TOPIC:DIRECTIVE PRINIPLE OF STATE POLICY

CONTENTS

TITLE

PAGE NO.

1) INTRODUCTION......................................................
2) SOURCE OF PRINCIPLE OF STATE POLICY.....
3) IMPORTANCE OF DIRECTIVE PRINCIPLE
OF STATE POLICY...................................................
4) ARTICLE UNDER DIRECTIVE PRINCIPLE
OF STATE POLICY...................................................
5) AMENDMENTS DONE.............................................
6) CRITICISM OF DPSP................................................
7) LANDMARK CASES.................................................
8) CONCLUSION............................................................
9) BIBLIOGRAPHY........................................................

INTODUCTION OF DIRECTIVE PRINCIPLE OF STATE POLICY:

Dr. Ambedkar said The directive principles are like instruments of instructions which
were issued to the Governor in General and Governors of colonies and to those of India by
the British Government under the 1935 Act under the Draft Constitution. It is proposed to
issue such instructions to the president and governors. The text of these instruments of the
instructions shall be found in scheduled IV to the Constitution of India. What are called
directive principles is that they are instructions to the Legislature and the Executive. Such
a thing is, to my mind, to be welcomed.The Directive Principles commit the State to
promote the welfare of the people by affirming social, economic and political justice, as
well as to fight economic inequality. According to the constitution, the government should
keep them in mind while framing laws, even though they are non-justiciable in nature. The
inspiration of Directive Principles of State Policy has been taken from the Irish Republic.
They were inculcated in our Constitution in order to provide economic justice and also to
avoid concentration of wealth in the hands of a few. Therefore, no government can afford
to ignore them. They are infact, the directives to the future governments to incorporate
them in the decisions and policies to be formulated by them. The directives were meant to
be the fundamental principles which should necessarily be made the basis of all executive
and legislative actions that might be taken in future in the governance of the country. The
Forty-second Amendment, which came into force in January 1977, attempted to raise the
status of the Directive Principles by stating that no law implementing any of the Directive
Principles could be declared unconstitutional on the grounds that it violated any of the
Fundamental Rights. The amendment simultaneously stated that laws prohibiting
"antinational activities" or the formation of "antinational associations" could not be
invalidated because they infringed on any of the Fundamental Rights. It added a new
section to the constitution on "Fundamental Duties" that enjoined citizens "to promote
harmony and the spirit of common brotherhood among all the people of India,
transcending religious, linguistic and regional or sectional diversities." However, the
amendment reflected a new emphasis in governing circles on order and discipline to
counteract what some leaders had come to perceive as the excessively freewheeling style
of Indian democracy. After the March 1977 general election ended the control of the
Congress (Congress (R) from 1969) over the executive and legislature for the first time
since independence in 1947, the new Janata-dominated Parliament passed the Forty-third
Amendment (1977) and Forty-fourth Amendment (1978). These amendments revoked the

Forty-second Amendment's provision that Directive Principles take precedence over

Fundamental Rights and also curbed Parliament's power to legislate against "antinational
activities.. Among the primary duties of the state is the raising of the level of nutrition
and the general standard of living of the people. The Principles expressed the hope that
within ten years of the adoption of the Constitution there will be compulsory primary
education for children up to the age of fourteen years. The other provisions of the
Principles seek equally to secure the renovation of Indian society by improving the
techniques of agriculture, husbandry, cottage industry, etc. The core of the commitment
lies in the fundamental rights and the directive principles of state policy.

Part IV of the Constitution (Articles 36-51) provides the Directive Principles of state policy.
These principles may include certain economic ideals that states may, strive for; certain
directions to the legislature and executive intended to show the manner in which the state
should exercise their executive and legislative powers; and certain rights of the citizens which
shall not be enforceable like the fundamental rights .It shall be the duty of administrators to
follow these principles both in administration and legislation. The Directive Principles of
State Policy was described by Dr.Ambedkar as a novel feature of the constitution. Sir Ivor
Jennings claims that this part of the constitution expresses, Fabian socialism without the
word socialism.

