TEAM SFI LAWCOZ

CONSTITUTION - 3
DIRECTIVE PRINCIPLES OF STATE POLICY
Article 37 of the Constitution declares Directive Principles to be "fundamental to the
governance of the country" and imposes an obligation on the State to apply them in matters
of legislation. However, it also states these principles are not enforceable in any court of
law.

The concept of Directive Principles of State Policy was borrowed from the Irish constitution,
the Declaration of Rights of Man by Revolutionary France, and the Declaration of
Independence by the American Colonies.
Dr Ambedkar compared Directive principles to the instrument of Instructions issued by
Governor General to governors in British India, as per Government of India Act 1935, to
provide a pattern of action towards economic democracy and socialism..

The Directive Principles of State Policy are directions listed in part IV of the Constitution, as
guidelines to the state, to be kept in mind while framing laws and policies.
The objective of DPSP are
- to ensure social, economic and political justice
- guide the establishment of an economic and social democracy, as proposed by the
Preamble of the Constitution.

Koluthara Exports v State of Kerala (2002): Directive principles only indicate direction, and
do not have legislative competence.

Some of the directive principles are socialistic in nature

- securing adequate means of livelihood
- equal pay for equal work
- right to education
- right to public assistance in case of unemployment, old age, sickness etc
- living wage and healthy working conditions

Some principles are derived from Gandhianism

- organziation of panchayaths
- promotion of cottage industries
- upliftment of SC and ST

Some principles are derived from liberal-intellectualism

- separation of judiciary from execution
- promotion of international peace and co-operation
- free and compulsory education
- humane conditions of work and maternity benefits
- improvement of public health
Prior to 1971, legislations promoting directive principles that override fundamental rights
were void. Thus in State of Madras v Champakam (1951), action of Madras government. in
dividing college seats on basis of religion and caste was struck down as violating Art 29(2).
Likewise, the Kerala Education Bill (1959) that banned charging fees for students in primary
classes (based on art 45 which mandates free primary education) was challenged by private
schools and declared unconstitutional schools on grounds in violated article 30(1) which
allowed minorities to run their own private institutions.

However, 25th amendment of 1971 introduced article 31-C, said legislation could overrule
fundamental rights to avoid concentration of wealth and proper distribution of material
resources. The validity of this amendment was upheld in Kesavananda Bharathi case. The
42nd Amendment 1976 amended 31-C and placed Directive Principle beyond challenge of
fundamental rights, in effect Directive Principles overriding Fundamental rights. This has
been struck down as unconstitutional in Minerva Mills v Union of India (1980).

After this amendment, the old position that DPSP cannot override fundamental rights holds.
Law for nationalization of motor transport service in Tamil Nadu was upheld (State of TN v
Abu Kauvr Bal (1984))

DPSP are non-enforceable and non-justifiable.

Article Directive Principle Status

39 Adequate means of livelihood for all citizens, with . These clauses have been used to
- Equal pay for equal work for men and women support nationalization of mineral
- Proper working conditions resources and public utilities, and also
- Reduction of the concentration of wealth and pass legislation pertaining to agrarian
means of production from the hands of a few reform and land tenure
- Distribution of community resources to "subserve
the common good".
39A Free legal aid to ensure opportunities for securing justice Court appointed lawyers for those who
are available to all citizens irrespective of economic or cannot afford lawyers on their own;
other disabilities legal aid clinics
41 to State shall strive to offer MNERGA, various labour/welfare
42 - Right to work legislations such as Maternity benefits
- Living wage act, ESI, EPF, Minimum Wages Act.
- Social Security
- Maternity relief
- Decent Standard of Living
43 Promotion of cottage industries Establishment of khadi boards,
handloom societies etc
43A Participation of workers in the management of industries Formation of works committee in
industries, trade union representatives
in PSU director boards
44 Uniform civil code for all citizens, by eliminating Special Marriages Act, Sn 125 of CrPC,
discrepancies between various personal laws currently in Abolition of Child Marriages
force in the country.
45 Free and compulsory education to children between the Constitution amendment in 2002
ages of six and fourteen years converts this DSP into a fundamental
right. Now scope of this clause is for
state to provide childhood care for all
children up to age of six.
46 Economic upliftment of SC and ST, and protect them from Reservations, SC atrocities act
 discrimination and exploitation.
47 Raise the standard of living and improve public health, and Liqour ban and restrictions,
prohibit the consumption of intoxicating drinks and drugs prohibitions
injurious to health
48 Organize agriculture and animal husbandry on modern and Cow protection laws
scientific lines by improving breeds and prohibiting
slaughter of cattle.
48A Protect the Environment and safeguard the forests and CRZ regulations and other
wildlife of the country environment laws, JC Mehta case
49 preservation of monuments and objects of national Ancient Monument protection Act
importance already in Place, ASI
50 Separation of judiciary from executive in public services, to SC Judges appointed by Collegium; HC
ensure judicial independence and SC judges have security of tenure;
salaries of judges not subject to vote in
legislature; no discussion on conduct
of judges in legislature; Article 50 of
the constitution says, “The state shall
take steps to separate the judiciary
from the executive in the public
services of the state.
51 Promotion of international peace and security Non-Alignment Movement, SAARC

