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TNPSC 2024 GROUP IV

POLITY NOTES
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TNPSC Group IV – Directive Principles of State Policy Paid Notes

Directive Principles of State Policy .................................................................... 2

Introduction............................................................................................. 3
Directive Principles .................................................................................... 3
Significance ............................................................................................ 4
What do Directive Principles symbolize? .......................................................... 4
What does ‘State’ mean in the phrase “Directive Principles of State Policy”? ................ 4
Why are these principles called Directive Principles? ........................................... 5
Enforcement of the Directives ....................................................................... 6
Supreme Court’s stand ............................................................................... 6
Directive Principles .................................................................................... 7
1. Article 38: ......................................................................................... 7
2. Article 39 .......................................................................................... 8
3. Article 39 A ....................................................................................... 8
4. Article 40 .......................................................................................... 9
5. Article 41 .......................................................................................... 9
6. Article 42 .......................................................................................... 9
7. Article 43 ........................................................................................ 10
8. Article 43A ...................................................................................... 10
9. Article 44 ........................................................................................ 10
10. Article 45 ...................................................................................... 11
11. Article 46 ...................................................................................... 11
12. Article 47 ...................................................................................... 12
13. Article 48 ...................................................................................... 12
14. Article 48 A.................................................................................... 12
15. Article 48 B.................................................................................... 13
16. Article 49 ...................................................................................... 14
17. Article 50 ...................................................................................... 14
18. Article 51 ...................................................................................... 14
Challenges of Implementation ..................................................................... 15
Criticism of Directive Principles ................................................................... 15
Utility and importance of Directive Principles ................................................... 15
Fundamental Rights and Directive Principles ................................................... 17
The Conflict between the two Provisions ........................................................ 18
Abolition of Zamindari .............................................................................. 18
Champakam Dorairajan case 1951 ............................................................... 18
Golaknath case (1967) .......................................................................... 18
24th and 25th Amendment Act (1971) ........................................................... 19
Kesavananda Bharati case (1973)................................................................ 19

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

42nd Amendment Act (1976) ...................................................................... 19

Minerva Mills case: This case reflects the Present Position .................................. 19
Relationship between FRs and DPSPs ....................................................... 20

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

Directive Principles of State Policy

Introduction
• India at the time of Independence faced many challenges.
• Bringing in Equality and the well-being of all citizens was one of the
challenges.
• The Indian Constitution provided an administrative framework to
solve these challenges.
• The Constitution aims to establish not only political democracy but
also socioeconomic justice for the people to establish a welfare
state.
• Toward this goal, an element of philosophy and guidelines were
included.
• The list of these guidelines is called the Directive Principles of State
Policy.
• The idea of Directive Principles of State Policy has been taken from
the Irish Republic.
• The Directive Principles of State Policy are enumerated in Part IV of
the Constitution from Articles 36 to 51.

Directive Principles
• Directive Principles of State Policy are fundamental in the
governance of the country.
• They are directives to the future governments to incorporate them
in the decisions and policies to be formulated by them.
• They give an idea of the vision of makers of the Indian Constitution.
• The chapter on Directive Principles lists mainly three things:
a. the goals and objectives that a society should adopt
b. certain rights that individuals should enjoy apart from the
Fundamental Rights
c. certain policies that the government should adopt
• They were incorporated to provide economic justice and to avoid
concentration of wealth in the hands of a few people.
• The Directive Principles resemble the ‘Instrument of
Instructions’ enumerated in the Government of India Act of 1935.

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

Significance
• Dr B R Ambedkar described these principles as ‘novel features’ of
the Indian Constitution.
• The Directive Principles along with the Fundamental Rights contain
thephilosophy and the soul of the Constitution.
• Granville Austin described the Directive Principles and the
Fundamental Rights as the ‘Conscience of the Constitution’.

What do Directive Principles symbolize?

