Directive Principles of State Policy

DIRECTIVE PRINCIPLES OF
STATE POLICY
AND
FUNDAMENTAL DUTIES
PART A
THEORY OF JUSTICE
 Justice is almost impossible to define. It has no social
indicators.
We realise when things go wrong or bad but not when things are
right or good. We can define war but not peace; similarly, we can
define injustice but not justice.
 John Rawls’ has done a remarkable job while addressing

the
concept of justice in his book ‘A Theory of Justice.’ In his book, he
defends the concept of justice as fairness.
 Rawls’ is an anti-utilitarian; he believes that justice can’t

be
derived through utilitarianism which says- the greatest happiness of
the greatest number – which unfortunately ignores the needs of the
minority.
PRINCIPLES OF JOHN RAWLS
 While designing his justice theory, Rawls

has given two principles on which,
according to him, is the core of the concept
of justice.
 He believes to base these principles
by imagining a group of people who
are unaware of their age, sex, race,
religion, or economic class, wealth, income,
intelligence, talents, etc. This group of
people would agree upon the following
principles for the realisation of justice –
PRINCIPLES
 Each person is to have an equal right to the
most extensive basic liberty compatible with a
similar liberty for others.
 Social and economic inequalities are to
be arranged so that they are both –
◦ To the greatest benefit of the least advantaged.
◦ Attached to offices and positions open to all under
conditions of fair equality of opportunity.
I
 The first principle states that all the people are to receive
the
basic liberties and rights that are basic to human existence.
Also, these liberties are to be provided equally to all the
masses. Few liberties that are basic to all are – freedom of
thought and conscience, liberties necessary to secure the rule
of law, sanitation, health, and etcetera.
 Basic liberties can’t be infringed for any reason, even if it

were
to bring greater economic prosperity to a larger number of
people. Unfortunately, economic prosperity would happen at
the expense of the ones that don’t belong to the larger group.
II
 The first point of the second principle is known as
the ‘difference principle.’ It means that even if there is
an unequal distribution of income and wealth then it should
be such that the most disadvantaged should be better off
than they would be in any other kind of distribution
consistent with principle one including equal distribution.
 The second point of the second principle points out
that society should provide all citizens with the basic means
that would enable them to participate in the competition.
Like education and health facilities.
CONCEPT
 Articles 36-51 under Part-IV of
Indian
Constitution deal with Directive
Principles of State Policy (DPSP). They
are borrowed from the Constitution of
Ireland, which had copied it from the
Spanish Constitution.
WHAT
 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 the 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.
SOCIALIST 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 38
 Article 39
 Article39-A
 Article 41
 Article 42
 Article 43
 Article 43-A
 Article 47
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
 Article 43
 Article 43-B
 Article 46
 Article 47
 Article 48
LIBERAL-INTELLECTUAL
PRINCIPLES
 Definition: These principles reflect
the ideology of liberalism.
Under various articles,
they direct the state to:
 Article
44
 Article
45
 Article
48
 Article
49
 Article
50
 Article
51
FUNDAMENTAL RIGHTS V. DPSPs
 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 to
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) and (c) 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).
◦ 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 and DPSPs constitute the core of the
commitment to social revolution.
 The harmony and balance between Fundamental Rights and
Directive Principles of State Policy 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.
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.

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DIRECTIVE PRINCIPLES OF

 John Rawls’ has done a remarkable job while addressing

 Rawls’ is an anti-utilitarian; he believes that justice can’t

 While designing his justice theory, Rawls

 Basic liberties can’t be infringed for any reason, even if it

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