CG: JUDICIAL REVIEW (Hons I) PROJECT

On
INTERPRETATION OF DIRECTIVE PRINCIPLES OF STATE POLICY
Submitted to:
MRS. RAJPUT SHRADDHA BHAUSINGH
Assistant Professor
Faculty of CG: JUDICIAL REVIEW (Hons I)
Submitted by:
Rajshee Singh
Roll No. - 117
Semester VIII, Section B
I.D. NO.- 017/2017/1792
BA.LLB (Hons.)
Submitted On:
5th April, 2021

HIDAYTULLAH NATIONAL LAW UNIVERSITY

Uparwawa Post, Abhanpur, Atal Nagar, Raipur (C.G.) – 492002
 DECLARATION

“I Rajshee Singh have undergone research of the project work titled” “INTERPRETATION
OF DIRECTIVE PRINCIPLES OF STATE POLICY”, “as a student of CG: Judicial Review
(Hons I). I hereby declare that this research project has been prepared by the student for
academic purpose only, and is the outcome of the investigation and preparation done by me
under the able guidance and supervision of Mrs. Rajput Shraddha Bhausingh, Assistant
Professor, CG: Judicial Review (Hons. I), Hidayatullah National law University, Raipur. The
authors endorses certain views as her own and gives due credit to the jurists wherever required.”

Rajshee Singh
Roll no. - 117
Semester-VIII, Section-B

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 ACKNOWLEDGEMENT

“I feel highly elated to work on the topic” “INTERPRETATION OF DIRECTIVE

PRINCIPLES OF STATE POLICY”. “The practical realization of this project has obligated
the assistance of many persons. I would like to thank our faculty especially Mrs. Rajput
Shraddha Bhausingh, that she gave me opportunity to do work on this project and for her
valuable guidance and support.”
“I would be grateful to receive comments and suggestions for further improvement of this
project report.”

Thanking you!

Rajshee Singh
Sem-VIII, Sec. - B
Roll no. - 117

ii
 TABLE OF CASES

 State of Madras v. Champakam Dorairajan

 Randhir Singh v. UOI
 Sarla Mudgal v. Union of India

CONTENTS

DECLARATION i
ACKNOWLEDGEMENT ii
TABLE OF CASES iii
CHAPTER -1- INTRODUCTION 1-3
1. OBJECTIVES
2. METHODOLOGY
3. CHAPTERIZATION
4. MAJOR FINIDINGS
CHAPTER -2 – Interpretation of DPSPs. 4-6
CONCLUSION 7
REFERENCE 7

iii
 INTRODUCTION

“The directive principles of state policy are contained in Part IV of the Indian constitution and it
set out aims and objectives to be taken up by the states in the governance of the country. This
feature was taken from Ireland and Ireland took it from Spanish constitution.”

“The concept behind the formation of DPSP is to create a WELFARE STATE”. “The motive
behind is to establish social and economic democracy in the state.” “According to Dr. B.R.
Ambedkar these are ‘novel features’ of the Constitution of India” “Part 4 of the Indian
Constitution consists of all the DPSP (Directive Principles of State Policy).” “It covers the
Articles from 36 to 51. Article 36 of Part IV defines the term “State” as the one, who has to keep
in mind all the DPSP before formulating any policy or law for the country.” “The definition of
“State” in the part IV will be the same as that of Part III, unless the context otherwise requires a
change in it. In Article 37 the nature of DPSP has been defined. DPSPs are non-justifiable.”

“DPSP and fundamental rights have a common origin. The Nehru Report of 1928 contained the
Swaraj Constitution of India which contained some of the fundamental rights and some other
rights such as the right to education which were not enforceable at that time.”

