Directive Principles of State Policy as a Salient Feature
Indian Polity › Salient Features of the Constitution · Topic 3.8
The Directive Principles of State Policy, in Part IV (Articles 36 to 51), are ideals the State must keep in mind when making policy and laws. Borrowed from Ireland, they are non-justiciable but fundamental in governance, and aim at a welfare state.
8 min read · UPSC Prelims · Polity · Salient Features
At a Glance
- What it is Ideals that the State should keep in mind while formulating policies and enacting laws, enumerated in Part IV of the Constitution, Articles 36 to 51
- Borrowed from The Irish Constitution of 1937, which had copied it from the Spanish Constitution
- Ambedkar’s description A “novel feature” of the Indian Constitution
- Nature Non-justiciable, but Article 37 says they are fundamental in the governance of the country
- Three categories Socialistic, Gandhian and liberal-intellectual
- Aim To establish social and economic democracy and a welfare state
- Exam link UPSC Prelims, Polity: Salient Features
Where Does It Fit?
The previous topic described the Fundamental Rights, which are justiciable and operate against the State. The Directive Principles are the companion to them in Part IV. Together they contain the philosophy of the Constitution. The detailed treatment of the principles belongs to the category on the Directive Principles.
What Are the Directive Principles?
The Directive Principles of State Policy are enumerated in Part IV of the Constitution, from Articles 36 to 51. The framers borrowed the idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. Dr. B.R. Ambedkar described these principles as “novel features” of the Indian Constitution. Granville Austin described the Directive Principles and the Fundamental Rights together as the “conscience of the Constitution”.
The phrase denotes the ideals that the State should keep in mind while formulating policies and enacting laws. They are constitutional instructions or recommendations to the State in legislative, executive and administrative matters. Under Article 36, the term State in Part IV has the same meaning as in Part III.
Ambedkar said that the Directive Principles are like the instrument of instructions issued to the Governor-General and the Governors under the Government of India Act of 1935, with the difference that they are instructions to the legislature and the executive.
The Directive Principles constitute a comprehensive economic, social and political programme for a modern democratic State. They embody the concept of a welfare state, not a police state, and seek to establish economic and social democracy in the country.
Are They Enforceable?
The Directive Principles are non-justiciable. They cannot be enforced by the courts for their violation, and the government cannot be compelled to implement them. Nevertheless, Article 37 says that these principles are fundamental in the governance of the country and that it is the duty of the State to apply them in making laws. They impose a moral obligation on the State authorities, but the real force behind them is political, that is, public opinion.
Ambedkar said in the Constituent Assembly that a government which rests on popular vote can hardly ignore the Directive Principles, and that if any government ignores them it will have to answer for that before the electorate. The framers made them non-justiciable because the country did not possess sufficient financial resources, because of the vast diversity and backwardness in the country, and because the newly born State might be crushed under the burden unless it was free to decide the order, time and mode of fulfilling them.
Though non-justiciable, they help the courts. If a court finds that a law seeks to give effect to a Directive Principle, it may consider the law “reasonable” in relation to Article 14 or Article 19 and save it from unconstitutionality.
How Are They Classified?
The Constitution does not classify the Directive Principles, but on the basis of their content and direction they can be put into three broad categories.
| Category | Aim | Examples |
|---|---|---|
| Socialistic | Framework of a democratic socialist State; social and economic justice; welfare state | Article 38 (social order, minimise inequalities); Article 39 (livelihood, equal pay for equal work); Article 39A (equal justice and free legal aid); Article 41 (right to work); Article 43A (workers in management) |
| Gandhian | Gandhi’s programme of reconstruction | Article 40 (village panchayats); Article 43 (cottage industries); Article 43B (co-operative societies); Article 46 (SCs, STs and weaker sections); Article 47 (prohibition of intoxicating drinks); Article 48 (cow protection) |
| Liberal-intellectual | Liberal ideology | Article 44 (uniform civil code); Article 45 (early childhood care); Article 48A (environment, forests and wildlife); Article 49 (monuments); Article 50 (separation of judiciary from executive); Article 51 (international peace and security) |
Which Principles Were Added Later?
