Directive Principles of State Policy :

taken from the Irish constitution and enumerated in Part IV (A36 to A51)of the Indian Constitution
These principles aim at ensuring socioeconomic justice to the people and establishing India as a Welfare State
Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center
as well as states. Though these principles are non-justiciable, they are fundamental in the governance of the
country.
The concept behind the DPSP is to create a ‘Welfare State’. In other words, the motive behind the inclusion of
DPSP is not establishing political democracy rather, it’s about establishing social and economic democracy in
the state. These are some basic principles or instructions or guidelines for the government while formulating
laws/policies of the country and in executing them.According to Dr B R Ambedkar, these principles are ‘novel
features’ of the Constitution. DPSP acts as a guideline for the state and should be taken into consideration
while coming up with some new policy or any law. But no one can compel the State to consider and follow all
that which is mentioned in DPSP, as DPSP is not justiciable.

Features : of DPSP:DPSP are not enforceable in a court of law.They were made non-justifiable considering that
the State may not have enough resources to implement all of them or it may even come up with some better
and progressive laws.It consists of all the ideals which the State should follow and keep in mind while
formulating policies and enacting laws for the country.The DPSPs are like a collection of instructions and
directions, which were issued under the Government of India Act, 1935, to the Governors of the colonies of
India.It constitutes a very comprehensive economic, social and political guidelines or principles and tips for a
modern democratic State that aimed towards inculcating the ideals of justice, liberty, equality and fraternity
as given in the preamble. The Preamble consists of all the objectives that needs to be achieved through the
Constitution.Adding DPSP was all about creating a “welfare state” which works for the individuals of the
country which was absent during the colonial era.
To usher in social and economic democracyMoral obligation for the state to implement these provisionsWhy
it was made non-justiciable?Country did not possess sufficient financial powers to implement them
allDiversity could stand in the way of their implementationThe newly independent state should be free to
decide their implementation as the per the state of society rather than a blanket imposition by constituent
assembly

