Introduction

Part IV of the Indian Constitution defines the Directive Principle of State Policy (DPSP).
Basically, the Directive Principles of State Policy have been borrowed from the Irish
Constitution. The Directive Principles of State Policy are guidelines to the State which has been
written in the Indian Constitution. But you can’t compel the State for their enforceability in a
Court of Law. While the Fundamental Right is enforceable in a court of law. Directive Principle
is a set of instructions that have to be followed by the lawmakers while making the policy for the
citizens.

Directive Principle of State Policy makes an obligation on the State to make good policies for the
betterment of the society so that it could develop the Socio-economic conditions of the citizens.

The underlying object behind the Directive

Principles
If the Union or State government made any law then it is the responsibility of the union or state
government to follow the guiding principle of the state policy. The Objective behind the Directive
Principles of State Policy is the welfare of the State. One of the important objectives behind the
Directive Principles of State Policy is to achieve the goal of welfare state. The aim of the
Directive Principle of State Policy is to improve the social and economic condition of the citizen
so that they can enjoy the good life. Directive Principle of State Policy acts as a check and
balance for the Government so that in the upcoming election a citizen of the country can cast their
vote according to the performance of the previous government.

The success and failure of the government can be judged by their Policies and Principles and if
the government fails to implement the Directive Principle in the State in a proper way, then they
can lose the upcoming election. That’s why the Directive Principle of State Policy makes an
obligation on the State that within the time period by implementing the principle, State can
achieve its goal.
Classification of the Directives

Social and Economic Charter

A social order based on justice

Article 38(1) of the Indian Constitution talks about the social order based on justice. Article 38(1)
says that it is the responsibility of the State to work for the welfare of the people. Social order
includes the law and order. It also includes the Public order and the security of the state. That’s
why it is the responsibility of the state to maintain public peace, public safety, public order.

The state has a legal duty as well as a constitutional mandate to maintain the security of citizens.

Principles of policy to be followed by the State for securing

economic justice

Article 39 of the Indian Constitution directs the State to follow the principles while making policy
for the Citizen.

 Men and Women will have an equal right in the means of livelihood.

 It is the responsibility of the State to distribute the ownership and control of the
material to the common people.

 It is the responsibility of the State to not discriminate on the basis of sex which means
men and women will get equal pay for equal work.

 The state has a responsibility to ensure the health of the children and workers.

 Article 39(b) also covers material resources. For the purpose of development,
construction of the house, for the purpose of providing public facilities like roads,
playgrounds, bridges, the government can acquire the land of the Private owners.

Social Security Charter

Equal justice and free legal aid to economically backward classes

Article 39A of the Indian Constitution says that it is the duty of the State to provide free legal aid
to all the citizen of the country. It is the responsibility of the State to make provisions and
schemes regarding free legal aid so that economically backward classes can take the benefit of
that. Legal Aid and Speedy trial is now a fundamental Right which comes under Article 21 of the
Indian Constitution. Even all the prisoners can enjoy this right.

Organization of Village Panchayats

Article 40 of the Indian Constitution talks about Panchayati Raj System. It is the responsibility of
the State to take all the steps for the establishment of the Panchayati Raj.

Panchayati Raj is the pillar of the Indian Political System. It is the oldest form of Local self-
government. Panchayati Raj election is the grassroots of Indian Democracy. All the members of
Panchayati Raj are elected by the democratic process. Panchayati Raj System has been inserted in
the Constitution by the 73rd Constitutional Amendment in 1973. Rajasthan was the first state to
adopt the Panchayati Raj System. The election of the Panchayati Raj System is conducted by the
State Election Commission. State Finance Commission Provides the funds for the betterment of
the Panchayati Raj system.

Panchayati Raj System has been inserted in the Indian Constitution by the 73rd Constitutional
Amendment in 1992.