• It denotes the ideals that the State should keep in mind while
formulating policies and enacting laws.
• They are the constitutional instructions or recommendations to the
State in legislative, executive and administrative matters.
• They aim at realizing the high ideals of justice, liberty, equality and
fraternity as outlined in the Preamble to the Constitution.
• They embody the concept of a ‘welfare state’ which seeks to
establish economic and social democracy in the country.
• They facilitate stability and continuity in domestic and foreign
policies in
political, economic and social spheres in spite of the changes of the
party
in power.
• They are supplementary to the fundamental rights of the citizens.
• They are intended to fill in the vacuum in Part III by providing for
social and economic rights.
• They enable the opposition to exercise influence and control over
the operations of the government.
• The Opposition can blame the ruling party on the ground that its
activities are opposed to the Directives.
• They serve as common political manifesto. ‘A ruling party,
irrespective of
its political ideology, has to recognise the fact that these principles
are
intended to be its guide, philosopher and friend in its legislative and
executive acts.

What does ‘State’ mean in the phrase “Directive Principles

of State Policy”?

• According to Article 36, the term ‘State’ in Part IV has the same
meaning as mentioned in Article 12 of the Constitution.

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• It includes the legislative and executive organs of the central and

state governments, all local authorities and all other public
authorities in the country.

Why are these principles called Directive Principles?

• Article 37 says that

a. these principles are fundamental in the governance of the country
and
b. it shall be the duty of the State to apply these principles in making
laws.
• They are not legally enforceable by the courts for their violation.
• The government cannot be compelled to implement them.
• However, they help the courts in examining and determining the
constitutional validity of a law.

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Enforcement of the Directives

• These guidelines are ‘non-justiciable’ i.e.cannot be enforced by

the judiciary.
• However, they impose a moral obligation on the state authorities for
their application.
• The Constitution makers believed in an awakened public opinion
rather than court procedures as the ultimate sanction for the
fulfillment of these principles.
• These guidelines carry moral force behind them as the people can
examine the policies and programs of the government in the light of
these directives.
• In the words of Dr B R Ambedkar
‘‘A government which rests on popular vote can hardly
ignore the Directive Principles while shaping its policy.’’
If any government ignores them, it will certainly have to
answer for that before the electorate during the election.’’
• The reasons for making them non-justifiable includes
a. Financial resources,
b. vast diversity and backwardness in the country and
c. the challenges of a newly born Independent State

Supreme Court’s stand

• According to SC, if a law seeks to give effect to a Directive Principle,
then such law may be considered to be reasonable about Article 14
or Article 19.
• Such laws will be saved from unconstitutionality.

There are three broad categories on the basis of their content and
direction.
1. Socialistic Principles
2. Gandhian Principles
3. Liberal–Intellectual Principles

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

Directive Principles

1. Article 38:
a. The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which
justice (social, economic and political) shall inform all the institutions of
the national life.
b. The State shall strive to
i.minimize the inequalities in income, and
ii.eliminate inequalities in status, facilities and opportunities,
iii.notonly amongst individuals but also amongst groups of people residing in
different areas or engaged in different vocations.
iv.The provision (b) was inserted by the 44th Amendment Act of 1978.

Steps taken by the Government

• Land reforms have been introduced and Jagirdari and Zamindari
systems have been abolished.
• Right to Property has been deleted from the chapter on Fundmental
Rights.

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• Ceiling has been placed on land and property to fix the limit of
person’s holdings.
• Subsidized public distribution schemes have been launched to help
the poor people.
• There has been rapid industrialisation and tremendous increase in
the agricultural production through Green Revolution.
• The privy purses of ex-princes have been abolished.

2. Article 39

The State shalldirect its policy towards securing that —

a. citizens, men and women equally, have the right to an adequate
means of livelihood
b. the ownership and control of the material resources of the
community are so distributed as best to sub serve the common good;
c. the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
d. there is equal pay for equal work for both men and women;
e. the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or strength
f. children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment. (42nd Amendment Act of 1976).

Steps taken
• Equal Remuneration Act (1976) has been made to protect the
interests of women workers.
• The rules require that both men and women are paid equal wages
for equal work.
• National Commission for the Welfare of Women has been
established.

3. Article 39 A

a. The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and
b. Shall provide free legal aid by suitable legislation or schemes or in
any other way to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities (42nd
Amendment Act of 1976).

