities. This Article was added to the Constitution pursuant to the new policy
of the Government to give legal aid to economically backward classes of people.

‘Legal aid’ and ‘speedy trail’ have now been held to be fundamental rights under Article-21
of the Constitution available to all prisoners and enforceable by the courts. The State in under

16
a duty to provide lawyer to a poor person and it must pay to the lawyer his fee as fixed by he
court.

In Centre of Legal Research v. State of Kerala 14 it has been argued that to achieve the
objectives of Article 39-A, the state should encourage and support the participation of
voluntary organizations or social action groups in the operation of the legal assistance
program. The legal assistance program aimed at providing social justice to people can not
remain confined in the traditional or litigation-oriented program, but must take into account
the socio-economic conditions prevailing in the country and adopt a more dynamic approach.
Voluntary organizations must participate and receive support to implement the legal
assistance program and must be free from government control.

C- Community Welfare Charter

Uniform civil code- Article 44 requires the state to secure for citizens a Uniform Civil code
throughout the territory of India.
In the Sarla Mudgal v. Union of India15
Case Facts:
There were two main applicants. The first was Kalyani, an NGO that works with needy and
anguished women, headed by Sarla Mudgal. The next petitioner was Meena Mathur, married
to Jitender Mathur, in 1988, Meena finds that Jitender converted to Islam and solemnized her
second marriage with Sunita Narula, also known as Fathima. Meena Mathur complains that
her husband converted to Islam only for the purpose of remarrying and eluded the provisions
of Section 494 of the IPC.

In Petition 424 of 1992, Geeta Rani, married to Pradeep Kumar, alleged physical and mental
violence by her husband. She later discovered that her husband, Pradeep, eloped and married
another woman after converting to Islam in 1991. Sushmita Ghosh, petitioner in Petition for
Civil Deed 509 of 1992, married GC Ghosh according to the rituals Hindus in 1984. The
husband told her that she wanted a divorce and the petitioner argued that she was the legally
married wife. The husband embraced Islam and wanted to marry Vinita Gupta. The petitioner
has prayed not to allow her husband to marry Vinita Gupta.
Ratio Decidendi:
14
AIR 1986 SC 1322
15
AIR 1995 SC 1531

17
The Court held that the first marriage would have to be dissolved under the Hindu Marriage
Act of 1955. The man's first marriage would therefore still be valid and under Hindu law, his
second marriage, solemnized after his conversion, would be illegal under Section 494 of the
Indian Penal Code, 1860.

The Sarla Mudgal ruling did not issue instructions for the implementation of the Uniform
Civil Code, although Judge Kuldeep Singh asked the government to review article 44 of the
Constitution.

Pragati Varghese v Cyril George Varghese

Case Facts:
Current demands are filed by Christian wives for the dissolution of their marriages under
Section 10 of the Divorce Act of India, 1869 (hereinafter, "the Act"). Each of them
challenges the principles of the provisions of Section 10 of the Law, which establishes the
reasons why the husband and wife can sue for the dissolution of the marriage. It is argued that
the provisions are archaic and discriminate negatively against wives against spouses simply
because of sex and, therefore, violate article 15 of the Constitution. It is further argued that
the provisions mentioned above discriminate against them compared to wives belonging to
other communities. Therefore, they are denied equality before the law and, therefore, the
provisions violate Article 14 of the Constitution. It is also stated that the aforementioned
provisions force them to continue living with their husbands as wives despite being subject to
cruelty or desertion. Therefore, they are deprived of their right to life and personal freedom,
thus violating their dignity. The provisions, therefore, contravene article 21 of the
Constitution.

Ratio Decidendi:
Here the court declared that sections 17 and 20 of the Indian Divorce Act invalid and also
struck down the section 10 of the Act. It provided that for the annulment or divorce paused by
the District court was required to be confirmed by a 3 Judge bench of the HC.

In Noor Saba Khatoon v. Mohd. Quasim the SC held that a divorced Muslim woman is
entitled to claim maintenance for her children till they become major.