On the recommendations of the Balwant Rai Committee, the Panchayati Raj System has been
divided into three tiers:

1. Village Panchayat;

2. Panchayat Samiti;

3. Zila Parishad.

Right to work, education and public assistance in certain cases

Article 41 of the Indian Constitution says that the State has a duty to provide employment,
education and to provide help to those who are unemployed, and those who can’t take care of
themselves like old age people.

Just and human conditions of work

Article 42 of the Indian constitution directs the State to develop the condition of humans and
provide maternity relief.

A living wage for workers

Article 43 refers to the living wages for the workers, which means that the state has a
responsibility to make a provision regarding the wages of the worker and wages should be as
such that he can maintain all the basic necessities like clothes, food, shelter.

Participation of workers in the management of Industries

Article 43 A of the Indian Constitution talks about the participation of workers in management of
industries. Article 43 A says that through the legislation, State has a responsibility to secure the
participation of workers.

Provision for early childhood care and education to children below

the age of six years

Article 45 of the Indian Constitution directs the state to make provision regarding free and
compulsory education to all children till the age of 14 years. The reason behind free education to
all the children is to eradicate the illiteracy rate.

In the case of Unni Krishnan v. the State of A.P, the Apex Court held that the Right to education,
up to the age of 14 years is a Fundamental Right and it will come under the purview of Article
21 that is Right to life and personal liberty. In the 86th Constitutional Amendment, a new Article
has been inserted that is Article 45 which says that the State shall provide childhood care and free
education to all children till the age of six years.
Promotion of educational and economic interest of weaker sections

Article 46 of the Indian Constitution grants the power to State to do promotion of the educational
and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of the
society. The state has also the responsibility to protect them from all forms of exploitation and
injustice from society.

Duty to raise the standard of living and improvement of health

Article 47 of the Indian Constitution makes an obligation on the State to improve the level of
nutrition and maintain the standard of living. It also makes an obligation on the State to improve
the condition of public health.

The state has the power to prohibit all intoxicating drinks and drugs which are injurious to health
except medical purposes.

Community Welfare Charter

Uniform Civil Code

Article 44 of the Indian Constitution states that it is the duty of the State to secure for the citizens
a Uniform Civil Code throughout the territory of India.

Basically, the Uniform Civil Code means a set of laws through which all the personal laws of the
different religions will come under one platform and governed by a single law. But currently, in
India, each religion has a separate personal law and they follow their personal law. Goa is the
only State to have a Uniform Civil Code.

Shah Bano Case

The first issue regarding the Uniform Civil Code arose in the case of the Shah Bano case. In the
case of Shah Bano’s case, her husband Ahmad khan divorced her and denied to give
maintenance. Shah Bano moved the Supreme Court for the maintenance under Section 125 of
Cr.PC.

The Supreme Court gave the judgment in favor of shah bano on the ground that Section 125 of
Cr.PC. is applied to all citizens of the country irrespective of their Religion. But, the Muslim
community was not ready to accept the judgment of the Supreme Court. Many protests were
organized by the protesters against the judgment of the Supreme Court. Protester’s contention
was that the Supreme Court doesn’t have any right to interfere in the personal laws.

After this case the Rajiv Government came up with a new law that is Muslim Women (Protection
of Right on Divorce) Act 1986, which nullified the judgement of the Supreme Court. The Act
states that in the Divorce matter the Personal law will prevail.

In the Act, it was also mentioned that in the Divorce matter Muslim men will have the right to
give maintenance only till the time of Iddat Period, that is 90 days from the Divorce. After that,
the liability of paying the maintenance will shift to the Waqf Board.

Sarla Mudgal Case

There was an NGO named Kalyani, and Sarla Mudgal was the President of the Kalyani NGO
who had fought for the Meena Mathur. Under the Hindu Personal Law, Meena Mathur was
married to Jitendar Mathur. As per Muslim Law, there is a provision that Muslim men can marry
as many as four wives during his lifetime. After that Jitendra Mathur Converted into Islam and
married another girl and that girl also converted into Islam.

Sarla Mudgal filed a case against the Jitendar Mathur. The contention from the advocate of
Jitendra Mathur was given that he has married under the Muslim law, which permits the second
marriage.