- 42nd Amendment Act, 1976: four new principles: healthy development of children (Article 39), equal justice and free legal aid (Article 39A), participation of workers in the management of industries (Article 43A), and protection of the environment, forests and wildlife (Article 48A).
- 44th Amendment Act, 1978: one more, to minimise inequalities in income, status, facilities and opportunities (Article 38).
- 86th Amendment Act, 2002: changed Article 45 and made elementary education a fundamental right under Article 21A; the amended directive is on early childhood care and education until the age of six.
- 97th Amendment Act, 2011: a new principle on co-operative societies (Article 43B).
How Do They Differ from the Fundamental Rights?
| Fundamental Rights | Directive Principles |
|---|---|
| Negative: prohibit the State from doing certain things | Positive: require the State to do certain things |
| Justiciable | Non-justiciable |
| Establish political democracy | Establish social and economic democracy |
| Legal sanctions | Moral and political sanctions |
| Personal and individualistic; promote the welfare of the individual | Societarian and socialistic; promote the welfare of the community |
| Automatically enforced | Require legislation for implementation |
| Courts must declare a law violating them unconstitutional | Courts cannot declare a law violating them invalid, but can uphold a law made to give effect to one |
In the Minerva Mills case (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.
What Do the Critics and Supporters Say?
Critics said the principles have no legal force: K.T. Shah called them “pious superfluities”, T.T. Krishnamachari called them “a veritable dustbin of sentiments”, K.C. Wheare called them a “manifesto of aims and aspirations”, and Sir Ivor Jennings called them “pious aspirations”. They were also criticised as illogically arranged and as conservative, and K. Santhanam pointed to possible constitutional conflicts.
In spite of this, the Directive Principles are not an unnecessary appendage. L.M. Singhvi called them “the life giving provisions of the Constitution”. They amplify the Preamble, provide stability and continuity in policies despite changes of government, supplement the Fundamental Rights by providing social and economic rights, and create a favourable atmosphere for the enjoyment of the Fundamental Rights.
Why Is This Topic Important?
- Direct Prelims material: The classification, the articles, the amendments that added principles and the comparison with the Fundamental Rights can be asked directly.
- Link to the basic structure: The balance between Fundamental Rights and Directive Principles is an element of the basic structure.
What Came Next?
The next topic describes the Fundamental Duties, which were added to the Constitution in 1976.
Key People and Terms
- Instrument of Instructions The 1935 Act’s instructions to Governors; Ambedkar compared the Directive Principles to them
- Article 37 Non-enforceable but fundamental in governance
- Welfare state The concept the principles embody
- Granville Austin Called the Rights and the Directives the conscience of the Constitution
- Sir B.N. Rau Recommended dividing rights into justiciable and non-justiciable
Exam Corner
Points to Remember
- Part IV: Articles 36 to 51. Borrowed from Ireland (1937), which copied Spain.
- Three categories: socialistic, Gandhian, liberal-intellectual.
- Added by the 42nd Amendment: Articles 39, 39A, 43A, 48A. By the 44th: Article 38. By the 97th: Article 43B.
- The 86th Amendment changed Article 45 and created Article 21A.
- Minerva Mills (1980): balance between Fundamental Rights and Directive Principles.
Do Not Confuse With
- Article 36 and Article 37: Article 36 defines the State for Part IV; Article 37 says the principles are not enforceable but fundamental in governance.
- Article 39 and Article 39A: Article 39 lists principles on livelihood, equal pay and the protection of children; Article 39A is on equal justice and free legal aid.
- Article 43 and Article 43A and 43B: Living wage and cottage industries; workers in management; co-operative societies.
Memory Hook
Part IV, Articles 36 to 51: Irish idea, three kinds, no court, but the electorate is the judge.
Mains Angle
Questions usually ask about the relation with the Fundamental Rights and the value of non-justiciable principles. Use these points to add depth.