18
All marriages must be registered: this is the 1st step toward Uniform civil code.
In Seema v. Ashwani Kumar16
Case facts:
A petition for transfer filed with the Supreme Court that draws attention to the increase in the
number of cases of harassment in marital and maintenance cases due to the consequences of
non-registration of marriages in some states. Notices were sent to various states and
territories of the Union and to the wise Attorney General to indicate their position regarding
the need for marriage registration.
Ratio decidendi:
The Honorable Supreme Court has noted the above fact and has pointed out the advantage
that some unscrupulous people have taken that deny the existence of their marriage and that
affect women to a large extent, since in most States there was no registration marriage
official. Hindu law allows the state government to establish rules regarding the registration of
marriages. Under S. 8 (2) of the Hindu Marriage Act of 1955, if the Government of the State
believes that such registration should be mandatory, it can provide it. In the event, the person
who contravenes any rule made in this regard will be sanctioned with a fine.

Promotion of Co-operative Societies: article 43B of the of the constitution speaks that the
state should endeavor to promote voluntary formation, democratic control, autonomous
functioning and professional management of Co-operative Societies.
Organization of agriculture and animal husbandry: article 48 of the constitution directs
the State to organize them on modern and scientific lines. He focus on improving the breed
and prohibiting animal slaughter.
Protection and improvement of forests and wildlife: Art.48-A says that the State should
make plans and make steps towards the improvement of the environment and also to
safeguard the nature.
Protection of monuments and places and objects of national importance: Art 49 directs
the state to maintain the monuments of national importance from destruction, disfigurement
or export.
Separation of judiciary from the executive: Art 50 ensure to promote the rule of law.
Promotion of international peace and security: Art 51 says that the State should make sure
that there is international peace and stability. It also directs to maintain just and honourable

16
AIR 2006 SC 1158

19
relations between nation. It should strive to foster international relations and makes sure that
the disputes are resolved through arbitration.
The protection of Human Rights Act,1993
Organization of Village Panchayat: Art 40 empowers the state to organize village
panchayat and give them powers to form rules and regulations.

20
 FUNDAMENTAL RIGHTS

Fundamental rights were included in the constitution because they were considered essential
for the development of the personality of each individual and to preserve human dignity. The
writers of the Constitution considered democracy useless if civil liberties, such as freedom of
expression and religion, were not recognized and protected by the State.According to them,
"democracy" is, in essence, a government by opinion and, therefore, the means to formulate
public opinion must be assured to the people of a democratic nation. For this purpose, the
constitution guaranteed all citizens of India freedom of expression and freedom and various
other freedoms in the form of fundamental rights.

All persons, regardless of their race, religion, caste or sex, have received the right to directly
apply to the Supreme Court or the Superior Courts for the application of their fundamental
rights. It is not necessary that the aggrieved party is the one that does it. People affected by
poverty may not have the means to do so and, therefore, for the public interest, anyone can
initiate litigation in the court on their behalf. This is known as "public interest litigation". In
some cases, the judges of the Supreme Court have acted on their own based on newspaper
reports.

These fundamental rights help not only protection but also prevent serious violations of
human rights. They emphasize the fundamental unity of India by guaranteeing all citizens
access to and use of the same facilities, regardless of their background. Some fundamental
rights apply to people of any nationality, while others are available only to citizens of India.
The right to life and personal freedom is available to all people, and so is the right to freedom
of religion. On the other hand, the freedoms of expression and expression and the freedom to
reside and settle in any part of the country are reserved for citizens, including non-resident
Indian citizens. 17The right to equality in matters of public employment can not be conferred
on citizens of India abroad.

