What are the Directive Principles of State Policy?

The Sapru Committee in 1945 suggested two categories of individual

rights. One being justiciable and the other being non-justiciable rights.
The justiciable rights, as we know, are the Fundamental rights, whereas
the non-justiciable ones are the Directive Principles of State Policy.
DPSP are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws. There are various definitions to
Directive Principles of State which are given below:

 They are an ‘instrument of instructions’ which are enumerated in

Government of India Act, 1935
 They seek to establish economic and social democracy in the
country
 DPSPs are ideals which are not legally enforceable by the courts
for their violation

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but on the basis of their content and
direction, they are usually classified into three types-

 Socialistic Principles,
 Gandhian Principles and,
 Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice and set the path towards
the welfare state. Under various articles, they direct the state to:

Article Promote the welfare of the people by securing a social order through justice—social, economic
38 and political—and to minimise inequalities in income, status, facilities and opportunities

Article Secure citizens:

39
 Right to adequate means of livelihood for all citizens
 Equitable distribution of material resources of the community for the common good
 Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of the health and strength of workers and children against forcible abuse
 Opportunities for the healthy development of children
Article Promote equal justice and free legal aid to the poor
39A

Article In cases of unemployment, old age, sickness and disablement, secure citizens:
41
 Right to work
 Right to education
 Right to public assistance,

Article Make provision for just and humane conditions of work and maternity relief
42

Article Secure a living wage, a decent standard of living and social and cultural opportunities for all
43 workers

Article Take steps to secure the participation of workers in the management of industries
43A

Article Raise the level of nutrition and the standard of living of people and to improve public health
47

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the programme of
reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the
state to:

Article 40 Organise village panchayats and endow them with necessary powers
and authority to enable them to function as units of self-government

Article 43 Promote cottage industries on an individual or co-operation basis in rural areas

Article Promote voluntary formation, autonomous functioning, democratic control and professional
43B management of co-operative societies

Article 46 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 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds
 DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under various articles, they direct
the state to:

Article Secure for all citizens a uniform civil code throughout the country
44

Article Provide early childhood care and education for all children until they complete the
45 age of six years

Article Organise agriculture and animal husbandry on modern and scientific lines
48

Article Protect monuments, places and objects of artistic or historic interest which are
49 declared to be of national importance

Article Separate the judiciary from the executive in the public services of the State
50

Article  Promote international peace and security and maintain just and honourable
51 relations between nations
 Foster respect for international law and treaty obligations
 Encourage settlement of international disputes by arbitration

What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles in the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

2 Article 39A To promote equal justice and to provide free legal aid to the poor

3 Article 43A To take steps to secure the participation of workers in the management of industries

4 Article 48A To protect and improve the environment and to safeguard forests and wildlife
Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment

Act of 1978, which requires the State to minimise inequalities in
income, status, facilities and opportunities

.
2. The 86th Amendment Act of 2002 changed the subject-matter
of Article 45 and made elementary education a fundamental right
under Article 21A. The amended directive requires the State to
provide early childhood care and education for all children until they
complete the age of six years.

3. A new DPSP under Article 43B was added by the 97th Amendment
Act of 2011 relating to co-operative societies. It requires the state to
promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies

4. .
5. The Indian Constitution under Article 37 makes it clear that ‘DPSPs
are fundamental in the governance of the country and it shall be the
duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

The following reasons are responsible for the criticism of Directive Principles of State Policy:

1. It has no legal force

2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state

What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can understand the relationship
between Fundamental Rights and Directive Principles of State Policy:
Champakam Dorairajan Case (1951)
Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs, the
provisions of the former would prevail. DPSPs were regarded to run as a subsidiary to
Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through
constitutional amendment act ti implement DPSPs.
Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955)
and the Seventeenth Amendment Act (1964) to implement some of the Directives.
Golaknath Case (1967)
Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive
Principles of State Policy.
Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971
declaring that it has the power to abridge or take away any of the Fundamental Rights by
enacting Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C
containing two provisions:
 
