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General
12. Definition of State
13. Laws inconsistent with or in derogation of the
Fundamental Rights
Right to Equality
14. Equality before law
15. Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth
16. Equality of opportunity in matters of public
employment
17. Abolition of untouchability
18. Abolition of titles
Right to Freedom
19. Protection of certain rights regarding freedom of
speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty
21A. Right to education
22. Protection against arrest and detention in certain
cases
Right against Exploitation
23. Prohibition of traffic in human beings and forced
labour
24. Prohibition of employment of children in factories,
etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession,
practice and propagation of religion
26. Freedom to manage religious affairs
27. Freedom as to payment of taxes for promotion of
any particular religion
28. Freedom as to attendance at religious instruction
or religious worship in certain educational
institutions.
Cultural and Educational Rights
29. Protection of interests of minorities
30. Right of minorities to establish and administer
educational institutions
Right to Property (Repealed)
31. Compulsory acquisition of property–(Repealed)
Saving of Certain Laws
31A. Saving of laws providing for acquisition of estates,
etc.
31B. Validation of certain Acts and Regulations
31C. Saving of laws giving effect to certain directive
principles
31D. Saving of laws in respect of anti-national activities–
(Repealed)
Right to Constitutional Remedies
32. Remedies for enforcement of rights conferred by
this part
32A. Constitutional validity of State laws not to be
considered in proceedings under Article 32–
(Repealed)
33. Power of Parliament to modify the rights conferred
by this part in their application to forces, etc.
34. Restriction on rights conferred by this part while
martial law is in force in any area
35. Legislation to give effect to the provisions of this
part
NOTES AND REFERENCES
1. ‘Magna Carta’ is the Charter of Rights issued by King John
of England in 1215 under pressure from the barons. This is
the first written document relating to the Fundamental Rights
of citizens.
2. Kesavananda Bharati vs. State of Kerala, (1973).
3. Dicey observe: “No man is above the law, but every man,
whatever be his rank or condition, is subject to the ordinary
law of the realm and amenable to the jurisdiction of the
ordinary tribunals. Every official from the Prime Minister
down to a constable or a collector of taxes, is under the
same responsibility for every act done without legal
justification as any other citizen”. (A.V. Dicey, Introduction to
the Study of the Law of the Constitution, Macmillan, 1931
Edition P. 183–191).
4. This second provision was added by the first Amendment
Act of 1951.
5. By virtue of Article 371D inserted by the 32nd Amendment
Act of 1973.
5a. Article 371D has been extended to the state of Telangana
by the Andhra Pradesh Reorganisation Act, 2014.
6. The first Backward Classes Commission was appointed in
1953 under the chairmanship of Kaka Kalelkar. It submitted
its report in 1955.
7. In 1963, the Supreme Court ruled that more than 50%
reservation of jobs in a single year would be
unconstitutional.
8. Indra Sawhney v. Union of India, (1992).
9. The Tamil Nadu Backward Classes, Scheduled Castes and
Scheduled Tribes (Reservation of seats in educational
institutions and of appointments or posts in the services
under the state) Act, 1994.
10. Balaji Raghavan v. Union of India, (1996).
10a. The provision for “co-operative societies” was made by the
97th Constitutional Amendment Act of 2011.
10b. Ibid.
11. A K Gopalan v. State of Madras, (1950).
12. Menaka Gandhi v. Union of India, (1978).
12a. The Constitution (Eighty-sixth amendment) Act, 2002 and
the Right of Children to Free and Compulsory Education
Act, 2009 have come into force w.e.f. 1 April 2010.
13. Originally known as the Suppression of Immoral Traffic in
Women and Girls Act, 1956.
14. In this clause, the reference to Hindus shall be construed as
including a reference to persons professing the Sikh, Jaina
and Buddhist religion and the reference to Hindu religious
institutions shall be construed accordingly (Article 25).
14a. Secretary of the Malankara Syrian Catholic College vs. T.
Jose (2007).
15. The second provision was added by the 15th Constitutional
Amendment Act of 1963.