Classification of Principles: The Directive Principles are classified on the basis of their ideological source and
objectives. These are Directives based on:Socialist PrinciplesGandhian PrinciplesLiberal and Intellectual
PrinciplesDirectives based on Socialist PrinciplesArticle 38: The State shall strive to promote the welfare of
the people by securing and protecting a social order by ensuring social, economic and political justice and by
minimising inequalities in income, status, facilities and opportunitiesArticles 39: The State shall in particular,
direct its policies towards securing:Right to an adequate means of livelihood to all the citizens.The ownership
and control of material resources shall be organised in a manner to serve the common good.The State shall
avoid concentration of wealth in a few hands.Equal pay for equal work for both men and women.The
protection of the strength and health of the workers.Childhood and youth shall not be exploited.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: The State shall make provisions for securing just and humane conditions of work
and for maternity relief.Article 43: The State shall endeavour to secure to all workers a living wage and a
decent standard of life.Article 43A: The State shall 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.Directives based on Gandhian PrinciplesArticle 40: The State shall take steps to
organise village panchayats as units of Self GovernmentArticle 43: The State shall endeavour 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: The State shall promote educational and economic interests of the weaker sections of the
people particularly that of the Scheduled Castes (SCs), Scheduled Tribes (STs) and other weaker
sections.Article 47: The State shall take steps to improve public health and 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.Directives based on Liberal-Intellectual
PrinciplesArticle 44: The State shall endeavour to secure for the 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: The State shall protect every monument or place of artistic or historic
interest.Article 50: The State shall take steps to separate judiciary from the executive in the public services of
the State.Article 51: It declares that to establish international peace and security the State shall endeavour
to:Maintain just and honourable relations with the nations.Foster respect for international law and treaty
obligations.Encourage settlement of international disputes by arbitration.Amendments in DPSP:42nd
Constitutional Amendment, 1976: It introduced certain changes in the part-IV of the Constitution by adding
new directives:Article 39A: To provide free legal aid to the poor.Article 43A: Participation of workers in
management of Industries.K1MArticle 48A: To protect and improve the environment.
Fundamental Rights Vs DPSP:Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it
protects the rights of a citizen and work at a macro level.DPSP consists of all the ideals which the State should
follow and keep in mind while formulating policies and enacting laws for the country.Directive Principles are
affirmative directions on the other hand, Fundamental Rights are negative or prohibitive in nature because
they put limitations on the State.The DPSP is not enforceable by law; it is non-justiciable.It is important to
note that DPSP and FRs go hand in hand.DPSP is not subordinate to Frs.
The conflict between FR and DPSP arises primarily because of justiciablity of one and the lack of the same.
The Supreme Court’s jurisprudence has developed in the following ways:Champakam Dorairajan case:
Fundamental Rights would prevail over the DPSP in case of conflict between the two. However, legislature can
amend FR to give effect to DPSPGolaknath case: FR are sacrosanct in nature and cannot be amended for
implementation of DPSPKeshavanda Bharati case: Article 31C providing blanket immunity for those laws
giving effect to DPSP was deemed null and void.Minerva Mills case: Constitution is founded on the bedrock of
balance between FR and DPSPThe present position is that FR enjoys supremacy over the DPSP. Yet, this does
not mean that DPSP cannot be implemented
(Conflicts Between Fundamental Rights and DPSP: Associated CasesChampakam 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.It declared that the Directive Principles have to
conform to and run as subsidiary to the Fundamental Rights.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’.Kesavananda Bharati v the State of Kerala (1973): In this case, the Supreme 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”.Thus, the Right to Property (Article 31) was eliminated from the list of
Fundamental Rights.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.)
Fundamental RightsDPSPNegative since they prohibit the state from doing certain thingsPositive since they
compel states to take actionsJusticiable in natureNon-justiciable in natureAim: establishing political
democracyAim: economic and social democracyLegal sanctionsMoral and political sanctionsDo not require
legislation for their implementationRequires legislation for their implementationCourts are bound to declare
a law as invalid if they violate FRSCourts cannot declare a law invalid if they violate FRds
Writs : A 32 / A 226
The judiciary in India is vital to democracy because it not only prevents government officials from
misusing their powers but also safeguards the rights of citizens and guards the Indian Constitution. As a
result, India’s Constitution envisions a powerful, independent, and well-organised judiciary.
Articles 32 and Article 226 provide the Supreme Court and the High Courts the authority to bring a
lawsuit against a government entity if any citizen’s rights and freedoms are violated. The High Court has
broad powers to issue orders and writs to any person or authority under Article 226 of the Indian
Constitution. Before a writ or an order may be issued, the party who is petitioning the court must prove that
he has a right that is being violated or endangered illegally. If the cause of action partly arises within its
jurisdiction, the High Court can issue writs and directives to any Government, authority, or person even if
they are located beyond its jurisdiction.
Writs are 'written orders issued by the Supreme Court of India to provide constitutional remedies to protect
the fundamental rights of citizens from a violation'
Against whom : Generally, fundamental rights are enforceable against the ‘State‘ and the term ‘State‘ has
been defined in Article 12. Therefore, authorities falling within the scope of Article 12 are amenable to the
writ jurisdiction of the Supreme Court. Apart from that, there are certain fundamental rights like those
mentioned in Articles 17, 23, and 24 which are also available against private individuals. In such cases, the
writ can be issued to private individuals as well. [People’s Union of Democratic Rights v. Union of India]
Types :
Habeas Corpus
The term Habeas Corpus in Latin means ‘to have the body of’.By issuing this writ, the Court orders the
concerned person or authority who has detained another person to produce the body of the detained person
or prisoner before the court.This writ aims to review the alleged unlawful detention of a person or an
authority.When the detained person is produced in front of the court, the latter examines the causes and
legality of his detention. If the court concludes that the detention was unlawful or illegal, the detained person
is set free immediately.
 INTER-STATE TRADE & COMMERCE
301 Trade, commerce, intercourse throughout the country shall be free.
This freedom is applicable to both inter-state and intra-state trade, commerce.
302 Provides for restrictions:
Parliament can impose restrictions on the above freedom in public interest.
Parliament cannot discriminate between states except in the case of scarcity of goods in any part of India.
303 State legislatures can impose restrictions within that state in public interest.
For such a bill previous sanction of the President is required.
States cannot discriminate between states.
304 States can impose any tax on goods imported from another state or UT if similar goods are manufactured
in that state.
305 The freedom (under Art.301) is subject to nationalization laws.
Parliament or state law can provide a monopoly in favor of the Centre or State. Such laws can exclude
citizens or others completely or partially from carrying such trade.
Appropriate Authority is Parliament can appoint an appropriate authority for carrying out the
purposes of the above provisions relating to the freedom of trade, commerce and intercourse and
restrictions on it.

FINANCE COMMISSION
• Under Article 280, Part-XII.
• Appointment: By Presidential order.
• Composition: Chairman + 4 other members.
• Qualification: Determined by Parliament.
• Parliament has specified:
• Chairman: should be a person having experience in public affairs.
• Judge of HC or one qualified to be appointed as one.
• Person having specialized knowledge of finance & accounts of the government.
• Person who has experience in financial matters & administration.
• Person who has special knowledge of economics.
• Tenure:
• Constituted by the president of India every fifth year or at such earlier time as he
considers necessary.
• Hold office for such a period as specified by the president in his order.
• Eligible for reappointment.
• Other Aspects:
• Recommendations of FC are advisory in nature.
• Balancing wheel of fiscal federalism.
• FC is a quasi-judicial body.
• Commission submits its report to President. He lays it before both the Houses of Parliament.