INDIAN POLITY

Indian Constitution (1) Claims of SCs and STs to Services:-(Article

Part – IV – Article 36 to 51 335 in Part XVI).
(2) Instruction in mother tongue:-(Article 350-A
Directive Principles of State Policy in Part XVII).
(3) Development of the Hindi Language:-
(Article 351 in Part XVII).
Introduction
• Background: The source of the concept of
Directive Principles of State Policy (DPSP)
is the Spanish Constitution from which it
came in the Irish Constitution.
• The concept of DPSP in the Indian
Constitution borrowed from from the Irish
Constitution (1937)\
• Part IV of the Constitution of India (Article
36–51) contains the Directive Principles
of State Policy (DPSP).
• DPSP are ideals which are meant to be
kept in mind by the state when it formulates
policies and enacts laws.
• Article 37 of the Indian Constitution States
about the application of the Directive
Principles.
• These principles aim at ensuring social
economic justice to the people and
establishing India as a Welfare State.
• They are an ‘instrument of instructions’
which are enumerated in the
Government of India Act, 1935.
• They seek to establish economic and
social democracy in the country.
• DPSPs are ideals which are not legally
enforceable by the courts for their
violation.
• Dr. B. R Ambedkar described these
principles as “Novel Features” of the
Indian Constitution.
• The DPSP along with the Fundamental
Rights contain the philosophy of the
Constitution and is the soul of the
Constitution. Article :- 36.
• Granville Austin has described the DPSP Definition In this Part, unless the context otherwise
and Fundamental requires, the State has the same meaning as in
• Rights as the “Conscience of the Part III
Constitution”.
• Indian Constitution has not originally Article :- 37.
classified DPSPs but on the basis of Application of the principles contained in this Part
their content and direction, they are The provisions contained in this Part shall not be
usually classified into three types- enforceable by any court, but the principles
Socialistic Principles, Gandhian therein laid down are nevertheless fundamental
Principles and,Liberal-Intellectual in the governance of the country and it shall be
Principles. the duty of the State to apply these principles
• Directives Outside Part IV :- in making laws

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Directive Principle based on Socialist
Principles
• Article 38: To promote the welfare of the
people by securing and protecting a social
order by ensuring social, economic and
political justice and by minimize
inequalities in income, status, facilities
and opportunities
• Articles 39: To Secure:
(a)Right to an adequate means of
livelihood to all the citizens.
(b)The ownership and control of
material resources shall be organised in a
manner to serve the common good.
(c)The State shall avoid concentration of
wealth in a few hands.
(d)Equal pay for equal work for both men
and women.
(e)The protection of the strength and health
of the workers.\
(f)Childhood and youth shall not be
exploited.
• Article 39A: To promote equal justice
and to provide free legal aid to the poor.\
• Article 41: To secure the right to work, to
education and to public assistance in
cases of unemployment, old age,
sickness and disability.
• Article 42: To make provisions for
securing just and humane conditions of
work and for maternity relief.
• Article 43: To secure to all workers a
living wage and a decent standard of life
and social and cultural opportunities for
all workers.
• Article 43A: To take steps to secure the
participation of workers in the
management of industries.
• Article 47: To raise the level of nutrition
and the standard of living of people and
to improve public health.
Directive Principle based on Gandhian
Principles
• Article 40: To organise village
panchayats and endow them with
necessary powers and authority to
enable them to function as units of Self
Government
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• Article 43: To promote cottage
industries on an individual or cooperative
basis in rural areas.
• Article 43B: To promote voluntary
formation, autonomous functioning,
democratic control and professional
management of cooperative societies.
• Article 46: To promote educational and
economic interests of the SCs, STs, and
other weaker sections of the society and
to protect them from social injustice and
exploitation.
• Article 47: To prohibit consumption of
intoxicating drinks and drugs that are
injurious to health.
• Article 48: To prohibit the slaughter of
cows, calves and other milch and
draught cattle and to improve their
breeds.
Directive Principle based on Liberal-
Intellectual Principles
• Article 44: To secure for all citizen a
Uniform Civil Code through the territory of
India.
• Article 45: To provide early childhood
care and education for all children until
they complete the age of six years.
• Article 48: To organise agriculture and
animal husbandry on modern and scientific
lines.
• Article 48A: To protect and improve the
environment and to safeguard the forests
and wildlife of the country.
• Article 49: To protect monument or place
and objects of artistic or historic interest
which are declared to be of national
importance.
• Article 50: To separate judiciary from
the executive in the public services of the
State.
• Article 51: To promote international
peace and security and maintain just and
honourable relations with the nations: to
foster respect for international law and
treaty obligations: to encourage settlement
of international disputes by arbitration
New Directive Principles:-
• The 42nd Amendment Act of 1976 added
four new DPSP to the original list.