Steps taken

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• The Legal Services Authorities Act (1987) has established a

nationwide network
a. to provide free and competent legal aid to the poor and
b. to organize Lok Adalat to promote equal justice.
• National Legal Services Authority was established to oversee the
process of legal aid.

4. Article 40
• The State shall take steps to organize village panchayats and endow
them with such powers and authority as may be necessary to
enable them to function as units of self-government.

Steps taken
• Panchayati Raj has been given the constitutional status with more
powers.
• 73rd and 74th Amendments to the constitution have made the
development of Local governments compulsory

5. Article 41
• The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to
a. work,
b. education and
c. public assistance in cases of unemployment, old age, sickness and
disablement, and in other cases of undeserved want.

Steps taken

• MNREGA Act 2005 provides for work on demand by the rural

people.

6. Article 42

• The State shall make provision for securing just and humane
conditions of work and for maternity relief.

Steps taken

• The Maternity Benefit Act 2017 have been made to protect the
interests of women workers.

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

7. Article 43

• The State shall endeavor to secure to all workers

a. a living wage,
b. conditions of work ensuring a decent standard of life and
c. full enjoyment of leisure and
d. social and cultural opportunities and
e. in particular, the State shall endeavor to promote cottage industries
on an individual or co-operative basis in rural areas.

Steps taken

• Small scale and village industries and Khadi Gram Udyog have been
encouraged to bring prosperity to the rural areas.

8. Article 43A

• The State shall take steps, by suitable legislation or in any other

way, to secure the participation of workers in the management of
undertakings, establishments or other organizations engaged in any
industry. (42nd Amendment Act of 1976)

9. Article 44

• The State shall endeavor to secure for the citizens a uniform civil
code throughout the territory of India.

Steps taken

• Hindu Succession Amendment Act (2005) gives a share for

daughters in ancestral property.
• Juvenile Justice Act 2000 grants the right of adoption equally to
people of all religions.

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10. Article 45

• The State shall endeavor to provide, within ten years from the
commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen
years.
• The 86th Amendment Act of 2002 changed the subject matter of
Article 45and made elementary education (6-14 years) a
fundamental right under Article 21 A.
• The amended directive requires the State to provide early childhood
care and education for all children until they complete the age of six
years.

11. Article 46

• The State shall promote with special care

a. The educational and economic interests of the weaker sections of
the people, and,
b. in particular, of the Scheduled Castes and the Scheduled Tribes and
shall protect them from social injustice and all forms of exploitation.

Steps taken

• Untouchability has been abolished.

• Sincere efforts have been made for the upliftment of the SCs, STs
and of other Backward Classes.
• Seats are reserved for SCs, STs and other weaker sections in
educational institutions, government services and representative
bodies.
• Protection of Civil Rights Act in 1976 and the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, have been
enacted to protect the SCs and STs from social injustice and
exploitation.
• National Commission for Schedule Castes and National Commission
for Schedule Tribes.
• National Commission for Backward Classes was recently accorded
the status of a Constitutional body.
• National Commission for Minorities (1993),
• National Commission for Women (1992) and
• National Commission for Protection of Child Rights (2007) have
been setup.

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

• National Commission for Backward Classes

12. Article 47

• The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health
as among its primary duties and
• In particular, the State shall endeavor to bring about prohibition of
the consumption except for medicinal purposes of intoxicating
drinks and of drugs which are injurious to health.

Steps taken

• Primary health centres and hospitals have been established

throughout the country to improve the public health. Also, special
programmes have been launched to eradicate widespread diseases.
• National Rural and Urban Health Mission
• Prohibition policy in Bihar and Kerala

13. Article 48

• The State shall endeavor to organise agriculture and animal

husbandry on modern and scientific lines and
• shall, in particular, take steps for preserving and improving the
breeds, and prohibiting the slaughter of cows and calves and other
milch and draught cattle.

Steps taken

• Laws to prohibit the slaughter of cows, calves, and bullocks have

been enacted in some states.
• Agriculture has been modernised by providing improved agricultural
inputs, seeds, fertilisers and irrigation facilities.
• Various steps have also been taken to organise animal husbandry
on modern and scientific lines.