These principles are directives to the various governments and governmental agencies to be
followed as fundamental in the governance of the country. It shall be the duty of the state to
apply these principles in making laws. Thus they place an ideal before the legislatures of
India while they frame new legislation. They lay down a code of conduct for the
administrators of India. In short, the
Directive Principles enshrines the fundamentals for the realisation of which the state in India
stands. They guide the path which will lead the people of India to achieve the noble ideas
which the Preamble of the constitution proclaims: Justice, Liberty and Fraternity. DPSP are
not legally enforceable by any court and the state cannot be compelled through the courts to
implement them. Nevertheless the constitution declares that they are fundamental in the
governance of the country and that it shall be the duty of the state to apply these principles in
making laws.

The Directive Principles of State Policy are guidelines provided to the central and state
government of India, to be kept in mind while framing laws and policies. These are the
principles which are laid down therein to look into the fundamental in the governance of the
country, making it the duty of the State to apply these principles in making laws to establish a
just society in the country. The DPSP has been borrowed from Ireland constitution. The
articles which have the provision of DPSP in our Indian constitution are ART.36 TO ART.51.
The article 51 of our constitution defines state as a statutory authority, cannot in absence of a
statue, be treated to be an agency of the state. It is one thing to say that the state exercises
statutory control over the function of a statue but it is another thing to say thereby an agency
is created which would be separate in entity over which the state exercises control. Agency of
a state would ordinarily mean an instrumentality of a state. It must be separate legal entity. A
statutory authority does not answer the description of an agency under the control of the state;
Deewan singh v Rajendra devi[1],. It is not enforceable by law but it is the duty of
government to apply these principles in making laws for the people.. However the directives
do not confer any enforceable rights and their alleged breach does not invalidate a law, not
does it entitle a citizen to complain of its violation by the state so as to seek mandatory relief
against the state. The state should have to secure a social order for the promotion of welfare
of the people. In DPSP the state has to strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunity, not amongst
individual but also amongst groups of people residing in different areas or engaged in
different vocations. This part of the constitution is known as the conscience of constitution..
[1]AIR 2007 SC 767

No law can be declared ultra vires on the ground of inconsistency of these principles.
ART.36 directs the state to secure and protect a social order which stand for the welfare of the
people.
ART.37 says that directive principles are not justiciable but are fundamental to the
governance of the country, and the state has the duty in applying these principles in making
laws.

SOURCE OF PRINCIPLE OF STATE POLICY

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution.
The makers of the Constitution of India were influenced by the Irish nationalist movement.
Hence, the Directive Principles of the Indian constitution have been greatly influenced by the
Directive Principles of State Policy. The idea of such policies "can be traced to the
Declaration of the Rights of Man proclaimed Revolutionary France and the Declaration of
Independence by the American Colonies." The Indian constitution was also influenced by the
United Nations Universal Declaration of Human Rights. Though the makers of our
Constitution drew the inspiration for including in the Constitution non-justiciable provisions
in the shape of Directive Principles of State Policy from Constitution of Eire, in the text of
provisions as well as their working, certain differences may be noted.
Art. 45 of the Constitution of Eire, 1937 says:
The principle of social policy set forth in this article are intended for the general guidance
of the Oireachtas. The application of those principles in making laws shall be the care of the
Oireachtas exclusively, and shall not be cognizable by any court under any of the provisions
of this constitution.

While, Art. 45 of the Irish Constitution addresses the Directives to the legislature only, Art.
36 of the Indian Constitution issues the Directives to the State as defined in Part III, which
obviously comprehends all the organs of the State. While, Art. 45 of the Irish Constitution
says that the Directive shall not be cognizable by any court, under any provision of this
Constitution, Art. 37 of Indian Constitution use the words shall not be enforceable by any
court. The result is that so far as the courts in Eire are concerned, the Directive provisions of
the Constitution are a closed chapter. But so far as the Indian courts are concerned, though
they cannot legally enforce the Directives or the rights or duties arising there from, they are
not debarred from taking cognizance of the Directives, as a part of Constitution, for other
purposes, e.g., for the purpose of interpreting other provisions of the Constitution or laws
made by the Legislature.

