Friday, June 8, 2018

LECTURE NOTES – DIRECTIVE PRINCIPLES 1



Article 36 to 51 of the Constitution of India embodies the Directive Principles of State policy and for these we are indebted to the Constitution of Ireland. The objective is to establish a social and economic democracy in India.

Article 37 reveals that:

1. The Directive Principles are not justiciable

2. They are Fundamental to the governance of the country

3. It shall be the duty of the State to apply these Directive Principles while formulating policies or making laws for the governance of the State
Classification of DPs

1. Socialist Principles

Article 38 – the state shall endeavour to formulate such social system which will secure social, economic and political justice to all in all the spheres of life. Article 39(a) - the state shall try to formulate its policy in such a manner so as to secure adequate means of livelihood for all its citizens.

Article 39(b) - the ownership of material resources would be controlled in such a manner so as to sub- serve the common good.


Article 39(c) - the economy of the state will be administered in such a manner so that wealth may not yet be concentrated in a few hands and the means of production may not be used against the public interest.


Article 41 - the State will work within the limits of its economic viability and progress, provide to the citizens the right to work, the right to education and general assistance in the event of unemployment, old age, disease and other disabilities.

Article 42 - the state will make provisions for the creation of just and humane conditions of work.


 It will also ensure maternity relief. Article 43 - the state will ensure adequate wages, good life and rest to the labourers. The state will also endeavour to make available to the labourers various socio-cultural facilities.

2. Liberal Principles

Article 44 - The State shall endeavour to formulate and implement a Uniform Civil Code for all the people living throughout the territory of India.

Article 45 - the State shall endeavour to provide early childhood care and education for all the children until they complete the age of six years.

Article 47 - the State shall strive to raise the level of nutrition and the standard of living. Thus, it will endeavour to improve upon the health of the people.


Article 48 - the State shall strive to organise agriculture and husbandry on modern and scientific lines. It will also try to maintain and improve upon the breed of the animals. Article 50 - the state will try to separate the judiciary from the executive in the case of public service.


Gandhian Principles

Article 4 - the State will strive to organise Panchayats in villages and will endow them with such powers which enable them to act as units of self government.


Article 43 - the state shall strive to develop the cottage industry in the rural areas both, on individual or cooperative basis.


 Article 47 - the state will strive to ban the consumption of wine, other intoxicating drinks and all such commodities which are considered injurious to health. Article 48 suggests that the State will ban slaughtering of cows, calves and other milch cattle.

4. International principles

Article 51(a)- The State will strive to promote international peace and security.


Article 51(b)- The State will strive to maintain just and honourable relations among various states in the world.


Article 51(c)- The State will endeavour to promote respect for International treaties, agreements, and law.


Article 51(f)- The State will strive to settle international disputes by arbitration.
‘Fundamentalization’ of Directive Principles

The Supreme Court has, in a number of judgments, referred to the importance of the Directive Principles. It has called these principles the “conscience” and the “core” of the Constitution. These principles are the “goals” to be achieved by Part III of the Constitution.


They are intended to ensure “distributive justice” for removal of inequalities and disabilities and to achieve a fair division of wealth amongst the members of the society. The Supreme Court held that the courts can look at the Directive Principles for the purpose of interpretation of the fundamental rights.


The courts will adopt that interpretation which makes the fundamental rights meaningful and efficacious.

The courts have to make every attempt to reconcile the fundamental rights with the Directive Principles remembering that the reason why the Directive Principles were left by the founding fathers as non- enforceable was to give the Government sufficient latitude to implement them.

Directives contained in other parts (Important)

Besides the directives contained in Part IV, there are certain other directives addressed to the state in other part of the Constitution. These directives are also non-judicial. There are:

1. Article 350 A enjoins every state and every local authority within the state to provide adequate facilities for instruction in the mother tongue at the belonging to linguistic minority groups.


2. Article 351 enjoins the union to promote the spread of Hindi and to develop it so that it may serve as a medium of expression of all the elements of the composite culture of India.

3. Article 335 enjoins that the claims of the members of the Scheduled Castes and 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.
Though the Directives contained in Article 335, 305A and 351 are not included in Part IV, courts have given similar attention to them on the application of the principle that all part of the Constitution should be read together.


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