16. Added by the 1st Constitutional Amendment Act of 1951
and amended by the 4th, 17th and 44th Amendments.
17. The expression ‘estate’ includes any jagir, inam, muafi or
other similar grant, any janmam right in Tamil Nadu and
Kerala and any land held for agricultural purposes.
18. Article 31B along with the Ninth Schedule was added by the
1st Constitutional Amendment Act of 1951.
18a. I.R. Coelho vs. State of Tamil Nadu (2007).
19. Kesavananda Bharati v. State of Kerala, (1973).
20. Though the last entry is numbered 284, the actual total
number is 282. This is because, the three entries (87, 92
and 130) have been deleted and one entry is numbered as
257A.
21. Article 39 (b) says–The State shall direct its policy towards
securing that the ownership and control of the material
resources of the community are so distributed as best to
subserve the common good.
22. Article 39 (c) says–The state shall direct its policy towards
securing that the operation of the economic system does
not result in the concentration of wealth and means of
production to the common detriment.
23. Kesavananda Bharati v. State of Kerala, (1973).
24. Minerva Mills v. Union of India, (1980).
25. Sir Ivor Jennings wrote: ‘A thread of nineteenth century
liberalism runs through it; there are consequences of the
political problems of Britain in it; there are relics of the bitter
experience in opposition to British rule; and there is
evidence of a desire to reform some of the social institutions
which time and circumstances have developed in India. The
result is a series of complex formulae, in twenty-four
8 Directive Principles of State Policy
T
he Directive Principles of State Policy are enumerated in
Part IV of the Constitution from Articles 36 to 511. The
framers of the Constitution borrowed this idea from the Irish
Constitution of 1937, which had copied it from the Spanish
Constitution. Dr. B.R. Ambedkar described these principles as
‘novel features’ of the Indian Constitution. The Directive Principles
along with the Fundamental Rights contain the philosophy of the
Constitution and is the soul of the Constitution. Granville Austin
has described the Directive Principles and the Fundamental
Rights as the ‘Conscience of the Constitution’2 .
FEATURES OF THE DIRECTIVE PRINCIPLES
1. The phrase ‘Directive Principles of State Policy’ denotes the
ideals that the State should keep in mind while formulating
policies and enacting laws. These are the constitutional
instructions or recommendations to the State in legislative,
executive and administrative matters. According to Article
36, the term ‘State’ in Part IV has the same meaning as in
Part III dealing with Fundamental Rights. Therefore, it
includes the legislative and executive organs of the central
and state governments, all local authorities and all other
public authorities in the country.
2. The Directive Principles resemble the ‘Instrument of
Instructions’ enumerated in the Government of India Act of
1935. In the words of Dr. B.R. Ambedkar, ‘the Directive
Principles are like the instrument of instructions, which were
issued to the Governor-General and to the Governors of the
colonies of India by the British Government under the
Government of India Act of 1935. What is called Directive
Principles is merely another name for the instrument of
instructions. The only difference is that they are instructions
to the legislature and the executive’.
3. The Directive Principles constitute a very comprehensive
economic, social and political programme for a modern
democratic State. They aim at realising 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’ and not that of a ‘police state’, which existed
during the colonial era3. In brief, they seek to establish
economic and social democracy in the country.
4. The Directive Principles are non-justiciable in nature, that is,
they are not legally enforceable by the courts for their
violation. Therefore, the government (Central, state and
local) cannot be compelled to implement them.
country and it shall be the duty of the State to apply these
principles in making laws.
5. The Directive Principles, though non-justiciable in nature,
help the courts in examining and determining the
constitutional validity of a law. The Supreme Court has ruled
many a times that in determining the constitutionality of any
law, if a court finds that the law in question seeks to give
effect to a Directive Principle, it may consider such law to be
‘reasonable’ in relation to Article 14 (equality before law) or
CLASSIFICATION OF THE DIRECTIVE PRINCIPLES
The Constitution does not contain any classification of Directive
Principles. However, on the basis of their content and direction,
they can be classified into three broad categories, viz, socialistic,
Gandhian and liberal-intellectual.