17
Tayal, B.B. & Jacob, A (2005), Indian History, World Developments and Civic, pg. A-25
21
Fundamental rights are guaranteed by the constitution of India are fully enforceable in the
Court of law unlike the DPSP. These rights are contained in Part III of the Indian
Constitution from Article12 – Article35. But in a broader sense these are categorized into 6
main heads. They are as follows:
General

ARTICLE

12. Definition

13. Laws of inconsistent with or in derogation of the fundamental rights.

Right to Equality

ARTICLE

14. Equality before law.

15. Prohibition of discrimination on grounds of religion,race,caste,sex or place of birth.

16. Equality of opportunity in matters of public employment.

17. Abolition of Untouchability

18. Abolition of titles.

Right to Freedom

ARTICLE

19. Protection of certain rights regarding freedom of speech, etc.

20. protection in respect of conviction for offences.

21. Protection of life and personal liberty.

22. Protection against arrest and detention in certain cases.

Right against Exploitation

ARTICLE

23. Prohibition of traffic in human beings and forced labour.

24. Prohibition of employment of children in factories, etc.

22
 Right to Freedom of Religion

ARTICLE

25. Freedom of conscience and free profession, practice and propagation of religion.

26. Freedom to manage religious affairs.

27. Freedom as to payment of taxes for promotion of any particular religion.

28. Freedom as to attendance at religious instruction or religious worship in certain education

institutions.

Cultural and Educational Rights

ARTICLE

29. Protection of interests of minorities.

30. Right of minorities to establish and administer educational institutions.

31. [Repealed.]

Saving of Certain Laws

ARTICLE

31A. Savings of laws providing for acquisition of estates,etc.

31B. Validation of certain Acts and Regulations

31C. Saving of laws giving effect to certain directive principles

31D. [Repealed.]

Right to Constitutional Remedies

ARTICLE

32. Remedies for enforcement of rights conferred by this Part.

32A. [Repealed.]

33. Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.

34. Restriction on rights conferred by this Part while martial law is in force in any area.

23
35. Legislation to give effect to the provisions of this Part.

In Gokul Lal v. State of Punjab18

Case Facts:

The family of Henry and William Golaknath owned more than 500 acres of farmland in
Jalandar, Punjab. Faced with the Land Security and Land Tenure Act of Punjab of 1953, the
state government held that the brothers could only maintain thirty acres each, a few acres
would go to the tenants and the rest would be declared surplus. This was challenged by the
Golaknath family in the courts and the case was remitted to the Supreme Court in 1965. The
family filed a petition under Article 32 against the Punjab Law of 1953 because it denied
them their constitutional rights to acquire goods and goods. exercise any profession (Article
19 (f) and (g)) and equality before the law and equal protection of the law (Article 14). They
sought to have the seventeenth amendment, which had placed the Punjab Law in the ninth
program, declared ultra vires (beyond the powers).

Ratio Decidendi:
 Fundamental Rights are given a transcendental position in the constitution and
are not amenable to the Parliamentary restriction as stated in Article 13.
 A place of permanence is given to the Fundamental Rights in the Constitution.
 in order to amend Fundamental Rights, a new Constituent Assembly is
necessary.
 Article 368 provides the procedure to amend the Constitution but does not confer
power on Parliament to amend the Constitution.

DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS

The compatibility between Fundamental Rights and the DPSP has always been controversial.
The applicability of both concepts must be understood because if the Constitution is a
currency, then the Fundamental Rights and the DPSP are two facades of that currency.

On the one hand, Part III, that is, Fundamental Rights, limits the power of the government
and prevents the state from making any law that contravenes the interests of its people; On

18
(1967 AIR 1643, 1967 SCR (2) 762)

24
the other hand, Part IV helps the state to make a law that harmonizes the interest of its people.
Both the fundamental rights and the directive principles of the state policy have the same
relevance and importance in the current legal scenario and can not be ignored. Many people
argue that DPSP are useless due to their lack of justiciability, but we must understand that
these are not only the guiding principles, but also establish the general goals and ideals that
India strives to achieve.

There has always been a debate as to if fundamental rights come first or the DPSP’s. There
few judicial pronouncements that settle this dispute.

