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incorporated in Part III and the Directive Principles, which are non-
justiciable in nature, are incorporated in Part IV of the
Constitution.
Though the Directive Principles are non-justiciable, the
Constitution (Article 37) makes it clear that ‘these principles are
fundamental in the governance of the country and it shall be the
duty of the state to apply these principles in making laws’. Thus,
they impose a moral obligation on the state authorities for their
application, but the real force behind them is political, that is,
public opinion. As observed by Alladi Krishna Swamy Ayyar, ‘no
ministry responsible to the people can afford light-heartedly to
ignore the provisions in Part IV of the Constitution’. Similarly, Dr.
B.R. Ambedkar said in the Constituent Assembly that ‘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 at the election time’11 .
The framers of the Constitution made the Directive Principles
non-justiciable and legally non-enforceable because:
1. The country did not possess sufficient financial resources to
implement them.
2. The presence of vast diversity and backwardness in the
country would stand in the way of their implementation.
3. The newly born independent Indian State with its many
preoccupations might be crushed under the burden unless it
was free to decide the order, the time, the place and the
mode of fulfilling them.
CRITICISM OF THE DIRECTIVE PRINCIPLES
The Directive Principles of State Policy have been criticised by
some members of the Constituent Assembly as well as other
constitutional and political experts on the following grounds:
1. No Legal Force
The Directives have been criticised mainly because of their non-
justiciable character. While K.T. Shah dubbed them as ‘pious
superfluities’ and compared them with ‘a cheque on a bank,
payable only when the resources of the bank permit’13 ,
Nasiruddin contended that these principles are ‘no better than the
new year’s resolutions, which are broken on the second of
January’. Even as T.T. Krishnamachari described the Directives as
‘a veritable dustbin of sentiments’, K C Wheare called them as a
‘manifesto of aims and aspirations’ and opined that they serve as
mere ‘moral homily’, and Sir Ivor Jennings thought they are only
as ‘pious aspirations’.
2. Illogically Arranged
Critics opine that the Directives are not arranged in a logical
manner based on a consistent philosophy. According to N
Srinivasan, ‘the Directives are neither properly classified nor
logically arranged. The declaration mixes up relatively unimportant
issues with the most vital economic and social questions. It
combines rather incongruously the modern with the old and
provisions suggested by the reason and science with provisions
based purely on sentiment and prejudice’14. Sir Ivor Jennings too
pointed out that these principles have no consistent philosophy.
3. Conservative
According to Sir Ivor Jennings, the Directives are based on the
political philosophy of the 19th century England. He remarked:
‘The ghosts of Sydney Webb and Beatrice Webb stalk through the
Socialism without the socialism’. He opined that the Directives ‘are
deemed to be suitable in India in the middle of the twentieth
century. The question whether they are suitable for the twenty-first
century cannot be answered; but it is quite probable that they will
be entirely out moded.15
4. Constitutional Conflict
K Santhanam has pointed out that the Directives lead 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. According to him, the Centre
can give directions to the states with regard to the implementation
of these principles, and in case of non-compliance, can dismiss
the state government. Similarly, when the Prime Minister gets a
bill (which violates the Directive Principles) passed by the
Parliament, the president may reject the bill on the ground that
these principles are fundamental to the governance of the country
and hence, the ministry has no right to ignore them. The same
constitutional conflict may occur between the governor and the
UTILITY OF DIRECTIVE PRINCIPLES
In spite of the above criticisms and shortcomings, the Directive
Principles are not an unnecessary appendage to the Constitution.
The Constitution itself declares that they are fundamental to the
governance of the country. According to L.M. Singhvi, an eminent
jurist and diplomat, ‘the Directives are the life giving provisions of
the Constitution. They constitute the stuff of the Constitution and
its philosophy of social justice’16. M.C. Chagla, former Chief
Justice of India, is of the opinion that, ‘if all these principles are
fully carried out, our country would indeed be a heaven on earth.
India would then be not only democracy in the political sense, but
also a welfare state looking after the welfare of its citizens’17. Dr.
B.R. Ambedkar had 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’.
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’18. 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.’
According to M.C. Setalvad, the former Attorney General of
India, the Directive Principles, although confer no legal rights and
create no legal remedies, are 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 remind them of the basic principles of the new
social and economic order, which the Constitution aims at
building.
2. They have served as useful beacon-lights to the courts.
They have helped the courts in exercising their power of
3. They form the dominating background to all State action,
legislative or executive and also a guide to the courts in
some respects.
4. They amplify the Preamble, which solemnly resolves to
secure to all citizens of India justice, liberty, equality and
fraternity.
The Directives also play the following roles:
1. 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.
2. 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.
3. Their implementation creates a favourable atmosphere for
the full and proper enjoyment of the fundamental rights by
the citizens. Political democracy, without economic
democracy, has no meaning.
4. 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.
5. They serve as a crucial test for the performance of the
government. The people can examine the policies and
programmes of the government in the light of these
constitutional declarations.
6. 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’19
.
CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND
DIRECTIVE PRINCIPLES
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. In the Champakam Dorairajan
case20 (1951), 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. But, 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.
The above situation underwent a major change in 1967
following the Supreme Court’s judgement in the Golaknath case21
(1967). In that case, the Supreme Court ruled that the Parliament
cannot take away or abridge any of the Fundamental Rights,
which are ‘sacrosanct’ in nature. In other words, the Court held
that the Fundamental Rights cannot be amended for the
implementation of the Directive Principles.
