ROLE & IMPORTANCE OF DIRECTIVE

PRINCIPLES OF STATE POLICY & FUNDAMENTAL

DUTIES

(Term paper towards the fulfilment of assignment in the subject of Constitutional

Governance-I)

SUBMITTED BY: SUBMITTED TO:

SHUBHAM DUTT, MR. ANAND KUMAR SINGH,

UG SEMESTER I, FACULTY OF LAW,

ROLL NO: 1286, NATIONAL LAW UNIVERSITY,

B.B.A, LL.B. (HONS.). JODHPUR.

NATIONAL LAW UNIVERSITY, JODHPUR

SUMMER SESSION

(JULY-NOVEMBER, 2015)
 ACKNOWLEDGEMENT

Upon the successful completion of this assignment, the author would like to take the

opportunity to express his immense gratitude to all those who have contributed to it, and

without whose combined efforts and guidance this project would not possibly have been

shaped as it has.

First and foremost, the author would like to convey his heartfelt gratitude to his teacher,

mentor and guide, Mr. Anand Kumar Singh, Faculty of Law, whose support and

encouragement helped steer the project in the desired direction, and provided the

indispensable impetus in the vision of the project. The project, as it has turned out in its

present form, is indubitably a result of the singularity of that vision.

The author is also grateful to all the members of the IT Staff and the Library Staff for

providing all the necessary facilities for carrying out his research work, and for rendering

their diligent services as and when required.

The author would like to express his special gratitude to his friends and batch-mates whose

support throughout the course of the project was absolutely essential to its eventual

completion. Last, but in no way the least, the author would like to express his earnest and

sincerest gratitude to his parents, for their unyielding faith, for their helpful advice as well as

their blessings, and for their unselfish love and presence. Without a doubt, this project would

not have come to fruition, and definitely not in time, had it not been for them.

The author is greatly obliged to all the above and to anybody who, despite the attempt of this

acknowledgment, may have been unintentionally excluded but was nonetheless imperative to

the realisation of this project.

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 TABLE OF CONTENTS

Acknowledgement ..................................................................................................................... 2

Table of Contents ....................................................................................................................... 3

Introduction ................................................................................................................................ 4

Directive Principles of State Policy ........................................................................................... 5

Role ........................................................................................................................................ 5

Importance ............................................................................................................................. 8

Fundamental Duties ................................................................................................................. 10

Role ...................................................................................................................................... 10

Importance ........................................................................................................................... 12

Conclusion ............................................................................................................................... 13

References ................................................................................................................................ 14

Books ................................................................................................................................... 14

Cases .................................................................................................................................... 14

3
 INTRODUCTION

The fact that the Indian Constitution was drafted in the mid-twentieth century gave an

advantage to its makers in so far as they could take cognisance of the various constitutional

processes operating in different countries of the world and thus draw upon a rich foundation

of human experience, wisdom, heritage and traditions in the area of governmental process in

order to fashion a system suited to the political, social and economic conditions in India.1

For instance, the Indian Federalism is influenced by the American, Canadian and Australian

Federalism. Fundamental Rights in India owe a great deal to the American Bill of Rights. The

influence of the British Constitutional Law, theories and practices on the Indian Constitution

is quite pervasive.

In much the same way, inspiration was drawn from the Irish Constitution in the shaping of

the Directive Principles of State Policy. These principles underline the philosophy of

Democratic Socialism to secure the lofty ideals set forth in the Preamble to the Constitution.

It was on the Soviet (the erstwhile USSR) model that Fundamental Duties were added to the

Indian Constitution, indicative of a socialist outlook, where enjoyment of rights is conditional

on the fulfilment of certain duties. Although the Directive Principles of State Policy and the

Fundamental Duties are not legally enforceable, they nonetheless play an important and

indispensable role in the smooth functioning of the government and its agencies and also the

citizens of India.

The role and importance of Directive Principles and Fundamental Duties is explored in great

detail throughout the course of this project.

1
Prof. S.R. Bhansali, The Constitution of India, Volume 1, First Edition, India Publishing House, 2007

4
 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 the executive intended to show the manner in which the State

should exercise its executive and legislative powers, and certain rights of the citizens which

shall not be enforceable like the Fundamental Rights.

The Directive Principles of State Policy set forth in Part IV enjoin upon the state the duty to

strive to protect, as effectively as it may, a social order in which justice, social, economic and

political, shall inform all the institutions of national life.

