Directive Principles and the Nature of the Indian State
Directive Principles and the Nature of the Indian State
Directive Principles give about 2 questions, usually paired with Fundamental Rights in a comparison. The examiner tests whether a candidate knows that these principles are not enforceable, where they came from, and which ones have already been turned into law.
What They Are
Directive Principles of State Policy are contained in Part IV, Articles 36 to 51. They were borrowed from Ireland and set out goals the State should aim at while making policy. Dr. Ambedkar described them as instruments of instructions to the government.
| Basis | Fundamental Rights | Directive Principles |
|---|---|---|
| Part | III | IV |
| Articles | 12 to 35 | 36 to 51 |
| Enforceable in court | Yes | No |
| Nature | Political democracy | Social and economic democracy |
| Against whom | Mainly the State | Duty of the State to apply |
The line to hold is that Directive Principles are fundamental in the governance of the country under Article 37, yet not enforceable by any court. Both halves of that sentence are examined.
✗ Directive Principles can be enforced through the courts | ✓ They cannot; Article 37 makes them fundamental in governance but non-justiciable
Important Principles
- Article 39A — equal justice and free legal aid.
- Article 40 — organisation of village panchayats.
- Article 44 — a uniform civil code for citizens.
- Article 45 — early childhood care and education for children below six years.
- Article 47 — raising nutrition and the standard of living, and prohibition of intoxicating drinks.
- Article 48A — protection of the environment, forests and wildlife.
Several principles have already been given effect by law. Article 40 became the 73rd Amendment on panchayats in 1992. Article 45 was reshaped in 2002, when the 86th Amendment moved education for the 6 to 14 group into Article 21A as a right and left the under-six group in Article 45.
That 2002 change is worth a moment. It shows a Directive Principle being upgraded into a Fundamental Right — the clearest illustration in the Constitution of how the two parts relate, and a favourite with examiners.
Bihar and Article 47
Bihar's prohibition policy, in force since 2016, is usually justified by reference to Article 47, which directs the State to work towards prohibiting intoxicating drinks and drugs injurious to health. This is the standard example of a state acting on a Directive Principle, and it is a natural question in a Bihar paper.
नीति निर्देशक तत्व न्यायालय से लागू नहीं कराए जा सकते।
TRE pointer: The comparison table is the answer to most questions here, so learn it as a table. Fix Part IV, Articles 36 to 51 and the Ireland source. Two examples carry unusual weight for this paper: Article 45 becoming Article 21A in 2002, which a teacher candidate should be able to explain, and Article 47 behind Bihar's prohibition policy.
60-Second Recap
- Directive Principles are in Part IV, Articles 36 to 51, borrowed from Ireland.
- Article 37 makes them fundamental in governance but not enforceable in court.
- Article 40 on village panchayats was given effect by the 73rd Amendment in 1992.
- Article 45 covered education to 14; in 2002 the 6 to 14 part became the right in Article 21A.
- Article 47 covers nutrition, living standards and prohibition of intoxicating drinks.
- Rights give political democracy; Directive Principles aim at social and economic democracy.
Frequently Asked Questions
If Directive Principles cannot be enforced, what use are they?
They set the goals a government is expected to work towards and give citizens a standard to judge it by. Many have been enacted into law over time, including panchayati raj and free legal aid, so their influence is real even though no court can compel obedience.
How did education move from Part IV to Part III?
Article 45 originally directed the State to provide free and compulsory education for children up to fourteen. The Eighty-sixth Amendment of 2002 made this a Fundamental Right for the six to fourteen group under Article 21A, leaving Article 45 to cover children below six.
Which Directive Principle lies behind Bihar's prohibition policy?
Article 47, which directs the State to raise nutrition and the standard of living and to bring about prohibition of intoxicating drinks and of drugs injurious to health, except for medicinal purposes. Bihar's liquor prohibition, in force since 2016, rests on it.
What is the basic difference between Part III and Part IV?
Part III gives individuals enforceable rights against the State and aims at political democracy. Part IV places non-enforceable obligations on the State and aims at social and economic democracy. The Supreme Court has repeatedly said the two should be read together.