The duty of the State to implement the Directives has also been laid down in the Constitution
of India in stronger terms: while the Irish Constitution says that the Directives are intended
for the general guidance of the Oireachtas, Art. 37 of the Indian Constitution provides that
the Directives are to be fundamental in the governance of the country and it shall be the duty
of the State to apply these principles in making laws.
The idea of incorporating in the Constitution non-justiciable Directives was, of course, taken
from the Constitution of Eire. As Dr. Ambedkar explained the precedent under the
Government of India Act, 1935, of issuing Instruments of Instructions to the Governor
General also influenced the makers of the Constitution:
The Directive Principles are like the Instrument of Instructions which were issued to the
Governor General and the Governors of Colonies, and to those of India by the British
Government under the 1935 Government of India Act. What is called Directive Principles is
merely another name or the Instrument of Instructions. The only difference that they are
instructions to the legislature and the executive. Whoever captures power will not be free to
do what he likes with it. In the exercise of it he will have to respect these instruments of
instructions which are called Directive Principles. The sanction behind the Directives is of
course political not juridical. Though these are not cognizable by the court and, if the
Government of the day fails to carry out these objectives, no court can make the Government
implement them, yet, these principles have been declared to be fundamental in the
governance of the country.

IMPORTANCE OF DIRECTIVE PRINCIPLE OF STATE POLICY:

The concept of Directive Principles of State Policy was borrowed from the Irish Constitution.
The Directive Principles of the Indian Constitution have been greatly influenced by the
Directive Principles of State Policy of the Ireland. The idea of such policies can be traced to
the Declaration of the Rights of Man proclaimed by Revolutionary France and the
Declaration of Independence by the American Colonies.

To have better knowledge about the comprehensiveness of the DPSP, it is convenient to

classify them into related groups. According to Dr.M.P.Sharma that they can be grouped into
three categories; socialistic, Gandhian, and liberal intellectualistic. The generally accepted
classifications are:
1) Directive principles aim is to look into the establishment of a welfare state: A large
number of DPSP aims at the establishment of a welfare state in India.. E.g; Articles 38, 39,
41, 42, 43,46, and 47.These articles cover a wide range of state activity embracing economic ,
social, legal educational and international problems. These Articles direct:
A) To organise village panchayats,
B) To secure the right to work, education and public assistance in cases unemployment, old
age, sickness,
C) To secure just and humane conditions of work and maternity relief,
D) To secure uniform civil code,
E) To promote the educational and economic interests of the weaker sections of the people,
F) To secure the improvement of public health and the prohibition of intoxicating drinks and
drugs,
G)Taken together, these principles lay down the foundations on which a new democratic
India will be built up.
2) Directions related with cultural and educational matters :
Another group of directive principles relates to the obligations of the state in educational and
cultural matters. Article 45 declares that the state shall endeavour to provide within a period
of ten years from the commencement of the constitution , for free and compulsory education
for all the children until they complete age of fourteen years.
3) DPSP aiming to implement Gandhian Principles[2]:
There are a number of articles in DPSP which aims to implement Gandhian Principles. Some
of the important principles are :
1) Article 40- the state shall organise village panchayats as units of self government;
2) Article 45- state shall promote with special care the educational and economic interests of
the weaker sections of the people;
3) Article 43- State shall try to promote cottage industries;

4) Article 48- State shall preserve and improve the breeds and prohibit the slaughter of cows
calves and other draught cattle;
5) Article 47- State shall try to improve public health and the prohibition of intoxicating
drinks and drugs.
4) Directions related with International peace:
There are certain DPSPs related with international peace and security. Article 51 declares
that the shall endeavour to (a) promote international peace and security; (b) maintain just and
honourable relations between nations; and (c) the settlement of international disputes through
arbitration.