But the Supreme Court gave the Judgement in favor of Meena Mathur and held that Islamic Law
permits four marriage but conversion for the purpose of marriage is an abuse of Personal Laws.

Further Court clarified that Hindu marriage will be dissolved only under the Hindu Marriage Act.
In order to prevent such type of marriage Court also quoted that UCC should be implemented in
order to prevent similar types of matters.
 Click Above

Promotion of Co-operative Societies

Promotion of Co-Operative Societies has been added by the 97th Amendment 2011. The state has
a responsibility to promote Co-Operative Societies. Co-Operative societies include the
management, control, functions.

The organization of agriculture and animal husbandry

Article 48 of the Indian Constitution talks about the Organisation of agriculture and animal
husbandry. It is the responsibility of the State to organize agriculture and animal
husbandry. Article 48 also directs the State to prohibit the Slaughtering of cows and calves and
another dairy animal.

Protection and improvement of forests and wildlife

Article 48A of the Indian Constitution says that it is the responsibility of the state to take all the
necessary steps to protect the environment, forest, and wildlife animals. In the M.C Mehta case,
the Supreme Court has held that the State has a responsibility to take steps to improve the quality
of polluted water.

Protection of monuments and places and objects of

national importance

Article 49 of the Indian Constitution grants the power to the State to take care of and protect
monuments and historical places. State also has a responsibility to protect the Ancient and
historical monuments.

Separation of Judiciary from Executive

Article 50 of the Indian Constitution talks about the Separation of Judiciary from Executive.
Judiciary is an independent body. The guardian of the constitution is Judiciary. If the executive
will start working like judiciary then there will be a clash of power that’s why Article 50
separates the judiciary from the executive.

However, in some cases, judicial functions are performed by the executive.

Like in the Appointment of Judges they are appointed by the Executive.

However, in the matter of Pardoning and Reprieve Executive enjoys that Right.

Promotion of International Peace and security

Article 51 of the Indian Constitution talks about the Promotion of International Peace and
Security. It is the responsibility of the State to Promote peace and security with another country.

It is the responsibility of the State to maintain good relations with another country. Good relations
with another country help the State in many ways.

There are many international laws and treaties that were signed between the two State so it is the
obligation on State to Respect or obey all the treaties and International Law. It also says that if
any dispute arises between the two State then it is the responsibility of the State to settle the
dispute by Arbitration.

The relation between Directive Principles and

Fundamental Rights

Fundamental Right limits the power of the Government while making any law which means that
the Government doesn’t have any authority to make a law that is inconsistent with the
Fundamental Right. But the Directive Principle of State Policy are guidelines to state for
achieving certain goals. If your fundamental right has been violated then you can go to the court
by Article 32 but in violation of the Directive Principle of State policy, you can’t go to the court.
Nowadays, there are many debates that run that there is no use of Directive Principles of State
Policy in the State because it is not enforceable in the Court but in the current scenario, it plays
an important role for the betterment of the society.

You can read the Directive Principle of State Policy into the Fundamental Right. You can take the
example of the Right to education.

The Directive Principle of State Policy expands the ambit of the fundamental rights.

In the past, there are many judicial pronouncements that have been pronounced by the Apex
Court in which they draw the line between them.

Madras v. Champakam Dorairajan

In this case, the Apex Court held that the Directive Principle of State policy is the subsidiary to
the Fundamental Right because Fundamental Right is enforceable in a Court of law while the
Directive Principle of State Policy is not. Directive Principle of State Policy will run according to
the Fundamental Right.

Re Kerala Education Bill

In the case of Re Kerala education bill, the Supreme Court held that there is no conflict between
the Fundamental Right and Directive Principle of State Policy. Fundamental Right and Directive
Principle of State policy are Complementary and Supplementary to each other.

Further, the Court held that they are elastic and wide in nature so that in the future it can change
according to the needs of the Society. Supreme Court held that the Directive Principle of State
Policy is the Integrated scheme.