“Sapru Report of 1945 divided fundamental rights into justifiable and non-justifiable rights.”
“Justifiable rights, the one which was enforceable in a court of law and included in Part III of the
Constitution. On the other hand, Non-justifiable rights were listed as directive principles, which
are just there to guide the state to work on the lines for making India a welfare state. ” “They
were included in part IV of the Constitution of India as Directive Principles of State Policy.”
“The Constituent Assembly was given the task of making a constitution for India.” “The
assembly composed of elected representatives and Dr. Rajendra Prasad was elected as its
President.” “Both the Fundamental Rights and the DPSP were enlisted in all the drafts of the
constitution (I, II and III) prepared by the Drafting Committee whose chairman was Dr. B.R.
Ambedkar.”

“The DPSP of the Indian Constitution was inspired by the Irish Constitution which took these
details from Spain.” “Some Instruments of Instructions, which also became the immediate source

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of DPSP, have been taken from the Government of India Act, 1935.” “Another source was the
Sapru Report, 1945 which gave us both Fundamental Rights (justifiable) and DPSP(s) (non-
justifiable).”” According to some scholars, DPSP is “the kernel of the Indian Constitution”.

“The Directive Principles of the State Policy (DPSP) are the guidelines for the state which it
must consider while formulating new laws and policies and it lay down all the objectives which
the Constitution seeks to achieve.” “The expression “Justice – Social, economic and political”
that is mentioned in the preamble is the ultimate aim that has to be achieved through the
formulation of the DPSP.” “DPSP are enlisted to attain this ultimate aim as mentioned in the
preamble i.e. Justice, Liberty, Equality and fraternity are also known as the four pillars of the
Indian Constitution. It also enlists the idea of the welfare state which was absent under the
colonial rule.”

OBJECTIVE:-

“The Constitution Act of India, 1935, itself provided for ‘Instruments of Instructions’ which
were a fruitful idea. Ambedkar said. The above statement of Dr. Ambedkar makes it crystal clear
that these principles are not binding upon the Government. Indian constitution becomes vested
with the scope of sanctity essential to its durability; it will be difficult for any public figure to
propose any legislative measures without making an appeal to Fundamental Rights or Directive
Principles”.

RESEARCH METHODOLOGY

The study relied extensively on documentary sources of data. This report is done with the help of
secondary sources of data. The secondary information has been obtained from public sources
Federalism are primarily helpful for the completion of this project

CHAPTERIZATION

Following report is divided into four chapters:-

 CHAPTER 1- INTRODUCTION.

 CHAPTER 2 – Interpretation of DPSPs.

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  CHAPTER 3 – Conclusion.

MAJOR FINDINGS

How DPSP works, what are its guidelines for the state and government. How it was borrowed
from other constitutions of the world.

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 INTERPRETATION OF DIRECTIVE PRINCIPLES OF STATE POLICY

“Part IV of the Constitution deals with Directive Principles of State Policy (Article 36 to 51),
which are directions given by the constitution to the State for the welfare of people.” “DPSPs
are socio- economic rights and these are non- guaranteed or non-justifiable rights.” “Article 37
of the constitution states that these principles provided in part IV is fundamental in the
governance and state has to apply these principles while making laws.”

“Directive principles are non-justifiable in nature and fundamental rights contained in part III
of the constitution are justifiable principles.” “There is a common target of fundamental rights
and directive principles which is to assure justice and secure progress of individual as well as
society.” Directive principles represent the social and economic freedom and fundamental
rights represent freedom of individuals.”

“Indian judiciary had played a significant role while making proper alignment between
fundamental rights and directive principles.” In early stage, Court was considering
fundamental rights and directive principles as in conflict.” Court’s position was that, in the
case of conflict between these two, it is the fundamental rights, who are going to prevail over
DPSPs.”

“In State of Madras v. Champakam Dorairajan, the Supreme Court held that “the
unenforceable directive principles could not override the judicial enforceable rights”.1”

“In later stage, a significant change was visible in attitude of court and it showed high level of
judicial creativity while interpreting and establishing relationship between directive principles
and fundamental rights.”

“Court started to apply a new judicial technique, in which it was giving a wider content to
fundamental rights with the help of goals and ideals contained in directive principles.” “Court
started to give a more progressive interpretation of law through these judicial techniques.”
“Court included concept of social justice to fundamental rights and, give away earlier view
that they are consist of individual rights only.”’