The Parliament reacted to the Supreme Court’s judgement in
the Golaknath Case (1967) by enacting the 24th Amendment Act
(1971) and the 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 which contained the following two
provisions:
1. No law which seeks to implement the socialistic Directive
Principles specified in Article 39 (b)22 and (c)23 shall be void
on the ground of contravention of the Fundamental Rights
conferred by Article 14 (equality before law and equal
protection of laws), Article 19 (protection of six rights in
respect of speech, assembly, movement, etc) or Article 31
(right to property).
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.
In the Kesavananda Bharati case24 (1973), the Supreme Court
declared the above 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. However, the above first provision of Article 31C was held
to be constitutional and valid.
Table 8.1 Distinction Between Fundamental Rights and Directive
Principles
Fundamental Rights Directive Principles
1. These are negative as they 1. These are positive as they
prohibit the State from require the State to do
doing certain things. certain things.
2. These are justiciable, that 2. These are non-justiciable,
is, they are legally that is, they are not legally
enforceable by the courts in enforceable by the courts
case of their violation. for their violation.
3. They aim at establishing 3. They aim at establishing
political democracy in the social and economic
country. democracy in the country.
4. These have legal 4. These have moral and
sanctions. political sanctions.
5. They promote the welfare 5. They promote the welfare
of the individual. Hence, of the community. Hence,
they are personal and they are societarian and
individualistic. socialistic.
6. They do not require any 6. They require legislation for
legislation for their their implementation. They
implementation. They are are not automatically
automatically enforced. enforced.
7. The courts are bound to 7. The courts cannot declare
declare a law violative of a law violative of any of the
any of the Fundamental Directive Principles as
Rights as unconstitutional unconstitutional and invalid.
and invalid. However, they can uphold
the validity of a law on the
ground that it was enacted
to give effect to a directive.
Later, the 42nd Amendment Act (1976) extended the scope of
the above first provision 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). In other
words, the 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.
However, this extension was declared as unconstitutional and
invalid by the Supreme Court in the Minerva Mills case25 (1980). It
means that the Directive Principles were once again made
subordinate to the Fundamental Rights. 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). Further, Article 31 (right to property) was abolished by the
44th Amendment Act (1978).
In the Minerva Mills case (1980), the Supreme Court also held
that ‘the Indian Constitution is founded on the bedrock of the
balance between the Fundamental Rights and the Directive
Principles. They together constitute the core of commitment to
social revolution. They are like two wheels of a chariot, one no
less than the other. To give absolute primacy to one over the other
is to disturb the harmony of the Constitution. This harmony and
balance between the two is an essential feature of the basic
structure of the Constitution. The goals set out by the Directive
Principles have to be achieved without the abrogation of the
means provided by the Fundamental Rights’.
Therefore, the present position is that the Fundamental Rights
enjoy supremacy over the Directive Principles. Yet, this does not
mean that the Directive Principles cannot be implemented. The
Parliament can amend the Fundamental Rights for implementing
the Directive Principles, so long as the amendment does not
damage or destroy the basic structure of the Constitution.
IMPLEMENTATION OF DIRECTIVE PRINCIPLES
Since 1950, the successive governments at the Centre and in the
states have made several laws and formulated various
programmes for implementing the Directive Principles. These are
mentioned below:
1. The Planning Commission was established in 1950 to take
up the development of the country in a planned manner. The
successive Five Year Plans aimed at securing socio-
economic justice and reducing inequalities of income, status
and opportunities. In 2015, the Planning Commission was
replaced by a new body called NITI Aayog (National
Institution for Transforming India).
2. Almost all the states have passed land reform laws to bring
changes in the agrarian society and to improve the
conditions of the rural masses. These measures include (a)
abolition of intermediaries like zamindars, jagirdars,
inamdars, etc; (b) tenancy reforms like security of tenure, fair
rents, etc; (c) imposition of ceilings on land holdings; (d)
distribution of surplus land among the landless labourers;
and (e) cooperative farming.
3. The Minimum Wages Act (1948), the Payment of Wages Act
(1936), the Payment of Bonus Act (1965), the Contract
Labour Regulation and Abolition Act (1970), the Child
Labour Prohibition and Regulation Act (1986), the Bonded
Labour System Abolition Act (1976), the Trade Unions Act
(1926), the Factories Act (1948), the Mines Act (1952), the
Industrial Disputes Act (1947), the Workmen’s
Compensation Act (1923) and so on have been enacted to
protect the interests of the labour sections. In 2006, the
government banned the child labour. In 2016, the Child
Labour Prohibition and Regulation Act (1986) was renamed
as the Child and Adolescent Labour Prohibition and
Regulation Act, 1986.
4. The Maternity Benefit Act (1961) and the Equal
Remuneration Act (1976) have been made to protect the
interests of women workers.
5. Various measures have been taken to utilise the financial
resources for promoting the common good.These include
nationalisation of life insurance (1956), the nationalisation of
fourteen leading commercial banks (1969), nationalisation of
general insurance (1971), abolition of Privy Purses (1971)
and so on.
6. The Legal Services Authorities Act (1987) has established a
nation-wide network to provide free and competent legal aid
to the poor and to organise lok adalat for promoting equal
justice. Lok adalat is a statutory forum for conciliatory
settlement of legal disputes. It has been given the status of a
civil court. Its awards are enforceable, binding on the parties
and final as no appeal lies before any court against them.
7. Khadi and Village Industries Board, Khadi and Village
Industries Commission, Small-Scale Industries Board,