Minerva Mills Case

In Minerva Mills case, the Supreme Court observed that fundamental rights are not the end of the
path and end are specified in the Directive Principle of State Policy. Further, the Court explained
that you can’t give primacy to one. One has to give priority to both.
The harmony and balance between the Fundamental Rights and Directive Principle of State
Policy is an essential feature of the Constitution.

Ashok Kumar Thakur v. UOI

In this case, the Court held that you can’t make the distinction between the Set of Rights.
Fundamental Right has a different goals while Directive Principle of State Policy has a different
goals. Fundamental Right Represent the Civil and Political Right while the Directive Principle of
State Policy represents the Social and Political Right. Further, the Court explained that the
Directive Principle of State Policy is not enforceable in a court of law that doesn’t mean that
these are subordinate.

Directive Principles have given the status of

Fundamental Rights: A New Dimension

It is true that by the judicial pronouncements the court has given a new dimension to the
Directive Principles of State Policy. In some cases, the Directive Principle of State Policy
interpreted the concept of a fundamental right.

In the Unnikrishnan case, the Supreme Court changed the status of the Directive Principle into
the Fundamental Right. That’s why the status of Article 45 of the Indian Constitution has been
changed from the Directive Principle into the Fundamental Right. So that from the age of 6 to 14
years, it is the responsibility of the State to provide free and compulsory education to all children.
And it is enforceable in a Court of Law. There is another example that has taken the shape of a
Fundamental Right is Equal Pay for Equal Work. In the case of Randhir Singh, the Supreme
Court held that Equal pay for equal work is a Fundamental Right and it is enforceable in a Court
of Law.

In the case of M.H. Hoskot vs State of Madras the Supreme Court held that fair legal aid is an
integral part of a fair procedure of court and it is the duty of the government to provide free legal
aid. Free legal aid comes under Article 21 of Indian Constitution. While in the case of Hussainara
Khatun vs Home Secretary, State of Bihar, Supreme Court held that detention of under trial
prisoners is a violation of Article 21 and Right to a Speedy trial is a fundamental Right Speedy
trial is the Fundamental Right of the citizen which will come under Article 21 of the Indian
Constitution.

Difference between DPSP And Fundamental Rights

Fundamental Right Directive Principle of State Policy

1. Article 12 to 35 of Indian Constitution 1. Article 36 to 51 of Indian Constitution deals

deals with Fundamental Right. It is in with Directive Principle of State Policy. It
part III of the Indian Constitution. is in part IV of Indian Constitution.

2. They are negative in nature because they prohibit 2. They are positive in nature because it require the
the State from doing certain things. State to do certain things.

3. Fundamental Rights are enforceable in a Court of 3. Directive Principle aren’t enforceable in a court of
law. law.

4. Fundamental Rights promote the welfare of 4. Directive principle promote the welfare of the
Individual. Community.

5. For the implementation of Fundamental Right it 5. Directive Principle require legislation for the
doesn’t require any legislation. implementation.

DPSP and Amendment

If the Union Government thinks that there is a need to amend the Directive Principle or to add
something then Parliament has the power to amend or add something in the Directive Principle by
the Special Majority. There are many amendments which has been done by the Parliament.

42nd Amendment Act, 1976

In the 42nd Amendment 1976, the Parliament has made four Amendments in the Directive
Principle. Article 39 of the Indian Constitution Parliament has made an obligation on State to
secure a social order for the promotion of the welfare of the People.

After that Parliament has added a new Article that is Article 39A which says that it is the duty of
the State to provide equal justice to all and free legal aid. The 42nd Amendment Act Parliament
has added a new Article that is Article 48A which says that it is the duty of the state to Protect the
Environment and to improve the quality of water and air through all possible ways.

44the Amendment Act, 1978

The 44th Amendment of the Indian Constitution made an obligation on State to take all steps to
eradicate the inequalities in the income of the Individual and to give the facilities to the
Individual and the group of people who are residing in the different areas.