Article 37 provides that the Directive Principles of State Policy contained in Part IV of the

Constitution, in which Article 46 occurs, are fundamental to the governance of the country

and that it is the duty of the State to apply these principles in making laws. As said by Justice

Mustafa Fatal Ali in State of Kerala v. N.M. Thomas, 2 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.

Role

The Directive Principles are instructions or guidelines to the State for securing socio-

economic developmental objectives through its policies. The philosophy behind the

Directive Principles is that the State and its agencies are commanded to follow certain

fundamental principles while they frame their policies.

2
AIR 1976 SC 490 (at p. 548)

5
 In general, the Directive Principles aim at building a Welfare State. The Directive

Principles are not enforceable in a court of law, but are nevertheless fundamental in

the governance of the country.3

They instruct or direct that the State should provide facilities and opportunities to

ensure development and to eliminate all obstacles to development by appropriate

economic and social reforms so as to eradicate all social injustice.

Their purpose is to direct the state to carry resolutely the drive against poverty,

disease, hunger, squalor, backwardness, economic inequalities and social prejudices.

They place an ideal before the legislatures of India, and lay down a code of conduct

for the administrators of India. In short, the Directive Principles enshrine the

fundamentals for the realisation of which the state in India stands.4

Broadly speaking, the Directive Principles of State Policy may be categorised as

follows:

Directive Principles aimed at the establishment of a Welfare State, which

include, inter alia, directions to the State:

(i) To secure the right to work, education and public assistance in cases of

unemployment, old age, sickness, etc.;

(ii) To establish a Uniform Civil Code;

(iii) To promote the educational and economic interests of the weaker

sections of the people; and

(iv) To secure the improvement of public health.

Directive Principles related with cultural and educational matters, such as

Article 45, which declares that the State shall endeavour to provide within a
3
G.S. Pande, Constitutional Law of India, Ninth Edition, Allahabad Law Agency, 2003
4
Dr. Durga Das Basu, Introduction to the Constitution of India, 19th Edition (Throughly Revised) (Reprint),
Wadhwa and Company Law Publishers, 2007

6
 period of ten years from the commencement of the Constitution, for free and

compulsory education for all children until they attain the age of fourteen

years.

Directive Principles aiming to implement Gandhian principles, such as:

(i) Article 40- The State shall organise village panchayats as units of self

government;

(ii) Article 43- The State shall try to promote cottage industries;

(iii) Article 48- The State shall preserve and improve the breeds, and

prohibit the slaughter of, cows, calves, and other milch and draught

cattle.

Directive Principles related with International peace and security,

including Article 51 which declares that the State shall endeavour to, inter

alia:

(a) Promote international peace and security;

(b) Maintain just and honourable relations between nations; and

(c) Encourage settlement of international disputes by arbitration.

Other important Directive Principles of State Policy are as follows:

(a) To separate the judiciary from the executive;

(b) To organise agriculture and animal husbandry on scientific lines;

(c) To strive to minimise the inequalities in income, and endeavour to

eliminate inequalities in status, facilities and opportunities.5

5
P.M. Bakshi, The Constitution of India, Fifth Edition, Universal Law Publishing Co. Pvt. Ltd., 2002

7
Importance

They promote and protect an appropriate social, economic, cultural and political order

in democracy for development, taking into account the need for fuller responsibility

for human rights, fundamental freedoms as well as duties to the community.

They are aimed at ensuring greater social and economic reforms, and serve as a guide

to the State to institute laws and policies that help reduce the poverty of the masses

and eliminate social discrimination.

The Directive Principles now stand elevated to the stature of inalienable fundamental

human rights. Although they are legally non-enforceable, they nevertheless provide

guidance for the interpretation of fundamental rights.6

The Directive Principles provide the criteria with which we can judge the

performance of the government. These principles are assurances to the people. At the

same time, they are directions to the Government, both central and state.

The harmony and balance between the fundamental rights and the directive principles

is the essential feature of the basic structure of the constitution.

The real importance of Directive Principles is that they contain the positive or active

obligations of the State towards its citizens. If the Fundamental Rights guarantee a

political democracy in India, the Directive Principles ensure the eventual emergence

of an economic democracy to sustain the former.7

The ideals stated in the Preamble are reinforced through the Directive Principles of

State Policy which spell out in greater detail the socio-economic content of political

freedom and the concept of a welfare state. The Directive Principles thus supplement

the Preamble to the Constitution.