(1) Article 39F:-To secure opportunities for
the healthy development of children
(2) Article 39A:-To promote equal justice and
to provide free legal aid to the poor
(3) Article 43A:-To take steps to secure the
participation of workers in the management
of industries
(4) Article 48A:-To protect and improve the
environment and to safeguard forests and
wildlife
(5) The 44th Amendment Act of 1978 added
one more DPSP under article 38 clause
(2), which requires the State to minimize
inequalities in income, status, facilities and
opportunities (Article:- 38)
(6) The 86th Amendment Act-2002 changed
the subject matter of Article 45 and made
elementary education a fundamental tight
under Article 21A. The amended directive
requires the State to provide early
childhood care and education for all
children until they complete the age of six
years.
(7) The 97th Amendment Act of 2011 added
a new Directive Principle relating to co-
operative societies. It requires the state to
promote voluntary formation, autonomous
functioning, democratic control and
professional management of co-operative
societies (Article 43B)
Framers of the Constitution made DPSP
non-justiciable and legally non-
enforceable because
• The country did not possess sufficient
financial resources to implement them.
• The presence of vast diversity and
backwardness in the country would stand
in the way of their implementation
• The newly born independent Indian State
with its many preoccupations might be
crushed the burden unless it was free to
decide the order, the time, the place and
the mode of fulfilling them.
• Therefore Constitution makers, therefore,
take a pragmatic view, refrained from
giving teeth to these principle. They
believed more in an awakened public
opinion rather than in court procedures as
the ultimate sanction for the fulfillment of
these principles.
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Criticism of Directive Principles of State
Policy
• It has no legal force
• It is illogically arranged
• It is conservative in nature
• It may produce constitutional conflict
between centre and state
Utility of Directive Principle of State Policy
• The DPSP are not an unnecessary
appendage to the Constitution. The
Constitution itself declares that they are
fundamental to the governance of the
country.
• That the DPSP have great value because
they lay down that the goal of Indian Polity
is “socio-economic democracy" as
distinguished from “political
democracy”.
• They are like an “Instrument of
Instructions” or general
recommendations addressed to all
authorities in the Indian Union.
• They have served as useful beacon-
lights to the courts.
• They amplify the Preamble, which
solemnly resolves to secure to all citizens
of India justice, liberty, equality and
fraternity.
Quotes regarding DPSP
• ‘No ministry responsible to the people can
afford light-heartedly to ignore the
provisions in Part IV of the constitution’: Sir
Alladi Krishnaswamy Ayyar
• ‘A government which rests on popular vote
can hardly ignore the DPSP while shaping
its policy’
• ‘DPSP are life-giving provisions of the
constitution’- LM Singhvi
• ‘DPSP are aimed at furthering the goals of
the social revolution or to foster the
revolution by establishing the conditions
necessary for its achievements’- Granville
Austin
• ‘DPSP are moral precepts for the
authorities of the state’- Sir BN Rau