[2]Indian Constitution And Politics - University of Calicut, www.universityofcalicut.info

Articles Under Directive Principle Of State Policies:

ARTICLES[i];
ART.36- Definition of state,

ART.37- Application of the principles contained in this part,

ART.38- State to secure a social order for promotion of welfare of the people,
ART.39- Certain principles of policy to be followed bt the state
ART.39A- Equal justice and free legal aid
ART.40- Organisation of village panchayats
ART.41- Right to work, to education and to public assistance in certain cases
ART.42- Provision for just and humane condition of work and maternity relief
ART.43- Living wage for workers
ART.43A- Participation of workers in management of industries
ART.44- Uniform civil code for the citizens
ART.45- Provision for free legal and compulsory education for children
ART.46- Promotion of educational and economic interest of scheduled castes, scheduled
tribes and other weaker section
ART.47- Duty of the state to raise the level of nutrition and the standard of living and to
improve public health
ART.48- Organization of agriculture and animal husbandry
ART.48A- Protection and improvement of environment and safeguarding of forest and
wildlife
ART.49- Protection of monuments and places and objects of national importance
ART.50- Separation of judiciary from executive
ART.51- Promotion of international peace and security

[a] DIRECTIVE PRINCIPLE OF STATE POLICY, http://www.constitution.org/cons/india/p04.html

THREE DIFFERENT PRINCIPLES SECTIONS OF DPSP :

When the directive principles of the state policies were made the policy was adopted on the
saying of these 3 great leaders which was classified into three different principles;
(A)The Socialist Principles:
1)
2)
a)
b)
c)
d)
e)

ART.38 To secure a social order for the promotion of welfare of the people.
ART.39 Adequate means of livelihood
Equitable distribution of material resources
Prevention of concentration of wealth
Equal pay for equal wages
Preservation of health of workers and children against forcible abuse
Opportunities for healthy development of children

The other articles which are under this socialist principle are ART.39A, 41, 42, 43, 43A, &
47.
(B)The Western Liberal Principles:
1. ART.44- Uniform civil code for the citizens
2. ART.45- Provide free and compulsory education for all children until they complete
the age of fourteen years.
The other article which comes under these principles are ART.48, 48A, 50, 51.
The Gandhian Principles:
This gandhian principle speaks of having an organization such as panchayats raj in every
village in india and also speaks for promotion of a cottage industry in india. The main
objective of this principle was to promote educational and economic interest of the SCs, the
STs and the other weaker society of the society. It also tells us to prohibit intoxication of
drinks and drugs that are injurious to health. It speaks how to organize agriculture and animal
husbandry on modern and scientific lines to prohibit the slaughter of cows, calves, and other
milch and draught animals. This principle was regarded as one of the most important in all
these three principles.

IMPLEMENTATION OF DIRECTIVE PRINCIPLES OF STATE POLICY:

As there was a commencement of our constitution, there have been a number of legislations
to implement the DPSP. The very 1 st amendment act was for implementing land reforms. We
can see that the promotion of cottage industries has been one of the main aspects of the
economic policy of the government. There are several provisions made by the government for
minimum wages for the workers. The government have initiated many agriculture related
development programme like irrigation, modernisation for better productivity as well as
raising the income of farmers. The most recently enacted MGNREGA reinforces the state
commitment to livelihood to all. For children and women welfare, the government have
initiated schemes like Anganawadi programme, Sarvasiksha abhiyan, maternity related
health schemes to promote their welfare.

Directives in other Part of the Constitution and Amendments:

There are many other provision of DPSP in our constitution as under ART.335 It states that
the claims of sc/st shall be taken into consideration, consistently with the maintenance of
efficiency of administration in the making of appointment to services and posts in connection
with affairs of the union or of a state.
Under ART.350, it says that every state and every local authority within the state to provide
adequate facilities for the instruction in the mother tounge at the primary stage to children of
linguistic minority areas.
Under ART.351, it says that the union should promote the spread of hindi language so that it
may serve as a medium of expression of all the elements of the composite culture of India.
There were many amendments made for addition of directive principle in our constitution;
25TH Amendment Act, 1971:-

With respect to the 25th Amendment Act of 1971, Article 31-C, inserted into the Directive
Principles of State Policy which seeks to upgrade the DPSPs. According to article 31-C:-