14. Article 48 A

• The State shall endeavor to protect and improve the environment

and to safeguard the forests and wildlife of the country. (42nd
Amendment Act of 1976)

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Steps taken

• The Wildlife (Protection) Act, 1972 and the Forest (Conservation)

Act, 1980, have been enacted to safeguard the wildlife and the
forests respectively.
• Water and Air Acts have provided for the establishment of the
Central and State Pollution Control Boards for the protection and
improvement of environment.
• The National Forest Policy (1988) aims at the protection,
conservation and development of forests.

15. Article 48 B

• 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).

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16. Article 49

• It shall be the obligation of the State to protect every monument or

place or object of artistic or historic interest to be of national
importance.

Steps Taken
• The Ancient and Historical Monument and Archaeological Sites and
Remains Act (1951) has been enacted to protect the monuments,
places and objects of national importance.
• PRASAD – Pilgrimage Rejuvenation and Spiritualty Augmentation
Drive - by Ministry of Tourism
• HRIDAY scheme – Heritage City Development and Augmentation
Yojana

17. Article 50

• The State shall take steps to separate the judiciaryfrom the

executive in the public services of the State.

Steps taken

• The Criminal Procedure Code (1973) separated the judiciary from

the executive in the public services of the state.
• National Judicial Appointments Commission Act was abolished by
the Judiciary as it aimed at involving the Executive in judicial
appointments.

18. Article 51

• The State shall endeavor to—

a. promote international peace and security;
b. maintain just and honorable relations betweennations;
c. foster respect for international law and treatyobligations
in the dealings of organized peoples withone another
d. encourage settlement of international disputesby
arbitration.

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Steps taken
• India has been actively co-operating with the U.N. to promote
international peace and security.
• India has been following the policy of non-alignment and
Panchsheel to promote international peace and security.
• India has always been supporting for global peace initiatives like
Multilateralism based World order, Disarmament, Vasudaiva
kutumbam (World is one Family), issues of 3 World Countries.
rd

• India is the largest contributor to UN Peacekeeping forces.

Challenges of Implementation

• There are many hindrances in the non-implementation of Directive

Principles of State Policy.
• The main reasons are –
a. lack of political will on the part of the states
b. lack of awareness and organized action on the part of
the people
c. limited material resources

Criticism of Directive Principles

• The Directives have been criticised mainly because of their non-

justiciable character.
• They are high sounding promises and holy wishes having no legal
sanction behind them.
• The practical aspect of implementation has not been considered.
• Non-implementation of DPSPs can create a constitutional conflict
between various offices and organs of the state.
• K Santhanam has pointed out that it leads to a constitutional
conflict
a. between the Centre and the states,
b. between the President and the Prime Minister, and
c. between the governor and the chief minister.

Utility and importance of Directive Principles

Despite the criticisms, the Directive Principles have a significant value in

Indian Constitution and political life:

1. They act like a polestar that provide direction. In this regard, they are

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TNPSC Group IV – Directive Principles of State Policy Paid Notes

held on the same moral high ground as the preamble of the Indian
Constitution.

2. Any government cannot afford to ignore these instructions as they are

the mirror of the public opinion and also reflect the basic spirit of the
Preamble of our Constitution. The people with their opinion will never let
the ruling party to acquire power again if it fails to adhere to these
guiding principles.

3. They persuade the government to provide social and economic justice

in all spheres of life, keeping in view its limited material resources.

4. According to L M Singhvi, ‘the Directives are the life giving provisions

of the Constitution. They constitute the stuff of the Constitution and its
philosophy of social justice’.

5. Dr B R Ambedkarhad pointed out that the Directives have great value

because they lay down that the goal of Indian polity is ‘economic
democracy’ as distinguished from ‘political democracy’.

6. Granville Austin opined that the Directive Principles are ‘aimed at

furthering the goals of the social revolution or to foster this revolution by
establishing the conditions necessary for its achivement’.

