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The Directive Principles of State Policy are enumerated in Part IV of the Constitution

from Articles 36 to 51. 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.

Features

● Promote socio-economic justice


● Code of conduct for three branches of governance
● Non-justiciable
● Aim of welfare of people
● Aid in the policy formation
● Supplement fundamental rights
● Not backed with legal sanction

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).

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 pages of the text. Part IV of the Constitution expresses Fabian
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

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 (Article47).

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 forests and wild life10
(Article 48 A).
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
(Article 51).

Kesavananda Bharati v the State of Kerala (1973): In this case, the Supreme Court
overruled its Golak Nath (1967) verdict and declared that Parliament can amend any part of
the Constitution but it cannot alter its “Basic Structure”.
Thus, the Right to Property (Article 31) was eliminated from the list of Fundamental Rights.

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