Phase 1: The Constitutional Framework

Directive Principles of State Policy

The socio-economic obligations of the state and their conflict with Fundamental Rights.

Nature and Significance (Part IV, Articles 36-51)

Borrowing from the Irish Constitution, the DPSP represent the ideals that the State should keep in mind while formulating policies and enacting laws. Unlike Fundamental Rights, they are non-justiciable, meaning they are not legally enforceable by the courts for their violation. However, Article 37 states they are "fundamental in the governance of the country."

Classification of Directive Principles

While the Constitution does not formally classify them, based on their content, they are usually categorized into three types:

  • Socialistic Principles: Aim to establish a welfare state. Examples include Article 38 (promote welfare of people), Article 39 (equitable distribution of material resources, equal pay for equal work), and Article 41 (right to work, to education).
  • Gandhian Principles: Based on Gandhian ideology. Examples include Article 40 (organize village panchayats), Article 43 (promote cottage industries), and Article 47 (prohibit intoxicating drinks and drugs).
  • Liberal-Intellectual Principles: Reflect the ideology of liberalism. Examples include Article 44 (Uniform Civil Code), Article 45 (early childhood care and education), and Article 50 (separation of judiciary from executive).

Fundamental Rights vs. DPSP

Historically, there has been a conflict between FRs (individual rights) and DPSP (social good).

Minerva Mills Case (1980): The Supreme Court established that the Indian Constitution is founded on the bedrock of the balance between Part III and Part IV. Giving absolute primacy to one over the other would disturb the harmony of the Constitution. Therefore, they are supplementary and complementary to each other.

Fundamental Duties (Part IVA, Article 51A)

Added by the 42nd Amendment Act (1976) upon the recommendation of the Swaran Singh Committee. Originally 10 duties were added, and an 11th duty (to provide opportunities for education to children aged 6-14) was added by the 86th Amendment Act (2002).

Like DPSP, Fundamental Duties are non-justiciable. However, courts can use them to interpret the constitutionality of a law if it seeks to give effect to a duty.