6
Ashoka Smokeless Coal India Pvt. Ltd. & Ors. v. Union of India, (2007) 2 SCC 640
7
Mahendra P. Singh, V.N. Shuklas Constitution of India, Tenth Edition (Reprint), Eastern Book Company
(EBC) Publishing Pvt. Ltd., 2003

8
 The Preamble to the Constitution read with Directive Principles in Articles 38, 42, 43,

46 and 48A promotes the concept of social justice. The aim of social justice is to

attain a substantial degree of social, economic and political equality.

The Preamble, the Fundamental Rights and the Directive Principles have been

characterised as the trinity of the Constitution.8

The Directive Principles and Fundamental Rights should be construed in harmony

(principle of harmonious construction) with each other and every attempt should be

made by the court to resolve any apparent inconsistency between them.9

The Fundamental Rights represent the civil and political rights and the Directive

Principles embody social and economic rights. Merely because the Directive

Principles are non-justiciable does not mean that they are of subordinate importance.10

Though these Directives are not enforceable by the Courts, the sanction behind them

is, in fact, political.11 The authorities of the State may not have to answer for the

breach of Directive Principles in a law court, but they will certainly have to answer

for them to the electorate at election time.

Directive Principles of State Policy and Fundamental Rights together constitute the

conscience of the Constitution, and represent the basic rights inherent in human

beings in this country.

8
Ahmedabad Municipal Corporation v. Nawabkhan Gulab Khan, AIR 1997 SC 152
9
State of Kerala v. N.M. Thomas, AIR 1958 SC 966
10
Ashoka Kumar Thakur v. Union of India, (2008) 6 SCC 1
11
Prof. Dr. M.C. Jain Kagzi, The Constitution of India, Volume 2, Sixth Edition (Thoroughly Revised, Enlarged
& Updated), India Law House, 2004

9
 FUNDAMENTAL DUTIES

Rights and duties are jural correlatives. The enjoyment of rights involves the fulfilment of

certain obligations. There can be no right without a corresponding duty, and vice versa.

Originally, in India, a rather disproportionate emphasis was placed on the rights of citizens as

against their duties, even though the traditions and temper of Indian thought through the ages

laid greater emphasis on duties (dharma).

No duties of citizens were incorporated in the original Constitution of India at the time of its

commencement in 1950. The Fundamental Duties of citizens were eventually added to the

Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran

Singh Committee that was constituted by the government earlier that year.12 Such duties are

generally not found in the constitutions based on western liberal traditions. They are

invariably found in the socialist constitutions. Fundamental Duties are inserted in Part IV A,

Article 51 A, just after the Directive Principles of State Policy.

Role

Article 51 A (Part IV A), which introduced Fundamental Duties, was incorporated

into the Indian Constitution in 1976 by the 42nd Amendment, in an attempt to balance

individual freedom with individual duties.

The incorporation of Fundamental Duties was primarily to regulate the behaviour of

the citizens and to bring about excellence in all the spheres of national life.

12
Arvind P. Datar, Commentary on the Constitution of India, Volume 1- Art. 1 to 212, Second Edition
(Thoroughly Revised and Enlarged) (Reprint), Wadhwa and Company Law Publishers Nagpur, 2010

10
 No democratic polity can ever succeed if the citizens are not willing to be active

participants in the process of governing by assuming responsibilities and discharging

certain duties.

The Fundamental Duties enjoin citizens to promote harmony and the spirit of

common brotherhood among all the people of India, transcending religious, linguistic

and regional or sectional diversities.

The Fundamental Duties are calculated to draw the attention of citizens towards the

duties they owe to the nation and to one another. These duties are defined as the moral

obligations of all citizens to help promote a spirit of patriotism and to uphold the unity

of India.

Fundamental Duties are obligatory in nature. However, there is no provision in the

Constitution for the direct enforcement of these duties.

They can be used for interpreting ambiguous statutes.13 The court may look at the

Fundamental Duties while interpreting equivocal statutes which admit of two or more

plausible constructions.

Since the Fundamental Duties were not added after Fundamental Rights but after the

Directive Principles, it is clear that the intention of the 42nd Amendment was to keep

these duties at par with the Directive Principles and not with Fundamental Rights.

While the directives are addressed to the State without any sanction, the duties are

addressed to the citizens, without any legal sanction for their violation.

The Fundamental Duties constitute a constant reminder to the citizens that they have

duties in building up a free, egalitarian, healthy and responsible society.