Several legislations such as

* Abolition of Jagirs Act 1951 in Madhya Pradesh
* Equal remuneration Act 1976
* Bank Nationalization Act 1968Paymenty of Bonus Act 1965
* Panchayathi Raj Act 1992
* Interstate migrant workman act, 1959
* ESI Act
are all in furtherance of directive principles

 Air India v United Labour Union (1997): Contract labour was absorbed as regular
employees by removing the middlemen-contractor based on idea of economic
empowerment laid down in Directive Principles.
 Surender Singh v Engineer in chief CPWD (1986): SC ordered equal wages for daily
wage labourers and permanent employees doing the same work.
 Union of India v Ranjan Das (2004): Onus of proof for demanding equal pay for equal
work rests on person making the claim and not the employer. Equal pay depends not
on designation, but on responsibilities, functions etc.
 Sarala Mudgal v Union of India (1955) SC asked centre to take a fresh look on Art 44
(uniform civil code), but said court cannot give direction to enforce UCC
 State of Gujarat v Mirzapur: SC upheld total ban on cow slaughter based on Art 48
(organization of agriculture and animal husbandry). Mohd Hanif Queeshi v Bihar
(1958) gave a similar verdict and state cow slaughter did not violate freedom of
religion.
 In MC Mehta v Union of India (2002), SC drew on directive principles to establish
state has duty to secure health of people, improve public health and environment.
 Banduha Mukthi Mircha v Union of India (1984), SC directed government to install
dust sucking machines in stone crushing units to prevent air pollution.
  Jagganath v Union of India 91997): SC banned shrimp cultivation in costal areas as
the practice violated Environment protection Act 1986, and article 48.

Importance of Directive Principles

Directive principles of state policy lay down the objective of the Indian state. It is the
Directive Principles which breathes soul into the Constitution, differentiating between a
‘Welfare State’ and ‘Police State’, and making India the former.

They provisions in DPSP promote the welfare of citizens. Clauses offering free legal aid to
the economically disabled, ensure fair wages, raising nutrition levels, education, and more
prevents exploitation of the weak and oppressed.

DPSP promote the cause of village panchayats, organising animal husbandry, protection of
the environment and more. Such clauses set the spirit of Indian Republic as being based on
“grassroots oriented” and “people centric” development, as opposed to a crony capitalistic
development model.

The clauses relating to Uniform Civil Code aims to promote national integration and
strengthen the nation-state.

The clauses relating to separating judiciary from executive strengthens democracy and
prevents subversion of the state through personality cults and authoritarianism.

Overall, the DPSP aims to establish social and economic democracy promised in the
Preamble, and establish a welfare state. These provisions confirm the Republic of India does
not subscribe to either of the extremes of capitalism or anarchism.

Directive Principles v Preamble

The Preamble of the constitution lays down the gist of India a s a socialist republic. The
Directive Principles reiterate the stand, by co-opting several princles enshrouded in
socialism.
The debates in Constitution assembly made it explicit directive principles were for the
purpose of establishing the idea of economic democracy in India, and as safeguards against
laissez faire.

DIFFERENCE BETWEEN DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS

The Fundamental Rights (Part-III), together with Directive Principles of State Policy (Part IV)
are together called cornerstone of the constitution, and is described as the Magna Carta of
India.

Directive Principles of State Policy Fundamental Rights

Chapter IV of the Constitution, articles 36 to 51 Chapter III of Constitution, articles 14 to 32

Not enforceable through any court of law Enforceable by filing writ in High Court or
Supreme Court
Instructions to the government for achieving certain ends Limitation on the powers of the government
through their actions. operating on an individual

Legislations can contravene Directive Principles Any law contravening the Fundamental Rights is
void (State of Madras v. Champakan, (1951)
Legislation to implement Directive Principles cannot Superior, overrides Directive Principles
override or contravene Fundamental Rights. However,
25th Amendment to constitution, 1971 makes laws
enacted to implement DPSP immune from
unconstitutionality on the grounds that it violates Articles
14 and 19 of Constitution

Fundamental Rights are superior to Directive principles. In Champakam Dorairajan Case

(1952): SC held Article 37 expressly says that the directive principles are not enforceable by
court. SC also said chapter on Fundamental rights in the constitution is sacrosanct and DPSP
have to conform to and run subsidiary to it.

The SC, after the judgement in the Kesavananda Bharati case, has adopted the view of the
Fundamental Rights and Directive Principles being complementary to each other, each
supplementing the other's role in aiming at the same goal