In Madras vs Champakan19
Case Facts:
The state of Madras maintained 4 Medical and Engineering collages respectively. The seats
were given on the basis of certain proportions set forth by the Communal G.O. Thus, for
every 14 seats to be filled by the selection committee, candidates used to be selected strictly
on the following basis:--

Non-Brahmin (Hindus) ... 6

Backward Hindus ... 2

Brahmins ... 2

Harijans ... 2

Anglo-Indians and Indian

Christians .... 1

Muslims ... 1

Sri Srinivasan who had actually applied for admission into the Government Engineering
College at Guindy, filed a petition praying for a writ of mandamus or any other writ
restraining the State of Madras and all officers thereof from enforcing, observing,
maintaining or following the Communal G.O. in and by which admission into the
Engineering College was sought to be regulated in such manner as to infringe and involve the
violation of the fundamental right of the petitioner under Article 15 (1) and Article 29 (2) of
the Constitution.
19
AIR 1951 SC 226

25
Ratio Decidendi:

The classification in communal G.O proceeds on the basis of religion, race, and caste.The
court held that the classification made by the Communal G.O is opposed to the constitution
and constitutes a clear violation of the Fundamental Rights guaranteed to the citizen under
Article.29(2).

The Communal G.O is inconsistent with the provisions of Article 29(2) in Part III of the
constitution is void under Article 13.

Here a certain law was contravening with the Fundamental Rights and was thus held void.
But the same wouldn’t have been the case with the Directive principles as the Fundamental
Rights are on a higher pedestal.

Kerala Education Bill20

The Supreme Court in the Education bill of Re Kerala (1957) proposed the Doctrine of
Harmonious Construction to avoid a situation of conflict when applying the DPSP and the
Fundamental Rights. According to this doctrine, the court held that there is no inherent
conflict between the FRs and the DPSPs, and that the courts, when interpreting a law, should
try to give effect to both as far as possible.You should try to harmonize the two as much as
possible.

The court also said that when two interpretations of the law are possible, and one
interpretation validates the law, while another interpretation makes the law unconstitutional
and invalid, then the first interpretation that validates the law must be adopted. But if only an
interpretation leading to a conflict between the DPSPs and the FRs is possible, the court has
no choice but to implement the FRs in preference to the DPSP’s.

I.C Gokulnath v. State of Punjab:

Verdict of the Court: Fundamental rights can not be abbreviated or diluted.

Reaction of the parliament: The parliament responded again with the Law of Amendment 25
of the constitution that inserted the Article 31C in the Part III. Article 31 C contained two
provisions:

20
1959 1 SCR 995

26
First If a law is created to give effect to the DPSP in Article 39 (b) and Article 39 (c) and in
the process, the law violates Article 14, Article 19 or Article 31, then the law should not
declare itself unconstitutional and void simply for this reason.

Second. Any law that contains the statement that it must give effect to the DPSP in Article 39
(b) and Article (c) will not be challenged in a court of law.

Keshavnanda bharthi v State of Kerala21

The previous amendment was challenged in the Kesavananda Bharati case (1973).

Judicial verdict: Parliament can amend any part of the Constitution, but can not destroy the
Basic Structure of the Constitution. The second clause of Article 31C was declared
unconstitutional and null as it was against the Basic Structure of the Constitution that was
proposed in this case. However, the SC maintained the first provision of article 31C. The
court also held that the power of judicial review can not be withdrawn by Parliament.

Parliament's reaction: Parliament enacted the Amendment 42 Act in 1976, which extended
the scope of the first Article 31C provision mentioned above by including in its scope any
law to implement any of the DPSP specified in Part IV of the Constitution and not simply
Article 39 (b) or (c).

DPSP AND AMENDMENTS

To modify the Directive Principles of State Policies, the constitutional amendment is
required. It has to be approved by the special majority of both houses of Parliament. After
independence there have been several amendments to the constitution and some of them
belong to the DPSP.