13
Mumbai Kamgar Sabha v. Abdulbhai, AIR 1976 SC 1455

11
Importance

In a vast country like India, constituting people of different races, castes, religions,

languages, and communities, the need for maintaining national unity and integrity is

of primary importance. It is in this context that the Fundamental Duties of the citizens

and, particularly, the duty to uphold and protect the sovereignty, unity and integrity of

our country, assume paramount importance. It reminds the citizens that rights cannot

exist without duties.

The Fundamental Duties are the foundations of human dignity and national character.

They serve as a source of inspiration for the citizens and promote a sense of discipline

and commitment among them. They create a feeling that the citizens are not mere

spectators but active participants in the realisation of national goals.

While determining the constitutionality of any law, if the court finds that it seeks to

give effect or legal sanction to any of the Fundamental Duties, it may consider such

law to be reasonable, and thereby save such law from unconstitutionality.14

Fundamental Duties have great importance because they reflect certain basic values

embodied in the Constitution, like patriotism, nationalism, humanism,

environmentalism, harmonious living, gender equality, scientific temper and spirit of

inquiry, and both individual and collective excellence.

It has been held that when the Courts are called upon to examine the reasonableness

of a legislative restriction on the exercise of a freedom, the Fundamental Duties

enunciated under Article 51A are of relevant consideration.15

Fundamental Duties provide a valuable guide and aid to the interpretation of

constitutional and legal issues.

14
M.P. Jain, Indian Constitutional Law, 7th Edition, LexisNexis (A Division of Reed Elsevier India Pvt. Ltd.),
2014
15
In re Ramlila Maidan Incident, (2012) 5 SCC 1

12
 CONCLUSION

As can be seen, the Directive Principles of State Policy as well as the Fundamental Duties are

indispensable to the governance of the country and its citizens. The Directive Principles,

though not legally enforceable, are guidelines for creating a social order characterised by

social, economic and political justice, along with liberty, equality and fraternity as enunciated

in the Preamble to the Constitution. The Directive Principles commit the State to promote the

welfare of the people by raising the standard of living, improving public health and fighting

to eliminate economic inequality.

A rather important task, and one involving considerable complexity, that governments today

are faced with is the reconciliation of the claims of individual citizens and those of the civic

society. To achieve this, it is essential to orient the individual citizen to be conscious of his

social responsibilities. Therefore, awareness of ones duties is as important, if not more, as

awareness of ones rights. This is where Fundamental Duties play an imperative role and gain

primary importance. The Fundamental Duties, incorporated in Part IV of the Constitution,

also do not have legal sanction but their sanctity is preserved by virtue of their inclusion in

the suprema lex or the supreme law of the land, viz., the Constitution of India.

The Supreme Court of India has taken the view that the Fundamental Rights must not be read

in isolation but must be read along with the Directive Principles and Fundamental Duties.16

The principle of harmonious construction, and later the relation between the three being

recognised as an essential feature of the Constitution, are clear indicators of the paramount

importance accorded to the Directive Principles as well as Fundamental Rights in the crucial

role that they play in the machinery that is the State in the Indian context.

16
Javed v. State of Haryana, (2003) 8 SCC 369

13
 REFERENCES

Books

Arvind P. Datar, Commentary on the Constitution of India, Volume 1- Art. 1 to 212,

Second Edition (Thoroughly Revised and Enlarged) (Reprint), Wadhwa and Company

Law Publishers Nagpur, 2010

M.P. Jain, Indian Constitutional Law, 7th Edition, LexisNexis (A Division of Reed

Elsevier India Pvt. Ltd.), 2014

Prof. S.R. Bhansali, The Constitution of India, Volume 1, First Edition, India

Publishing House, 2007

Mahendra P. Singh, V.N. Shuklas Constitution of India, Tenth Edition (Reprint),

Eastern Book Company (EBC) Publishing Pvt. Ltd., 2003

Prof. Dr. M.C. Jain Kagzi, The Constitution of India, Volume 2, Sixth Edition

(Thoroughly Revised, Enlarged & Updated), India Law House, 2004

P.M. Bakshi, The Constitution of India, Fifth Edition, Universal Law Publishing Co.

Pvt. Ltd., 2002

Dr. Durga Das Basu, Introduction to the Constitution of India, 19th Edition

(Throughly Revised) (Reprint), Wadhwa and Company Law Publishers, 2007

G.S. Pande, Constitutional Law of India, Ninth Edition, Allahabad Law Agency, 2003

Cases

Javed v. State of Haryana, (2003) 8 SCC 369

State of Kerala v. N.M. Thomas, AIR 1958 SC 966

Ashoka Kumar Thakur v. Union of India, (2008) 6 SCC 1

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