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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, |
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