Saving of laws giving effect to certain directive principles Notwithstanding anything

contained in Article 13, no law giving effect to the policy of the State towards securing all or
any of the principles laid down in Part IV shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the rights conferred by Article 14 or
Article 19 and no law containing a declaration that it is for giving effect to such policy shall
be called in question in any court on the ground that it does not give effect to such policy:
Provided that where such law is made by the Legislature of a State, the provisions of this
Article shall not apply thereto unless such law, having been reserved for the consideration of
the President, has received his assent Right to Constitutional Remedies
Objective of article 31-C in the Indian Constitution:The twenty-fifth Amendment of the Constitution in 1971 added a new clause, Article 31 C, to
the Constitution. Article 31 C was of a drastic character. The avowed objective underlying
Article 31-C was to usher in the country at an early date the era of a socialist pattern of
society. Article 31-C had two parts. The first part protected a law giving effect to the policy of
the state towards securing the principles specified in Articles 39 (b) and (c) from being
challenged on the ground of infringement of the Fundamental Rights under Article 14, 19 and
31. The second part of Article 31 C originally sought to oust the jurisdiction of the courts to
find out whether the law in question gave effect to the principles of Articles 39 (b) and 39 (c).
Minerva Mills Vs Union of India is one of the omnipotent judgement related to the use of
article 31-C. In Minerva Mills Vs Union of India Chandrachud, C.J, said that Fundamental
Rights are not an end in themselves but are the means to an end. The end is specified in the
Directive Principles
42ND Amendment Act, 1976:
It was enacted during the period of internal emergency. It was passed by Parliament on
November 11, 1976 and received Presidential assent on December 18, 1976.

The Amendment established beyond doubt the supremacy of Parliament over the other wings
of Government; gave the Directive Principles precedence over the Fundamental Rights;
enumerated for the first time a set of ten Fundamental Duties. It further imposed limits on the
power and jurisdiction of the judiciary; raised the term of the Lok Sabha and the Vidhan
Sabha from five to six years; authorised the use of Central armed forces in any State to deal

with law and order problems, made the President bound by the advice of the Council of
Ministers and envisaged the establishment of administrative tribunals for service matters of
Government employees and also other tribunals for economic offences. The Act also clearly
laid down that no Constitutional Amendment could be questioned in any court of law . It was
added with the provision that there should be healthy development of children in our society,
there should be equal justice and the poor should be provided with free legal aid. The citizen
should protect and improve the environment and they should safeguard their environments
and national monuments. Inclusion of Article 48-A was the formidable one in the history of
Directive Principles. It states that Protection and improvement of environment and
safeguarding of forests and wild life The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.
-

44TH Amendment Act, 1978:

It depicted that the government should minimise inequalities in income, facilities, status, and
opportunities between rich and poor. he Constitution (45 th Amendment) Bill, re-numbered as
the 44th Amendment came into force on April 30, 1979, when the President gave his assent.
The Act removes major distortions in the Constitution introduced during the Emergency. The
duration of the Lok Sabha and State Legislative Assemblies has been reduced from six to five
yearsthe normal term which was extended during the Emergency under the 42nd
Amendment to achieve some political purposes. The Right to Property ceases to be a
Fundamental Right and becomes only a legal right according to the Constitution 44th
Amendment. The Act also extends, for the first time since independence, constitutional
protection for publication of the proceedings of Parliament and State Legislatures, except in
cases where it is proved to be malicious. Another important feature of the Act is that any
proclamation of Emergency need henceforward, be issued by the President only after
receiving the advice of the Cabinet as a whole in writing. The President will not be called
upon to act on the basis of advice by the Prime Minister on his own without consulting his
Cabinet. Other safeguards provide that the proclamation will have to be adopted by a twothirds majority of the members of both Houses of Parliament within a month. The 44th
Amendment provides safeguards against future subversion of the Constitution for

establishing an authoritarian regime. It contains provisions which are designed to make it

impossible to impose the kind of emergency the country had experienced for 19 months.

