PPT: Directive Principles Notes | EduRev

Crash Course for UPSC aspirants

UPSC : PPT: Directive Principles Notes | EduRev

 Page 1


Lecture 10(Part 1) 
DPSP s
Prelims 2020 Crash Course 
Capstone IAS Learning
Page 2


Lecture 10(Part 1) 
DPSP s
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Introduction to Directive Principles of State P olicy. 
Important features of Directive Principles. 
Opinions of various Constitutional experts. 
Constitutional provisions. 
Implementation of various Directives. 
Directives in other parts of the Constitution.
Page 3


Lecture 10(Part 1) 
DPSP s
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Introduction to Directive Principles of State P olicy. 
Important features of Directive Principles. 
Opinions of various Constitutional experts. 
Constitutional provisions. 
Implementation of various Directives. 
Directives in other parts of the Constitution.
Directive Principles of State P olicy
Part IV of the Constitution [Article 36-51] contains Directive 
Principles of State P olicy. 
These directives are non-enforceable in Courts and do not create 
any justi?able rights in favour of the individual. 
Despite this fact, it is the duty of the State to follow these principles 
both in the matters of administration as well as in the making of laws. 
They embody the object of the State under the republican 
Constitution, namely, that it is to be a ‘welfare State’ and not a mere 
‘P olice State’. 
Most of these directives aim at the establishment of the economic 
and social democracy which is pledged for in the Preamble.
Page 4


Lecture 10(Part 1) 
DPSP s
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Introduction to Directive Principles of State P olicy. 
Important features of Directive Principles. 
Opinions of various Constitutional experts. 
Constitutional provisions. 
Implementation of various Directives. 
Directives in other parts of the Constitution.
Directive Principles of State P olicy
Part IV of the Constitution [Article 36-51] contains Directive 
Principles of State P olicy. 
These directives are non-enforceable in Courts and do not create 
any justi?able rights in favour of the individual. 
Despite this fact, it is the duty of the State to follow these principles 
both in the matters of administration as well as in the making of laws. 
They embody the object of the State under the republican 
Constitution, namely, that it is to be a ‘welfare State’ and not a mere 
‘P olice State’. 
Most of these directives aim at the establishment of the economic 
and social democracy which is pledged for in the Preamble.
Important F eatures of DPSP s
1. DPSP s compared with Fundamental Rights: 
While FRs constitute limitations upon State action, DPSP s are in the nature of instruments 
of Instruction to the government of the day to do certain things and to achieve certain ends 
by their actions. 
DPSP s can only be implemented through a legislation. 
Unlike FRs, DPSP s are non-justiciable rights. 
2. Con?ict between FRs and DPSP s: 
Fundamental Rights are enforceable by the Courts as mentioned in Article 32 & 226(1) and 
the courts are bound to declare as void any law that is inconsistent with Fundamental Rights. 
Article 37, clearly mentions that the courts cannot declare as void any law which is otherwise 
valid, on the grounds that it contravenes any of the ‘Directives’. 
Therefore, in 1951, the Supreme Court opined that in case of con?ict between Part III and IV 
of the Constitution, the former shall prevail.
Page 5


Lecture 10(Part 1) 
DPSP s
Prelims 2020 Crash Course 
Capstone IAS Learning
What will we cover
Introduction to Directive Principles of State P olicy. 
Important features of Directive Principles. 
Opinions of various Constitutional experts. 
Constitutional provisions. 
Implementation of various Directives. 
Directives in other parts of the Constitution.
Directive Principles of State P olicy
Part IV of the Constitution [Article 36-51] contains Directive 
Principles of State P olicy. 
These directives are non-enforceable in Courts and do not create 
any justi?able rights in favour of the individual. 
Despite this fact, it is the duty of the State to follow these principles 
both in the matters of administration as well as in the making of laws. 
They embody the object of the State under the republican 
Constitution, namely, that it is to be a ‘welfare State’ and not a mere 
‘P olice State’. 
Most of these directives aim at the establishment of the economic 
and social democracy which is pledged for in the Preamble.
Important F eatures of DPSP s
1. DPSP s compared with Fundamental Rights: 
While FRs constitute limitations upon State action, DPSP s are in the nature of instruments 
of Instruction to the government of the day to do certain things and to achieve certain ends 
by their actions. 
DPSP s can only be implemented through a legislation. 
Unlike FRs, DPSP s are non-justiciable rights. 
2. Con?ict between FRs and DPSP s: 
Fundamental Rights are enforceable by the Courts as mentioned in Article 32 & 226(1) and 
the courts are bound to declare as void any law that is inconsistent with Fundamental Rights. 
Article 37, clearly mentions that the courts cannot declare as void any law which is otherwise 
valid, on the grounds that it contravenes any of the ‘Directives’. 
Therefore, in 1951, the Supreme Court opined that in case of con?ict between Part III and IV 
of the Constitution, the former shall prevail.
3.   Exceptions to superiority of FRs over DPSP s: 
Article 31-C, introduced in 1971, says that any law made to implement ‘directives’ under Article 39(b)-
(c), shall be immune from ‘unconstitutionality’ on the ground of contravention to FRs under Article 14 
& 19. 
42nd Constitutional Amendment expanded this status to all DPSP s. 
This attempt of giving primacy to DPSP s over FRs was foiled in ‘Minerva Mills case’, where the Apex 
Court again con?ned that status to only Article 39(b)-(c). 
In Minerva Mills case, the Supreme Court also reiterated the ‘doctrine of harmonious construction’. 
“fundamental rights and directive principles are the two wheels of the chariot as an aid to make social 
and economic democracy a truism”. 
The Court also held that outside these two FRs[Article 14 & 19], the general proposition of Supreme 
Court in 1951 shall persist. 
4.   Sanctions behind the Directives: 
There is no legal sanction behind DPSP s, as Article 37 clearly says, “The provisions contained in this 
Part shall not be enforceable by any court”. 
But the sanction behind them is political in nature. As Dr. Ambedkar observed in the Constituent 
Assembly, “if any government ignores them, they will certainly have to answer for them before the 
electorate at the election time”.
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