 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).
 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.
Kesavananda Bharti Case (1973)
Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act
during Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the
first provision of Article 31C constitutional and valid.
Result: Through the 42nd amendment act, Parliament extended the scope of the first provision
of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles
over the Fundamental Rights conferred by Articles 14, 19 and 31.
Minerva Mills Case (1980)
Supreme Court held the extension of Article 31C made by the 42nd amendment act
unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court
also held that ‘the Indian Constitution is founded on the bedrock of the balance between
the Fundamental Rights and the Directive Principles.’
Supreme Court’s rulings following the case were:

 Fundamental Rights & DPSPs constitute the core of the commitment to social revolution.
 The harmony and balance between Fundamental Rights and Directive Principles of State
Policy is anessential 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.
Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet,
Directive Principles can 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.

DPSP in a Gist

What is its full form? Directive Principles of State Policy

From which country is it borrowed? Ireland (Which had copied it from

Spanish Constitution)

How many articles are under DPSP? Article 36-51 belong to DPSP

Which part in Indian Constitution deals Part-IV belongs to DPSP

with DPSP?
 How many types of DPSP are there? There are three types:
1. Socialist
2. Gandhian
3. Liberal-Intellectual

Have Directive Principles ever Yes, 42nd Amendment Act,

amended? 44th Amendment Act, and
86th Amendment Act have
added/deleted a few DPSPs.

Are DPSP justiciable? No, DPSPs are non-justiciable in

nature.

Are DPSP sub-ordinate to Fundamental There is a balance between both.

Rights? Fundamental Rights can be amended
to implement Directive Principles until it
does not harm basic structure of the
Constitution.

Who described DPSP as ‘novel feature’ Dr. B.R. Ambedkar

of Constitution?

From where does Indian DPSPs find its Irish Home Rule Movement
motivation?

What are the recent developments in There are various such acts enacted to
favor of DPSPs? enforce DPSP. They are:
· Prevention of Atrocities Act (In
favor of Article 46)
· Minimum Wages Act (In favor of
Article 43)
· Consumer Protection Act
· Equal Remuneration Act (In favor
of Article 39)

UNIFORM CIVIVIL CODE

This article is an essay on Uniform Civil Code in India. It talks about the challenges and
suggestions in its implementation, part IV of Article 44 of the constitution and debates associated
with uniform civil code.

Uniform Civil Code – UCC

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be
treated equally according to a national civil code, which shall be applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of
the property. It is based on the premise that there is no connection between religion and law in
modern civilization.
.

Uniform Civil Code Debate

Historical perspective – The debate for a uniform civil code dates back to the colonial period in
India.

Pre-Independence (colonial era)



 The Lex Loci Report of October 1840- It stressed

the importance and necessity of uniformity in

the codification of Indian law, relating to crimes,
evidence and contract. But, it also
recommended that personal laws of Hindus and
Muslims should be kept outside such
codification.
 The Queen’s 1859 Proclamation- It promised

absolute non-interference in religious matters.

So while criminal laws were codified and became
common for the whole country, personal laws continue to
be governed by separate codes for different communities.
Post-Colonial era (1947-1985)


 During the drafting of the constitution,

prominent leaders like Jawaharlal Nehru
and Dr B.R Ambedkar pushed for a uniform civil
code. However, they included the UCC in the
Directive Principles of State Policy (DPSP,
Article 44) mainly due to opposition from
religious fundamentalists and a lack of
awareness among the masses during the time.
Some of the reforms of this period were:-
The Hindu code bill -The bill was drafted by Dr.B R
Ambedkar to reform Hindu laws, which legalized divorce,
opposed polygamy, gave rights of inheritance to
daughters. Amidst intense opposition of the code, a
diluted version was passed via four different laws.
Succession Act-The Hindu Succession Act, 1956,
originally did not give daughters inheritance rights in
ancestral property. They could only ask for a right to
sustenance from a joint Hindu family. But this disparity
was removed by an amendment to the Act on September
9, 2005
The Hindu Marriage Act
Minority and Guardianship Act
Adoptions and Maintenance Act
Special Marriage Act:
 It was enacted in 1954 which provided for civil
marriages outside of any religious personal law.
 Judicial interventions:

Shah Bano case (1985):-

A 73-year-old woman called Shah Bano was divorced by
her husband using triple talaq (saying “I divorce thee”
three times) and was denied maintenance. She
approached the courts and the District Court and the
High Court ruled in her favour. This led to her husband
appealing to the Supreme Court saying that he had
fulfilled all his obligations under Islamic law.
The Supreme Court ruled in her favour in 1985 under the
“maintenance of wives, children and parents” provision
(Section 125) of the All India Criminal Code, which
applied to all citizens irrespective of religion. Further, It
recommended that a uniform civil code be set up.
Facts about the case:
 Under Muslim personal law, maintenance was to be
paid only till the period of iddat. (three lunar
months-roughly 90 days ).
 Section 125 of CrPC (criminal procedure code) that

applied to all citizens, provided for maintenance of

the wife.
Impact – After this historic decision, nationwide
discussions, meetings and agitations were held. The then
government under pressure passed The Muslim Women’s
(Right to protection on divorce ) Act (MWA) in 1986,
which made Section 125 of the Criminal Procedure Code
inapplicable to Muslim women.
Daniel Latifi Case:-
Muslim Women’s Act (MWA) was challenged on the
grounds that it violated the right to equality under
Articles 14& 15 as well as the right to life under Article 21.
The Supreme Court while holding the law as
constitutional, harmonised it with section 125 of CrPC
and held that the amount received by a wife during iddat
period should be large enough to maintain her during
iddat as well as provide for her future. Thus under the law
of the land, a divorced Muslim woman is entitled to the
provision of maintenance for a lifetime or until she is
remarried.
Sarla Mudgal Case:-
In this case, the question was whether a Hindu husband
married under the Hindu law, by embracing Islam, can
solemnise a second marriage. The court held that the
Hindu marriage solemnized under Hindu law can only be
dissolved on any of the grounds specified under the
Hindu Marriage Act 1955. Conversion to Islam and
marrying again, would not by itself dissolve the Hindu
marriage under the act and thus, a second marriage
solemnized after converting to Islam would be an offence
under section 494 of the Indian Penal Code(IPC).
John Vallamattom Case:-
In this case, a priest from Kerala, John Vallamattom
challenged the Constitutional validity of Section 118 of
the Indian Succession Act, which is applicable for non-
Hindus in India. Mr Vallamatton contended that Section
118 of the act was discriminatory against Christians as it
imposes unreasonable restrictions on their donation of
property for religious or charitable purposes by will. The
bench struck down the section as unconstitutional.
The Constitution of India on the Uniform Civil Code
Part IV, Article 44 of the Constitution states that “The State shall endeavour to secure the citizen
a Uniform Civil Code throughout the territory of India”.
However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be enforceable by
any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates
that although our constitution itself believes that a Uniform Civil Code should be implemented in
some manner, it does not make this implementation mandatory.
Other constitutional provisions relating to religious freedom and secularism are:

 Article 15- No discrimination on grounds of religion, race, caste, sex or place of birth.
 Article 25- Freedom of conscience and free profession, practice and propagation of
religion, subject to reasonable restrictions on the grounds of public order, health and
mortality.
 Article 25 (2)-provides for regulating secular activities associated with religious practices,
social welfare and reform.
 Article 26- Right to establish and administer religious institutions.
 Article 27- Prohibits the state from levying a tax, proceeds of which are used for the benefit
of a particular religion.
 Article 28- deals with the issue of religious instruction in educational institutions.
The 42nd Constitutional Amendment Act inserted the word ‘secularism’ in the preamble. In the
S.R.Bommai vs Union of India case, the Supreme Court held secularism as a basic feature of the
constitution.

