Pariksha SaathiLesson 4 of 10 · Indian Polity and Constitution
Directive Principles of State Policy and Fundamental Duties
Drafted with AI assistance and fact-checked on 28 October 2026; not yet read line by line by a human editor. Spotted a mistake? Tell us. Editorial standards & corrections
Nature of the Directives
Part IV (Articles 36 to 51) contains the Directive Principles of State Policy, borrowed from the Irish Constitution. Article 37 says they are not enforceable by any court but are fundamental in the governance of the country, and the State must apply them in making laws. Granville Austin described the Fundamental Rights and Directives together as the conscience of the Constitution. They resemble the Instrument of Instructions of the 1935 Act. The Constitution does not classify them, but writers group them as socialistic, Gandhian and liberal-intellectual.
Socialistic principles
Article 38 asks the State to secure a social order based on social, economic and political justice and, under Clause 38(2) added by the 44th Amendment (1978), to minimise inequalities in income. Article 39 covers adequate means of livelihood for all, distribution of material resources for the common good (39b), preventing concentration of wealth (39c), equal pay for equal work for men and women (39d), and opportunities for the healthy development of children (39f). Article 39A provides equal justice and free legal aid. Article 41 covers the right to work, to education and to public assistance in unemployment, old age, sickness and disablement; Article 42 just and humane conditions of work and maternity relief; Article 43 a living wage; Article 43A workers' participation in management; and Article 47 nutrition, the standard of living and public health.
Gandhian and liberal-intellectual principles
The Gandhian group includes Article 40 (organise village panchayats), Article 43 (promote cottage industries in rural areas), Article 43B (promote co-operative societies), Article 46 (promote the educational and economic interests of SCs, STs and weaker sections), Article 47 (prohibit intoxicating drinks and drugs injurious to health) and Article 48 (prohibit the slaughter of cows, calves and other milch and draught cattle). The liberal-intellectual group includes Article 44 (uniform civil code), Article 45 (early childhood care and education until 6 years), Article 48 (modern scientific agriculture and animal husbandry), Article 48A (protect the environment, forests and wildlife), Article 49 (protect monuments of national importance), Article 50 (separate the judiciary from the executive) and Article 51 (promote international peace and security).
Amendments to Part IV
The 42nd Amendment (1976) added four directives: Article 39(f), Article 39A, Article 43A and Article 48A. The 44th Amendment (1978) added Article 38(2). The 86th Amendment (2002) rewrote Article 45: it originally asked for free and compulsory education for all children up to 14 years, and once that became a Fundamental Right under Article 21A, Article 45 was changed to early childhood care and education below 6 years. The 97th Amendment (2011) added Article 43B.
Conflict with Fundamental Rights
In Champakam Dorairajan (1951) the Supreme Court held that the Directives must run subsidiary to the Fundamental Rights. In Golaknath (1967) it held that Parliament cannot amend Fundamental Rights even to implement Directives. The 24th Amendment (1971) reasserted Parliament's amending power, and the 25th Amendment (1971) inserted Article 31C, protecting laws that implement Article 39(b) and (c) from challenge under Articles 14, 19 and 31. Kesavananda Bharati (1973) upheld this but struck down the clause that barred courts from checking whether a law really gave effect to those directives. The 42nd Amendment (1976) extended Article 31C to all Directives, but Minerva Mills (1980) struck down that extension and held that harmony and balance between Fundamental Rights and Directives is part of the basic structure. So the Fundamental Rights prevail, except that laws implementing Article 39(b) and (c) cannot be challenged under Articles 14 and 19.
Directives in action
Measures taken to give effect to Directives include land reform laws, the 73rd Amendment on panchayats (Article 40), the Legal Services Authorities Act 1987 (Article 39A), the Environment (Protection) Act 1986 (Article 48A) and the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (Article 41); the Code of Criminal Procedure 1973 (since replaced by the Bharatiya Nagarik Suraksha Sanhita 2023, in force from 1 July 2024) separated the judiciary from the executive in the public services of the State (Article 50).
Fundamental Duties
Part IVA, with the single Article 51A, was added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee (1976), an idea taken from the former USSR. The Committee suggested 8 duties, but 10 were added; the 11th came with the 86th Amendment (2002). Citizens must abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; cherish the ideals of the freedom struggle; uphold the sovereignty, unity and integrity of India; defend the country and render national service when called upon; promote harmony and renounce practices derogatory to the dignity of women; preserve the heritage of our composite culture; protect the natural environment and have compassion for living creatures; develop the scientific temper, humanism and the spirit of inquiry and reform; safeguard public property and abjure violence; strive towards excellence; and, as parents or guardians, provide opportunities for education to children between 6 and 14 years. The duties apply only to citizens and are not directly enforceable, though laws such as the Prevention of Insults to National Honour Act 1971 enforce some of them, as the Verma Committee (1999) noted.
Key facts
- Article 37: Directive Principles are not enforceable by any court but are fundamental in the governance of the country.
- 42nd Amendment (1976) added four Directives: 39(f) healthy development of children, 39A free legal aid, 43A workers in management, 48A environment, forests and wildlife.
- Article 40 village panchayats, Article 44 uniform civil code, Article 48 cattle and modern agriculture, Article 50 separation of judiciary from executive, Article 51 international peace.
- Article 45 after the 86th Amendment (2002): early childhood care and education until 6 years; education for 6-14 years moved to Article 21A.
- 97th Amendment (2011): Article 43B (promote co-operative societies) plus the freedom to form co-operative societies in Article 19.
- Minerva Mills (1980): harmony and balance between Fundamental Rights and Directive Principles is a basic feature; the 42nd Amendment's extension of Article 31C struck down.
- Directives outside Part IV: Article 335 (claims of SCs and STs to services), Article 350A (mother-tongue instruction at the primary stage), Article 351 (development of Hindi).
- Fundamental Duties: Article 51A in Part IVA, added in 1976 on the Swaran Singh Committee's advice; 10 originally, the 11th (education of children of 6-14 years) added in 2002.
- Duty (g): protect the natural environment including forests, lakes, rivers and wildlife; duty (h): develop the scientific temper, humanism and the spirit of inquiry and reform.
- Sources: Directive Principles from Ireland; Fundamental Duties from the former USSR; Fundamental Duties apply only to citizens.
Quick revision
DPSP Part IV Arts 36-51, Irish source, Art 37 not justiciable; socialistic (38, 39, 39A, 41, 42, 43, 43A, 47), Gandhian (40, 43, 43B, 46, 47, 48), liberal (44, 45, 48, 48A, 49, 50, 51); 42nd Amendment added 39(f), 39A, 43A, 48A; Champakam 1951, Golaknath 1967, Kesavananda 1973, Minerva Mills 1980; Fundamental Duties Art 51A, Swaran Singh Committee 1976, 11th duty by 86th Amendment 2002.