As of the 42nd Constitutional Amendment of 1976, he made four changes in the DPSP. In the
first place, it modified article 39, which obliges the state to guarantee a social order for the
promotion of the welfare of the people. In addition, he added Article 39-A, which states that
it is the duty of the State to guarantee equality of justice and free legal aid. By virtue of this
article, the Parliament proposed the law called Law of Authorities of Legal Services, of 1987.

21
1972 4 SSC 225

27
It also added Article 48A, which deals with the protection and improvement of the
environment. Water pollution, air pollution, environmental pollution laws, forest law, etc.
demonstrate the application of the principles established in article 48A.

The Constitutional Amendment No. 44, 1978 added clause (2) of Article 38 that directs the
state to minimize inequalities in income, to eliminate inequalities in the state, facilities and
opportunities, not only among individuals but also between groups of people who reside in
different areas or participate in different vocations

The 73rd Constitutional Amendment of 1992, which introduced the panchayats into Part IX
of the Constitution, has its origin in Article 40 of the Constitution. It is about the Panchayats
village organization.

86th constitutional amendment, 2002 inserted article 21-A into the Constitution of India. It
provides the right to free and compulsory education for all children in the age group of six to
fourteen years as a fundamental right. The roots of this amendment can be found in article 41,
which deals with the right to work, education and public assistance in certain cases.

The 97th Constitutional Amendment of 2011 added article 43-B authorizing the state to
promote voluntary training, autonomous functioning, democratic control and professional
management of cooperative societies.

IMPLEMENTATION
Although the implementation of the principles set forth in Part IV is not directly visible, there
are a large number of laws and government policies that reflect the application of the Part IV
principle. In the Judicial History of India, many laws and legal provisions were created by
judicial reasoning. In such cases, the DPSP played a very important role and the courts took
the guiding principles into consideration with great caution.

Policies such as the Mahatma Gandhi Rural Employment Guarantee Law (MGNREGA)
derive their authority from Article 39 (a), which deals with the right to adequate means of
subsistence. Laws such as the Child Labor (Prohibition and Regulation) Act of 1986 reinforce
the canons of Article 39 (g), which deals with the protection of children.

28
The laws relating to the prohibition of culling and steers obtain their sanctity from article 48,
which deals with the organization of agriculture and livestock. Laws such as the Workers'
Compensation Law, the Minimum Wages Law, the Industrial Employment Law (Regulation),
the Factories Act, the Maternity Benefit Act represent the application of Article 41, Article 42
and Article 43A.

Government policies such as the Integrated Rural Development Program (IRDP), the
Integrated Tribal Development Program (ITDP) and Pradhan Mantri Gram Sadak Yojana,
etc. are the reflections of the main objectives listed in Article 47, which talks about raising
the standard of living and improving. public health.

In the end, all these laws and policies try to achieve the objectives and principles established
in Article 38, that is, the creation of a welfare state.

29
 CONCLUSION
This project tries to demonstrate that the relevance and importance of the DPSP can not be
ignored only on the basis of its non-justiciability. Our constitutional drafters did not add these
provisions just for the simple fact of existing, but added these principles to facilitate the
country's governance. They added this part to meet the main objectives and the ultimate goal
of a country. In addition, after analyzing the information mentioned above, it would be wrong
to say that the DPSP are not implemented. All policies and laws that arise from the state must
comply with the standards of Part IV. Therefore, even after not being justiciable, they have
equal relevance and importance as fundamental rights or any other provision of the
Constitution.

30
 Reference

Books
M.P Jain, Constitutional law of India 53rd edition 2017
D.D Basu, Introduction to the Constitution of India 23rd edition
NCERT, Indian Constitution at work 1st edition 2006

Websites
 https://www.clearias.com/fundamental-rights-vs-directive-principles-what-if-there-is-a-
conflict/
 https://keydifferences.com/difference-between-fundamental-rights-and-directive-
principles.html#KeyDifferences
 https://en.wikipedia.org/wiki/Fundamental_rights_in_India
 https://www.lawnotes.in/Directive_Principles_of_State_Policy_of_Constitution_of_India

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