Goa Civil Code

Goa is the only Indian state to have a UCC in the form of common
family law. The Portuguese Civil Code that remains in force even
today was introduced in the 19th century in Goa and wasn’t
replaced after its liberation.
Features-
 The Uniform Civil Code in Goa is a progressive law that
allows equal division of income and property between
husband and wife and also between children (regardless of
gender).
 Every birth, marriage and death have to be compulsorily
registered. For divorce, there are several provisions.
 Muslims who have their marriages registered in Goa cannot
practice polygamy or divorce through triple talaq.
 During the course of a marriage, all the property and wealth
owned or acquired by each spouse is commonly held by the
couple.
 Each spouse in case of divorce is entitled to half of the
property and in case of death, the ownership of the property
is halved for the surviving member.
 The parents cannot disinherit their children entirely. At
least half of their property has to be passed on to the
 children. This inherited property must be shared equally
among the children.
However, the code has certain drawbacks and is not strictly a
uniform code. For example, Hindu men have the right to bigamy
under specific circumstances mentioned in Codes of Usages and
Customs of Gentile Hindus of Goa (if the wife fails to deliver a
child by the age of 25, or if she fails to deliver a male child by the
age of 30). For other communities, the law prohibits polygamy.

Uniform Civil Code and Arguments For & Against

Arguments in favour of the Uniform Civil Code:

 It Will Integrate India- India is a country with many

religions, customs and practices. A uniform civil code will
help in integrating India more than it has ever been since
independence. It will help in bringing every Indian, despite
his caste, religion or tribe, under one national civil code of
conduct.
 Will Help in Reducing Vote Bank Politics- A UCC will also
help in reducing vote bank politics that most political
parties indulge in during every election.
 Personal Laws Are a Loophole- By allowing personal laws
we have constituted an alternate judicial system that still
operates on thousands of years old values. A uniform civil
code would change that.
 Sign of a modern progressive nation- It is a sign that the
nation has moved away from caste and religious politics.
While our economic growth has been significant, our social
growth has lagged behind. A UCC will help society move
forward and take India towards its goal of becoming a truly
developed nation.
 It will Give More Rights to Women- Religious personal laws
are misogynistic in nature and by allowing old religious
rules to continue to govern the family life we are
condemning all Indian women to subjugation and
mistreatment. A uniform civil code will also help in
improving the condition of women in India.
 All Indians Should be Treated the Same- All the laws related
to marriage, inheritance, family, land etc. should be equal
for all Indians. UCC is the only way to ensure that all
Indians are treated the same.
 It Promotes Real Secularism- A uniform civil code doesn’t
mean that it will limit the freedom of people to follow their
religion, it just means that every person will be treated the
same and all citizens of India have to follow the same laws
whether they are Hindus or Muslims or Christians or Sikhs.
 Change has been the law of nature-A minority of people
should not be allowed to pick and choose the laws they want
to be administered under. These personal laws were
formulated in a specific spatiotemporal context and should
not stand still in a changed time and context.
 Many provisions of specific personal laws are in violation of
human rights.
 Article 25 and Article 26 guarantee the freedom of religion
and UCC is not opposed to secularism.
 The codification and unification of the variegated personal
laws will produce a more coherent legal system. This will
reduce the existing confusion and enable easier and more
efficient administration of laws by the judiciary.
What is the meaning of Civil Code?

A civil code is a systematic collection of laws designed to deal with the core areas of private law such
as for dealing with business and negligence lawsuits and practices.

What is the Article 44?

Article 44 of the Indian Constitution defines a Uniform Civil Code. Article 44 says, ‘The State shall
endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.’ The
article is a part of the Directive Principles of State Policy.

Why does Goa have a uniform civil code?

The Goa Civil Code, also known as the Goa Family Law, was introduced in 1870 by the Portuguese
who were ruling the state. After the liberation of Goa in 1961, the civil code was retained.

When was the Hindu code bill passed?

The Hindu Code Bills are a set of laws that were passed in the 1950s.