Socialistic Principles
These principles reflect the ideology of socialism. They lay down
the framework of a democratic socialist state, aim at providing
social and economic justice, and set the path towards welfare
state. They direct the state:
1. To promote the welfare of the people by securing a social
order permeated by justice–social, economic and politi-cal–
and to minimise inequalities in income, status, facilities and
opportuni-ties4 (Article 38).
2. To secure (a) the right to adequate means of livelihood for all
citizens; (b) the equitable distribution of material resources
of the community for the common good; (c) prevention of
concentration of wealth and means of production; (d) equal
pay for equal work for men and women; (e) preservation of
the health and strength of workers and children against
forcible abuse; and (f) opportunities for healthy development
of children5 (Article 39).
3. To promote equal justice and to provide free legal aid to the
poor6 (Article 39 A).
4. To secure the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and
disablement (Article 41).
5. To make provision for just and humane conditions of work
and maternity relief (Article 42).
6. To secure a living wage7 , a decent standard of life and
social and cultural opportunities for all workers (Article 43).
7. To take steps to secure the participation of workers in the
management of indus-tries8 (Article 43 A).
8. To raise the level of nutrition and the standard of living of
people and to improve public health (Article 47).
Gandhian Principles
These principles are based on Gandhian ideology. They represent
the programme of reconstruction enunciated by Gandhi during the
national movement. In order to fulfil the dreams of Gandhi, some
of his ideas were included as Directive Principles. They require
the State:
1. To organise village panchayats and endow them with
necessary powers and authority to enable them to function
as units of self-government (Article 40).
2. To promote cottage industries on an individual or co-
operation basis in rural areas (Article 43).
3. To promote voluntary formation, autonomous functioning,
democratic control and professional management of
cooperative societies8a (Article 43B).
4. To promote the educational and economic interests of SCs,
STs, and other weaker sections of the society and to protect
them from social injustice and exploitation (Article 46).
5. To prohibit the consumption of intoxicating drinks and drugs
which are injurious to health (Article 47).
6. To prohibit the slaughter of cows, calves and other milch and
draught cattle and to improve their breeds (Article 48).
Liberal-Intellectual Principles
The principles included in this category represent the ideology of
liberalism. They direct the state:
1. To secure for all citizens a uniform civil code throughout the
country (Article 44).
2. To provide early childhood care and education for all
children until they complete the age of six years9 (Article 45).
3. To organise agriculture and animal husbandry on modern
and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard
5. To protect monuments, places and objects of artistic or
historic interest which are declared to be of national
importance (Article 49).
6. To separate the judiciary from the executive in the public
services of the State (Article 50).
7. To promote international peace and security and maintain
just and honourable relations between nations; to foster
respect for international law and treaty obligations, and to
encourage settlement of international disputes by arbitration
NEW DIRECTIVE PRINCIPLES
The 42nd Amendment Act of 1976 added four new Directive
Principles to the original list. They require the State:
1. To secure opportunities for healthy development of children
(Article 39).
2. To promote equal justice and to provide free legal aid to the
poor (Article 39 A).
3. To take steps to secure the participation of workers in the
management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard
forests and wild life (Article 48 A).
The 44th Amendment Act of 1978 added one more Directive
Principle, which requires the State to minimise inequalities in
income, status, facilities and opportunities (Article 38).
The 86th Amendment Act of 2002 changed the subject-matter
of Article 45 and made elementary education 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.
The 97th Amendment Act of 2011 added a new Directive
Principle relating to cooperative societies. It requires the state to
promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies
(Article 43B).
SANCTION BEHIND DIRECTIVE PRINCIPLES
Sir B.N. Rau, the Constitutional Advisor to the Constituent
Assembly, recommended that the rights of an individual should be
divided into two categories–justiciable and non-justiciable, which
was accepted by the Drafting Committee. Consequently, the
Fundamental Rights, which are justiciable in nature, are