1
“AIR 1951 SC 226”.

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 “For example, in article 14 which talks about equality before law, court introduced concept of
social justice into the principle of equality.” “Court read principle of equality with the directive
principles, which contain some aspect of equality.” “In Randhir Singh v. UOI, the Supreme
Court had deal with the issue of protection of the interest of employees. Observations made by
this court in this case are most remarkable one.” “Court observed that without the right of
equal pay to equal work, equality as a fundamental right would be meaningless.””

“Court observed”

““But, it certainly is a constitutional goal... Directive Principles, as have been pointed out in
some of the judgments of this Court have to be read into fundamental right as a matter of
interpretation. To the vast majority of the people the equality clause will have some substance
if equal work means equal pay. "2’

“Court held “Construing Articles 14 and 16 in the light of the Preamble and Article 39 (d), we
are of the view that the principle of equal pay for equal work is deducible from those Articles
and maybe applied properly applied to cases of unequal scales of pay based on no
classification or wrong classification.”3”

“Creativity of this decision lies in widening the concept of equality by making ‘equal pay for
equal work’ principle as facet of right to equality in part III of the constitution.”

“While playing active role on interpretation and issuing directions over directive principles, on
some occasion’s court adopted over active role thereby causing judicial overreach.” “Directive
principles are not enforceable and non justifiable per se, and court cannot ask legislature to
enact laws confirming directive principles or giving directions to executive to implement these
in their actions.” “Tendency of court to issue direction on directive principles, which require
purely legislative decisions led to situations where subsequently court has to back down.””

“In Sarla Mudgal v. Union of India 4, the Supreme Court observed the need of bringing
uniform civil code, and it directed the government to explain the steps it had taken in the
direction of bringing uniform civil code.” “Here question to bring uniform civil code totally

2
“Randhir Singh v. Union of India, AIR 1982 SC 879, P. 881”.
3
“Id at p.882”.
4
“(1995) 3 SCC 635”.

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 lied on the will of legislature, where it has to consider various issues like minority rights,
personal laws, woman’s rights, etc.” “It is not a good precedent for the court to ask legislature
to bring a law on a subject provided in directive principles of state policy part.” “In a later
case, court had to downplay its observation explaining it as ‘incidentally made’.5””

5
“Ahmadabad women action group v. Union of India (1997) 3 SCC 573 atp. 582 (Para 14)”.

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 CONCLUSION

“These Directives thus constitute the national objectives and the national conscience and
whosoever is victorious at the polls will not be free to violate them. According to Mr. Alladi
Krishnaswamy Ayyar, “No ministry responsible to the people can afford light heartedly to ignore
the provisions in Part IV of the constitution.” They have served as a guide for the Union
Parliament and state legislatures. They are cited by the courts to support decisions. The
governmental bodies have been invariably guided by these provisions.”

“If we make a critical estimate of the achievements of the present Government in implementing
these policies, we feel encouraged. Panchayats are being established in the remotest villages of
our country. They are being restored to their old pristine glory. Nationalization of certain
industries, setting up of corporations. Heavier taxation of bigger incomes, recovery of
deliberately concealed taxes and courageous steps to bring Dalmias in the clutches of law reflects
that the State is doing its lest to avoid concentration of wealth and Efforts are being made to
make available primary education to the children below the age of 14 years. The assistance to
Scheduled Castes in the form of stipends and scholarships, remission of school and college fees,
concession in the age and fees limits for those applying for jobs through public Service
Commission are effective steps to uplift the downtrodden class of Hindus.”

REFERENCE

 https://blog.ipleaders.in/directive-principles-state
policy/#Directive_Principles_of_State_Policy_Meaning
 M.P. Jain, Indian Constitutional Law.
 Basu, Durga Das, Constitutional Law of India, 8th Edition, LexisNexis
ButterworthsWadhwa Nagpur, Gurgaon, 2011.
 Jain, Prof. M.P., Indian Constitutional Law, 5th Edition, LexisNexis ButterworthsWadhwa
Nagpur.