Conflicts Between Fundamental Rights
and DPSP: Associated Cases
• Champakam Dorairajan v the State of
Madras (1951): In this case, the Supreme
Court ruled that in case of any conflict
between the Fundamental Rights and
the Directive Principles, the former
would prevail.
1. It declared that the Directive Principles
have to conform to and run as subsidiary
to the Fundamental Rights.
2. It also held that the Fundamental Rights
could be amended by the Parliament
by enacting constitutional amendment
acts.
• Golaknath v the State of Punjab (1967):
In this case, the Supreme Court declared
that Fundamental Rights could not be
amended by the Parliament even for
implementation of Directive Principles. It
was contradictory to its own judgement in
the ‘Shankari Parsad case’.
• Previously in the Shankari Prasad v
Union Of India-1951, the Supreme Court
upheld the power of the Parliament to
amend any part of the Constitution,
including that which affects
Fundamental Rights of citizens.The
• Parliament reacted to the Supreme Court
judgement in the Golaknath Case (1967)
by enacting the 24th Amendment Act
(1971) and 25th Amendment Act (1971).
• The 24th Amendment Act declared that
the Parliament has the power to abridge
or take away any of the fundamental
Rights by enacting Constitutional
Amendment Acts.
• The 25th Amendment Act-1971 inserted
a new Article 31C which which contained
the following two provisions:-
(1) It says that no law that seeks to
implement socialistic directive
principles specified in Articles 39 (b)
and (c), shall be declared void on the
grounds of contravention of the
fundamental rights conferred by Article 14
or Article 19.
(2) Moreover, no law containing a declaration
that it is for giving effect to such policy shall
be questioned in any court on the ground
that it does not give effect to such a policy.
• Kesavananda Bharati v the State of
Kerala (1973): In this case, the Supreme
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Court overruled its Golak Nath (1967)
verdict and declared that Parliament can
amend any part of the Constitution but
it cannot alter its “Basic Structure”.
• The SC also declared the second
provision of Article 31C as
unconstitutional and invalid on the
ground that judicial review is a basic
feature of the Constitution and hence,
cannot be taken away.
• Later, 42nd Amendment Act (1976)
extended the scope of the above first
provision of Article 31C by including within
its protection any law to implement any of
the Directive Principles and not merely
those specific in Article 39 (b)
• In other words, 42nd Amendment Act
accorded the position of legal primacy
and supremacy to the Directive
Principles over the Fundamental Rights
conferred by Article 14, 19 and 31.
• Minerva Mills v the Union of India (1980):
In this case, the Supreme Court reiterated
that Parliament can amend any part of the
Constitution but it cannot change the “Basic
Structure” of the Constitution.
• It also make Directive Principles were
once again made subordinate to the
Fundamental Rights. But the
Fundamental Rights conferred by Article
14 and 19 were conferred bby Article 14
and 19 were accepted as subordinate to
the Directive Principles specified in Article
39 (b) and (c)
• Conclusion: Today, Fundamental Rights
enjoy supremacy over the Directive
Principles. Yet, Directive Principles can be
implemented. The Parliament can amend
the Fundamental Rights for implementing
the Directive Principles, so long as the
amendment does not damage or destroy
the basic structure of the Constitution.

Implementation of DPSP: Associated Acts
Directives Outside Part IV
• Apart from the Directives included in Part
IV, there are some other Directives
contained in other parts of the Constitution.
They are:
• Claims of SCs and STs to Services: The
claims of the members of the Scheduled
Castes and the Scheduled Tribes shall be
taken into consideration, consistently with
the maintenance of efficiency of
administration, in the making of
appointments to services and posts in
connection with the affairs of the Union or
a State (Article 335 in Part XVI).
• Instruction in mother tongue: It shall be
the endeavor of every state and every local
authority within the state to provide
adequate facilities for instruction in the
mother tongue at the primary stage of
education to children belonging to linguistic
minority groups (Article 350-A in Part
XVII).
• Development of the Hindi Language: It
shall be the duty of the Union to
promote the spread of the Hindi
language and to develop it so that it may
serve as a medium of expression for all the
elements of the composite culture of India
(Article 351 in Part XVII).
• Note:- The above Directives are also non-
justiciable in nature. However, they are
also given equal importance and attention
by the judiciary on the ground that all parts
of the constitution must be read together.
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• Panchayati Raj System: Through 73rd
Constitutional Amendment Act, 1992,
government fulfilled constitutional
obligation stated in Article 40. Three tier
‘Panchayati Raj System’ was introduced
at the Village, Block and District level in
almost all parts of the country.
• Cottage Industries: To promote cottage
industries as per Article 43, the
government has established several
Boards such as Village Industries Board,
Khadi and Village Industries
Commission, All India Handicraft Board,
Silk Board, Coir Board, etc., which
provide essential help to cottage industries
in finance and marketing.
• Rural Area Development: Programmes
such as the Community Development
Programme (1952), Integrated Rural
Development Programme (1978-79) and
Mahatma Gandhi National Rural
Employment Guarantee Act
(MGNREGA-2006) were launched to raise
the standard of living particularly in
rural areas, as stated in the Article 47 of
the Constitution.
• Health: Central Government sponsored
schemes like Pradhan Mantri Gram
Swasthya Yojana (PMGSY) and National
Rural Health Mission (NRHM) are being
implemented to fulfill the social sector
responsibility of the Indian State.
• Environment: The Wildlife (Protection)
Act, 1972, the Forest (Conservation)
Act, 1980, and the Environment
(Protection) Act, 1986 have been enacted
to safeguard the wildlife and the forests
respectively.The Water and Air
PollutionControl Acts have provided for
the establishment of the Central Pollution
Control Board.
• Education: Government has implemented
provisions related to free and compulsory
education as provided in Article 45.
• Introduced by the 86th Constitutional
Amendment and subsequently passed the
Rights to Education Act 2009,
Elementary Education has been accepted
as FR’s of each child between the 6 to 14
years of age
• Heritage Preservation: The Ancient and
Historical Monument and