86TH Amendment Act, 2002 [b]:

The 86th Amendment Act was one of the most highlighted amendment of all time because it
withheld serious issues underneath it. It made an inclusion of Article 45 in the Indian
constitution.
Article 45 of the Indian Constitution stated Provision for free and compulsory education for
children The State shall endeavour to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for all children until
they complete the age of fourteen years. The inclusion of this article was to take into
consideration the three objective:(a) to provide for free and compulsory education to children in the age group of 6 to 14 years
and for this purpose, a legislation would be introduced in Parliament after the Constitution
(Ninety-third Amendment) Bill, 200l is enacted;
b) to provide in article 45 of the Constitution that the State shall endeavour to provide early
childhood care and education to children below the age of six years; and
(c) to amend article 5lA of the Constitution with a view to providing that it shall be the
obligation of the parents to provide opportunities for education to their children

[b]What is 86th amendment? , http://righttoeducation.in/what-86th-amendment

97TH Amendment Act, 2011:

It is the latest amendment and this was to promote voluntary formation, autonomous
functioning, democratic control and professional management of cooperative society.
The Constitution (Ninety Seventh Amendment) Act 2011 relating to the co-operatives is
aimed to encourage economic activities of cooperatives which in turn help progress of rural
India. It is expected to not only ensure autonomous and democratic functioning of
cooperatives, but also the accountability of the management to the members and other
stakeholders.
The amendment of the Constitution to make it obligatory for the states to ensure autonomy of
cooperatives makes it binding for the state governments to facilitate voluntary formation,
independent decision-making and democratic control and functioning of the cooperatives. It
also ensures holding regular elections under the supervision of autonomous authorities, fiveyear term for functionaries and independent audit. Significantly, it also mandates that in case
the board is dissolved, the new one is constituted within six months. Such a constitutional
provision was urgently required as the woes of the cooperative sector are far too many, longlasting and deep-rooted to be addressed under the present lax legal framework However, it
fails to establish what constitutional amendments cant do in reviving institutions and may be
victim of rival political institutions at the state level as happened in case of 73rd amendments.
It is feared that state-level politicians will do to this amendment on cooperatives what they
did to the one on panchayats. Barring exceptions in a few sectors and states, the cooperative
sector, particularly cooperative credit societies numbering over 120 million, has for a long
time been in a shambles with all kinds of vested interests using them as personal fiefdoms
and

ladders

to

political

power

and

means

of

personal

aggrandisement.

Criticism of Directive Principles:

The DPSP were strongly criticized by several members of the Constituent Assembly. They
have since been criticized on the following grounds:
1)Lack of legal sanction: Though DPSP are fundamental in the governance of the country ,
they are expressly made non- justifiable. The courts of India have no power to enforce them.

But fundamental rights are justifiable and therefore , enforceable by the courts of Law. The
DPSP have been described by K.C.Wheare as a manifesto of aims and aspirations.
2) Vague and illogically arranged: Ivor Jennings has expressed that fundamental rights as
well as DPSP are based on no consistent philosophy According to Sreenivasan, the
formulation of the directives of the state policy can hardly be considered inspiring. It is both
vague and repetitive. The Directives are neither properly classified nor logically arranged.
The declaration mixes up relatively unimportant issues with the most vital, economic and
social questions.

DPSP LANDMARK CASES:

State of Kerala v N.M Thomas[3]:In N.M. Thomas, a governmental order granted provisional promotions to members of
Scheduled Castes and Scheduled Tribes who did not have the requisite qualifications to be
eligible for such promotion, along with a two year grace period for them to gain such
qualifications. This was challenged. The key contention of the aggrieved parties was that the
classification was clearly void under Articles 16(1) and (2), and not covered by Article 16(4).
Under existing precedent, this ought to have been a simple case. If Article 16(4) did not
apply, then special provisions for SCs and STs clearly did violate Articles 16(1) and (2) In
State of Kerala v N.M Thomas Court gave verdict that : There is no anti-thesis between
Fundamental Rights and Directive Principles and are supplement the other. Directive
Principles and Fundamental Rights should be continued in harmony with each other and
every attempt should be made by the court to resolve any apparent inconsistencies between
them. the Chief Justice Ray, writing the judgment of the Court, held:
The rule of differentiation is enacting laws differentiating between different persons or
things in different circumstances. The circumstances which govern one set of persons or
objects may not necessarily be the same as those governing another set of persons or objects
so that the question of unequal treatment does not really arise between persons governed by
different conditions and different sets of circumstances.

Consequently:
The rule of equality within Articles 14 and 16(1) will not be violated by a rule which will
ensure equality of representation in the services for unrepresented classes after satisfying the
basic needs of efficiency of administration.