73rd Amendment Act, 1992

By the 73rd Constitutional Amendment, Parliament has added the Panchayat in Part IX of the
Indian Constitution which talks about the Organisation of Village Panchayat.

86th Amendment Act, 2002

By the 86th Constitutional Amendment, a new Article has been inserted in the Constitution that
is Article 21A which says that the Right to education is a Fundamental Right. It creates an
obligation on the State to provide free and compulsory education to all the children who belong to
8 to 14 years of age. If the state fails to do so then you can sue in a court of law.

97th Amendment Act, 2011

Article 43B was added in the Indian Constitution which is related to the co-operative societies. It
directs the State to take all the necessary steps to promote the voluntary formation, autonomous
functioning, democratic control and professional management of the co-operative societies
Judicial Pronouncement
Time to time there are many conflicts that arose regarding the supremacy of Fundamental Right
over the Directive Principle of State Policy.

The question was whether the Fundamental Right is superior to the Directive Principle of State
Policy or not? So through many judicial pronouncements, the Supreme Court has cleared their
stand on that.

State of Madras vs Champkam Doraijan ( AIR 1951 SC 226 )

In this case, the Supreme Court held that if a Parliament made a law which contravenes the
Fundamental Right then that law would be void but it will not apply to the Directive Principle of
State Policy. It shows that fundamental rights are on higher pedestal than Directive principles of
state policy. The subsidiary of Fundamental Right is the Directive Principle of State Policy.
Directive Principle will operate according to the fundamental Right.

In kerala education bill (1959 1 SCR 995)

In this case, the Supreme Court gave the new principles that is the Principle of Harmonious
Construction. In this case the Apex Court said that if there is any conflict between the
Fundamental Right and Directive Principle of State Policy then the Doctrine of Harmonious
Construction will apply. However if in case any conflict remains after applying the Principle of
Harmonious construction then the Fundamental Right will prevail over the Directive principles of
state policy.

Golaknath & Ors. v. State of Punjab (1967 AIR 1643)

In this case, the Supreme Court held that Parliament can’t amend the fundamental Right of the
Indian Constitution. Another significant issue in this case was whether Amendment is a “law”
under the meaning of Article 13(2). Article 39(b) and Article 39(c) come under the purview of
the Directive Principle of State Policy and in giving effect to these articles if that law
violates Article 14, 19 and 31 of Indian Constitution then that law can’t be declared as
Unconstitutional.
Keshvananda Bharti v. State of Kerala (1973) 4 SCC 225),

In this case, the Supreme Court placed the Directive Principle of State Policy on a higher Position
than the Fundamental Right. In the Minerva Mills case, there was a question that whether the
Directive Principle of State Policy has supremacy over that. Then, in this case, the Apex Court
has decided that the Doctrine of Harmonious Construction will apply.

Both are Complementary to each other and for the better function of the State, both should be
balanced.

Unnikrishna v. State of Andra Pradesh (1993 SCC (1) 645)

In this case, the Court was of the view that Fundamental Rights and Directive principles are not
exclusive to each other therefore they shouldnt be read in exclusion. The goal of the Directive
Principle of State Policy can be achieved only through the means of Fundamental Right.

Conclusion
You can’t deny the importance of the Directive Principle of State Policy. It plays an equivalent
role. You can’t abhor the Directive Principle just because it is not enforceable in a Court of Law
rather they are the guiding principle for the State. It is the responsibility of the State to apply
these principles while at the time of making laws. However, it is not enforceable in a court of law
but the Directive Principle of State Policy is the backbone of the Fundamental Right. The main
reason behind the Directive Principle is to strengthen the condition of the people. It is just like a
structure and policy through which the Government makes the law. Nowadays there are many
Directive Policy which are taking the shape of the fundamental right. India is a democratic
country and government change after every five years and every government makes new laws so
in that situation Directive Principles of State Policy plays a vital role because every government
has to follow these principles while making the laws for the Country.