Archaeological Sites and Remains Act
(1958) has been enacted to protect the
monuments, places and objects of national
importance.
Indian Constitution
Part – IV A – Article 51 A
Fundamental Duties
Introduction
• The framers of the Constitution did not feel
it necessary to incorporate the fundamental
duties of the citizens in the Constitution.
• However, they incorporated the duties of the
State in the Constitution in the form of Directive
Principle of State Policy.
• The idea of Fundamental Duties is inspired
from the Constitution of Russia (erstwhile
Soviet Union).
• These were incorporated in Part IV-A of the
Constitution by the 42nd Constitutional
Amendment Act, 1976 on the
recommendations of the Swaran Singh
Committee.
• The committee recommended the inclusion of
a separate chapter on fundamental duties in
the Constitution. It stressed that the citizens
should become conscious that in addition to
the enjoyment of rights, they also have
certain duties to perform as well.
• Originally 10 in number, one more duty was
added through the 86th Constitutional
Amendment Act, 2002, Now total there are
11 Fundamental Duties.
• All the eleven duties are listed in Article 51-
A of the Constitution (the sole Article in
Part-IV-A).
• Like the Directive Principles of State Policy,
Fundamental duties are also non-justiciable
in nature.
• Fundamental Duties apply only to
citizens and DO NOT EXTEND TO
FOREIGNERS.
• Both moral and civic duties have been laid
down under the fundamental duties
• The fundamental duties are not enforceable in
nature. No legal sanction can be enforced
by the government in case of their
violation.
Article:-51A. Fundamental duties it shall be
the duty of every citizen of India
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(a) to abide by the Constitution and respect
its ideals and institutions, the national Flag
and the National Anthem;
(b) to cherish and follow the noble ideals
which inspired our national struggle for
freedom;
(c) to uphold and protect the sovereignty,
unity and integrity of India;
(d) to defend the country and render
national service when called upon to do so;
(e) to promote harmony and the spirit of
common brotherhood amongst all the people
of India transcending religious, linguistic and
regional or sectional diversities; to renounce
practices derogatory to the dignity of
women;
(f) to value and preserve the rich heritage of
our composite culture;
(g) to protect and improve the natural
environment including forests, lakes, rivers
and wild life, and to have compassion for
living creatures;
(h) to develop the scientific temper,
humanism and the spirit of inquiry and
reform;
(i) to safeguard public property and to abjure
violence;
(j) to strive towards excellence in all spheres
of individual and collective activity so that
the nation constantly rises to higher levels of
endeavour and achievement
(k) To provide opportunities for education to
his child or ward between the age of six and
fourteen years. (added by the 86th
Constitutional Amendment Act, 2002).
Relevance of Fundamental Duties under
Article 51A:
 They serve as a reminder to the citizens that
while enjoying their rights, they should also
be conscious of duties they owe to their
country, their society and to their fellow
citizens.
 They serve as a warning against the anti-
national and antisocial activities like burning
the national flag, destroying public property
and so on.
 They serve as a source of inspiration for the
citizens and promote a sense of discipline
and commitment among them.
 They create a feeling that the citizens are no
mere spectators but active participants in
the realization of national goals.
 They are ideal in nature and lead the citizen
in the right direction.
 INDIAN POLITY

 They help the courts in examining and

determining the constitutional validity of a
law.
 For instance, in 1992, the Supreme
Court ruled that in determining the
constitutionality of any law, if a court finds that
the law in question seeks to give effect to a
fundamental duty, it may consider such law to
be ‘reasonable’ in relation to Article 14
(equality before law) or Article 19 (six
freedoms) and thus save such law from
unconstitutionality.
 The importance of fundamental duties is that
they define the moral obligations of all
citizens to help in the promotion of the
spirit of patriotism and to uphold the unity
of India.
 Fundamental duties make citizen conscious
of his social and citizenship
responsibilities and so shape the society in
which all become solicitous and considerate of
the inalienable rights of our fellow citizens

Supreme Court (1992) ruled:

 In determining the constitutional validity of any
law, if law in question seeks to give effect to
FDs, it may consider such law to be
‘reasonable’ in relation to Art. 14 or Art. 19 and
thus saving such law from unconstitutionality.
 State can make laws to prevent violation of
duties.
 Duties cannot be imposed by writs.

Verma Committee (1999)

 The committee was setup in 1999.
 The Verma Committee (1999) identified the
existence of following legal provision for
enforcement of Fundamental Duties:
 Prevention of insults to National Honour Act
(1971)
 Protection of Civil Right Act (1955)
 Representation of people Act (1951)
 Wildlife Protection Act (1972) and Forest
Conservation Act (1980)

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