[3] AIR 1976 SC 490

Pathumma Vs State of Kerela[4]:-

This case was with respect to the Kerala Agriculturists' Debt Relief Act, 1970 s. 20-Scope ofSection 20 entitles debtors to recover properties sold to purchasers in execution of decree
passed in liquidating the debt owed by the agriculturist-Restriction if reasonable-If deprives
the creditors of their right to property-Sub s. 3- If purchaser of Property at auction is,
stranger, property to be returned to agriculturist debtor if purchase money paid within six
months-Sub-s. (6) a bona fide alienee purchasing from auction purchaser before the date of
the Act exempt from operation of the Act-Sub-s.(3)-If violative of Art. 14. The main thing
highlighted in the above case was inspired from the decision making in Keshavnanda Bharti
v. Union Of India that "In view of the principles adumbrated by this Court it is clear that the
Directive Principles form the fundamental feature and the social conscience of the
Constitution and the Constitution enjoins upon the State to implement these directive
principles. The, directives thus provide the policy, the guidelines and the end of socioeconomic freedom of Articles 14 and 16 are the means to implement the policy to achieve the
ends sought to be promoted by the directive principles. 'So far as the courts are concerned
where there is no apparent inconsistency between the directive principles contained in Part

III, which in fact supplement each other, there is no difficulty in putting a harmonious
construction which advances the object of the Constitution. Once this basic fact is kept in
mind, the interpretation of Articles 14 and 16 and their scope and ambit become as clear as
day. Thus in Pathumma Vs State of Kerela , Court has emphasized that the purpose of the
Directive Principles is to fix certain soico-eco goals for immediate attainment by bringing
about a non-violent social revolution. The constitution aims at bringing about synthesis
between Fundamental Rights and the Directive Principles.

[4]AIR 1978 SC 771

Olga Tellis v Bombay Municipal corporation[5]

A landmark decision in Indian legal history, the petitioners here challenged certain
provisions (Ss 312 to 314) of the Bombay Municipal Corporation Act, 1888 as being
violative of Articles 14, 19 and 21 of the Constitution. The first two provisions insisted that
the permission of the Municipal Commissioner had to be obtained before constructing
permanent or temporary constructions on public streets/ways. The last provision, which was
the most contentious one, gave the Commissioner the power to evict, without notice, such

occupants of public ways who had violated the other two provisions. The petitioners
consisted mostly of slum dwellers, pavement dwellers and some socially conscientious
journalists. The pavement dwellers had come to the city for purposes of employment in
various industries and had settled down on roads and pavements which gave them proximity
to their places of work. They contented that if they were evicted, it would amount to
depriving them off their livelihood and deprivation of livelihood was akin to deprivation of
life itself which was guaranteed by Art. 21. The court, in its oft quoted ruling affirmed that
right to life included right to livelihood and eviction from their dwellings was indeed a
deprivation of livelihood. Consequently, the decision to be made was whether the procedure
involved in such deprivation was in fact just fair and reasonable, in order to bring it within
the ambit of Art. 21. The court at the very outset declared that the provisions were not
arbitrary considering the fact that the occupants who would fall within the swathe of section
314 were illegal dwellers and they had created considerable public nuisance and obstruction.
The court then proceeded to understand the tenor of the impugned provision. The provision
merely says that the commissioner may without notice evict illegal occupants. It was only
an enabling provision. By necessary implication it meant that in ordinary course notice was to
be given and it was only in special and extraordinary circumstances that he could dispense
with the need for a notice Taking into consideration the special nature of the case, the court
went on to undertake the role of the commissioner. It ordered that the dwellers would be
evicted only one month after the end of the rainy season (date specified). The state was also
directed to give alternate accommodation to certain dwellers. This was not a condition
precedent for eviction and was merely to give effect to certain earlier assurances by the
government.
[5]AIR 1986 SC 180
Minerva Mills Vs Union of India[6]:This was one of the most important cases in the history of India:The Facts of the case were:On the writ petition under Article 32 of the Constitution of India the petitioners including
Minerva Mills Ltd. and some creditors challenged the legality of order for taking over the
management of textile undertaking of petitions. The writ petition had also included the
validity of Sick Textile Undertakings (Nationalisation) Act, 1974.