- Political sanction: The real force behind them is public opinion, and Ambedkar said an ignoring government must answer before the electorate.
- Why non-justiciable: Limited resources, diversity and backwardness, and the burden on a newly born State.
- Help to the courts: A law that gives effect to a directive may be treated as reasonable under Articles 14 and 19.
- Complementary to rights: They fill the vacuum in Part III with social and economic rights.
- Critique: No legal force, illogical arrangement, conservative philosophy and potential constitutional conflicts.
A Question You May Face
An original practice question, not a past paper question.
“The Directive Principles are non-justiciable, yet fundamental in the governance of the country.” Discuss.
How to Answer
- Introduction: Part IV, Irish origin, Article 37.
- Non-justiciability: reasons and political sanction.
- Importance: help to the courts, supplement to rights, welfare state, balance with Fundamental Rights in Minerva Mills.
- Conclusion: Critics called them pious aspirations, but they guide the State towards economic and social democracy.
GS Relevance
Frequently Asked Questions
What are the Directive Principles of State Policy?
The Directive Principles are the ideals that the State should keep in mind while formulating policies and enacting laws. They are enumerated in Part IV of the Constitution, in Articles 36 to 51, and aim at establishing social and economic democracy and a welfare state.
From which Constitution were the Directive Principles borrowed?
The framers borrowed the idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution. Dr. B.R. Ambedkar described the Directive Principles as novel features of the Indian Constitution, resembling the instrument of instructions under the 1935 Act.
Are the Directive Principles enforceable in courts?
No. They are non-justiciable, so courts cannot enforce them and the government cannot be compelled to implement them. Article 37 says they are nevertheless fundamental in the governance of the country, and the real force behind them is political, that is, public opinion.
What are the three categories of Directive Principles?
The Directive Principles can be classified into socialistic, Gandhian and liberal-intellectual principles. The Constitution itself does not classify them. Examples are Article 38, Article 40 on village panchayats, and Article 44 on the uniform civil code, in the three categories respectively.
What is the difference between Fundamental Rights and Directive Principles?
Fundamental Rights are negative, justiciable, legally sanctioned and aim at political democracy. Directive Principles are positive, non-justiciable, morally and politically sanctioned and aim at social and economic democracy. Fundamental Rights are personal, whereas Directive Principles are societarian.
Which Directive Principles were added by amendments?
The 42nd Amendment of 1976 added Articles 39 (children), 39A, 43A and 48A; the 44th Amendment of 1978 added Article 38 on minimising inequalities; the 86th Amendment of 2002 changed Article 45; and the 97th Amendment of 2011 added Article 43B on co-operative societies.
Why were the Directive Principles made non-justiciable?
The framers made them non-justiciable because the country did not possess sufficient financial resources, because vast diversity and backwardness stood in the way, and because the newly born Indian State might be crushed under the burden unless it was free to decide the order, time and mode of fulfilling them.
What did Minerva Mills say about Rights and Directive Principles?
In the Minerva Mills case of 1980 the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. The harmony and balance between the two is an element of the basic structure.
PYQ Practice — Statement Analysis
1 The Directive Principles of State Policy are enumerated in Part IV of the Constitution, Articles 36 to 51.
The idea was borrowed from the Irish Constitution of 1937.
2 The Directive Principles are enforceable by the courts when violated.
They are non-justiciable, though Article 37 says they are fundamental in the governance of the country.
3 Article 40, on the organisation of village panchayats, is a Gandhian principle.
Article 43 (cottage industries), 43B, 46, 47 and 48 are also Gandhian principles.
4 The 44th Amendment Act (1978) added the Directive Principle to minimise inequalities in income, status, facilities and opportunities.
This is in Article 38. The 42nd Amendment added four principles.
5 Fundamental Rights are positive in nature, while Directive Principles are negative.
Fundamental Rights are negative as they prohibit the State from doing certain things; Directive Principles are positive as they require the State to do certain things.
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