60-second revision
- DPSPs are in Part IV, Articles 36–51; borrowed from the Irish Constitution.
- Article 37: DPSPs are not enforceable in court but are fundamental in governance.
- Article 44: Uniform Civil Code. Article 50: separate judiciary from executive. Article 40: village panchayats.
- 42nd Amendment added Articles 39A, 43A and 48A (and 39(f)); 97th Amendment (2011) added Article 43B on cooperatives.
- Minerva Mills (1980): balance between FRs and DPSPs is a basic feature.
- Fundamental Duties: Part IVA, Article 51A, added by the 42nd Amendment (1976) on the Swaran Singh Committee's advice.
- There are 11 duties; the 11th (education of children aged 6–14) came with the 86th Amendment (2002).
- Duties apply only to citizens and are not directly enforceable; the idea came from the USSR.
What the Directive Principles are
The Directive Principles of State Policy (DPSPs) are in Part IV, Articles 36 to 51. They are instructions to the State — the Centre, the states, Parliament and local bodies — on the goals of law-making and policy. The idea was borrowed from the Irish Constitution. Article 36 adopts the definition of "State" from Article 12.
Article 37 is the key: the principles are not enforceable by any court, but they are fundamental in the governance of the country and the State has a duty to apply them in making laws. Ambedkar called them a novel feature; Granville Austin described Fundamental Rights and DPSPs together as the conscience of the Constitution.
Articles at a glance
| Article | Principle |
|---|---|
| 38 | Social order based on justice; 38(2) minimise inequalities in income, status and opportunity (added by 44th Amendment) |
| 39 | Livelihood for all; resources distributed for the common good; prevent concentration of wealth; equal pay for equal work for men and women; protect workers and children |
| 39A | Equal justice and free legal aid |
| 40 | Organise village panchayats as units of self-government |
| 41 | Right to work, education and public assistance in unemployment, old age, sickness and disablement |
| 42 | Just and humane conditions of work and maternity relief |
| 43 | Living wage for workers; promote cottage industries |
| 43A | Workers' participation in management of industries |
| 43B | Promote cooperative societies |
| 44 | Uniform Civil Code for citizens |
| 45 | Early childhood care and education for children below six |
| 46 | Educational and economic interests of SCs, STs and weaker sections |
| 47 | Nutrition, standard of living, public health; prohibition of intoxicating drinks and harmful drugs |
| 48 | Organise agriculture and animal husbandry scientifically; prohibit slaughter of cows and calves |
| 48A | Protect and improve the environment, forests and wildlife |
| 49 | Protect monuments and places of national importance |
| 50 | Separate the judiciary from the executive |
| 51 | Promote international peace and security |
Classification (by scholars, not by the Constitution)
- Socialist: Articles 38, 39, 39A, 41, 42, 43, 43A, 47 (welfare state ideas).
- Gandhian: Articles 40 (panchayats), 43 (cottage industries), 43B (cooperatives), 46 (weaker sections), 47 (prohibition), 48 (cow protection).
- Liberal-intellectual: Articles 44 (UCC), 45 (early childhood education), 48 (scientific agriculture), 48A (environment), 49 (monuments), 50 (separation of judiciary), 51 (international peace).
Later additions
| Amendment | Change to Part IV |
|---|---|
| 42nd, 1976 | Added 39(f) (healthy development of children), 39A, 43A and 48A |
| 44th, 1978 | Added 38(2) on reducing inequalities |
| 86th, 2002 | Rewrote Article 45 to cover early childhood care for children below six (education of 6–14 became a Fundamental Right in Article 21A) |
| 97th, 2011 | Added Article 43B on cooperative societies |
Fundamental Rights vs Directive Principles
- Champakam Dorairajan (1951): where they conflict, Fundamental Rights prevail.
- The 25th Amendment (1971) inserted Article 31C: laws giving effect to Article 39(b) and (c) cannot be struck down for violating Articles 14 or 19.
- Kesavananda Bharati (1973) upheld the first part of Article 31C but struck down the clause that barred courts from reviewing such laws.
- Minerva Mills (1980): struck down the 42nd Amendment's extension of Article 31C to all DPSPs; the harmony and balance between Fundamental Rights and DPSPs is a basic feature of the Constitution.
Fundamental Duties (Article 51A)
The original Constitution had no duties. The 42nd Amendment, 1976 created Part IVA with Article 51A, following the Swaran Singh Committee, which had suggested eight duties; ten were added. The idea came from the Constitution of the erstwhile USSR. The 86th Amendment, 2002 added the eleventh duty. Duties apply only to citizens, unlike some Fundamental Rights that cover foreigners too. They are not directly enforceable, though Parliament can enforce them by law. The Verma Committee (1999) listed existing laws that give effect to some duties.
- Abide by the Constitution and respect its ideals, institutions, the National Flag and the National Anthem.
- Cherish the noble ideals of the freedom struggle.
- Uphold the sovereignty, unity and integrity of India.
- Defend the country and render national service when called upon.
- Promote harmony and common brotherhood; renounce practices derogatory to the dignity of women.
- Value and preserve the rich heritage of our composite culture.
- Protect and improve the natural environment and have compassion for living creatures.
- Develop the scientific temper, humanism and the spirit of inquiry and reform.
- Safeguard public property and abjure violence.
- Strive towards excellence in all spheres of activity.
- As a parent or guardian, provide opportunities for education to one's child between six and fourteen years.
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