A Central Government appointed Committee made a full and complete investigation of the
affairs of the Minerva Mills Ltd. and after investigation the Central Government authorized
National Textile Corporation to take over the management of the undertaking of the company.
The main issues raised in this case were:1) Whether there was justification for taking over the management of the undertaking of the
company under section 18A of the Industries (Development and Regulation) Act, 1951?
(2) Whether there was foundation for the finding of the Central Government that where the
undertaking of the company was being managed in a manner highly detrimental to public
interest, the Government could not sanction a guarantee in such issues?
Judgement made in the above case:It was held that where the management of a textile undertaking which was being run in loss
and had to be closed down was taken over by the Central Government after conducting
enquiry on the ground that the affairs of the undertaking were being managed in a manner
highly detrimental to public interest, the decision to take over the management would not be
open to challenge on the ground that prior to taking over of the management, the State
Government had given financial assistance to the undertaking especially when the decision to
take over the management was not challenged before any court of law.
It was further held that Industries (Development and Regulation) Act, 1956 could not be said
to damage the basic structure of the Constitution.

[6]AIR 1980 SC 1789

Surya Prashad Dhungel v. Godawari Marble[7]:-

In the case of Surya Prashad Dhungel v. Godawari Marble Industries, Supreme Court used
Article 26(4) under the Directive Principles and policies of Constitution Of Kingdom of

Nepal 1990 which states that the state shall give priority to the protection of the environment
and prevent its further damage from various physical development activities by creating
awarness to the people on cleanly environment. The writ petitioner contended that the
Godawari Marble Industries was causing environmental pollution to the area and threatening
the life of the people. So he pleaded for the issuance of necessary order to protect the right to
life of the people. In this case, the Court observed that as it was one of the policies of the
State as envisaged in the Constitution under The Directive Principles and Policies of State
that the State shall give priority to the protection of the environment and also to the
prevention of its further damage due to physical development activities, the writ petitioner
had the locus standi in that case. The Supreme Court issued directives in the name of
respondents to enact necessary legislation for the protection of air, water , sound and
environment of Godawari area.

[7] 4 INT'L ENVTL. L. REP. 321 (2004) (Nepal Sup. Ct. 1995) (en banc) (referring to the principle of
sustainable development)

CONCLUSION

An important feature of the constitution is the Directive Principles of State Policy. Although
the Directive Principles are asserted to be "fundamental in the governance of the country,"
they are not legally enforceable. Instead, they are guidelines for creating a social order
characterized by social, economic, and political justice, liberty, equality, and fraternity as
enunciated in the constitution's preamble. The freedom fighters of Indias freedom movement
imagined that in the new era following political freedom, the people should have the all
opportunities for advancement in the social and economic spheres and that the state should
make suitable provisions for ensuring progress. The Directive Principles of State Policy, of
Part IV of the constitution, are directions given to the central and state governments to guide
the establishment of a just society in the country. The Directive Principles commit the State to
promote the welfare of the people by affirming social, economic and political justice, as well
as to fight economic inequality. If directives is not obeyed or implemented by the state, its
obedience or implementation cannot be secured through judicial proceedings. Directive
Principles mean that they will not be binding on the State; in any case, they would not be
enforceable in a court of law. It was the intention of the Constituent Assembly that in future
both the legislature and the executive should not merely pay lip service to these principles
enacted but they should be made the basis of all executive and legislative action that may be
taken in the matter of governance of the country. The Directive Principles commit the State to
raise the standard of living and improve public health. It should also organize agriculture and
animal husbandry on modern and scientific lines by improving breeds and prohibiting
slaughter of cows, calves, and draught cattle. The State must safeguard the environment and
wildlife of the country. The Directive Principles exhort the state to ensure that citizens have
an adequate means of livelihood, that the operation of the economic system and the
ownership and control of the material resources of the country subserve the common good,
that the health of the workers, including children is not abused, and that special consideration
be given to the pregnant women. Thus Directive Principle of State Policy though not
enforceable yet is very important for the survival of the soul of objective of our constitution.

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