8. Sir B N Rau, the constitutional advisor to the Constituent Assembly,

stated that the Directive Principles are intended as ‘moral precepts for the
authorities of the state. They have at least an educative value.’

9. According to M C Setalvad, the former Attorney General of India, the

Directive Principle sare significant and useful in the following ways:
1. They are like an ‘Instrument of Instructions’ or general
recommendations
addressed to all authorities in the Indian Union. They form the
dominating background to all State action.
2. They remind them of the basic principles of the new social and
economic order, which the Constitution aims at building.
3. They have served as useful beacon-lights to the courts. They
have helped
the courts in exercising their power of judicial review.
4. They amplify the Preamble.

10. Their implementation creates a favorable atmosphere for the full and
proper enjoyment of the fundamental rights by the citizens. Political
democracy, without economic democracy, has no meaning.

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Fundamental Rights and Directive Principles

• Thus, our Constitution aims to bring about a synthesis between

Fundamental Rights and Directive Principles of state policy.
Together, they form the core of the Constitution.

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The Conflict between the two Provisions

• The justiciability of Fundamental Rights and non-justiciability of

Directive Principles on the one hand and the moral obligation of
State to implement Directive Principles (Article 37) on the other
hand have led to a conflict between the two since the
commencement of the Constitution.
• A long legal battle had been in existence between FRs and DPSPs.
• The executive and the judiciary took different positions.
Government saw rights as a hindrance to welfare of the people. The
judiciary regarded Fundamental Rights as important and sacred.

Abolition of Zamindari

• This problem arose when the government sought to pass laws to

abolish zamindari system.
• These measures were opposed on the ground that they violated
right to property.

Champakam Dorairajan case 1951

• 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.
• As a result, the Parliament made the First Amendment Act (1951),
the Fourth Amendment Act (1955) and the Seventeenth
Amendment Act (1964) to implement some of the Directives.

Golaknath case (1967)

• Supreme Court ruled that the Parliament cannot take away or

abridge any of the Fundamental Rights.
• Fundamental Rights cannot be amended for the implementation of
the Directive Principles.

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24th 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 inserted a new Article 31C two provisions:
1. No law that seeks to implement the socialistic Directive Principles
specified in Article 39 (b) and (c) shall be void on the ground of
contravention of the Fundamental Rights conferred by Article 14,
Article 19 or Article 31.
2. No law containing a declaration 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 case (1973)

• Supreme Court 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.
• The first provision of Article 31C was held to be constitutional and
valid.

42nd Amendment Act (1976)

• 42nd Amendment Act (1976) extended the scope of Article 31C by

including within its protection any law to implement any of the
Directive Principles and not merely those specified in Article 39 (b)
and (c).
• 42nd Amendment Act accorded the position of legal primacy and
supremacy to the Directive Principles over the Fundamental Rights
conferred by Articles 14, 19 and 31.

Minerva Mills case: This case reflects the Present

Position

• This extension was declared as unconstitutional and invalid by the

Supreme Court
in the Minerva Mills case(1980).
• Directive Principles were once again made subordinate to the
Fundamental Rights.

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• But the Fundamental Rights conferred by Article 14 and Article 19

were accepted as subordinate to the Directive Principles specified in
Article 39 (b) and (c).

Relationship between FRs and DPSPs

• In the Minerva Mills case (1980), the Supreme Court also held that:

a. Indian Constitution is founded on the bedrock of the balance

between the Fundamental Rights and the Directive Principles.
b. They together constitute the core of commitment to social
revolution.
c. To give absolute primacy to one over the other is to disturb the
harmony of the Constitution.
d. This harmony and balance between the two is an essential
feature of the basic structure of the Constitution.
e. The goals set out by the Directive Principles have to be achieved
without the abrogation of the means provided by the Fundamental Rights.

• Fundamental Rights enjoy supremacy over the Directive Principles,

but the Directive Principles can be implemented.
• The Parliament can amend the Fundamental Rights to implement
the Directive Principles without any effect on the basic structure of
the Constitution.

Reference
• Lakshmikanth – Indian Polity
• NIOS
• Current Affairs- The Hindu

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