Directive Principles of State Policy (Part IV)

• Instrument of Instructions: The DPSP (Articles 36-51) in Part IV are enumerated from the 'Instrument of Instructions' contained in the Government of India Act of 1935. They were borrowed from the Irish Constitution (which borrowed them from Spanish).
• Novel Features: Dr. B.R. Ambedkar described DPSP as 'Novel Features' of the Constitution. They aim at establishing Social and Economic Democracy in the country.
• Non-Justiciable Nature: Unlike Fundamental Rights, DPSP are non-justiciable (Article 37), meaning they are not legally enforceable by the courts for their violation. However, the Constitution itself declares that they are 'fundamental in the governance of the country'.
• Modern State Ideal: They embody the concept of a 'Welfare State' and not a 'Police State' which existed during the British era.

Though the Constitution does not formally classify them, DPSP are usually classified into three broad categories based on their content and direction:

1. Socialistic Principles: Aimed at providing social and economic justice and setting the path towards a welfare state (e.g., Articles 38, 39, 39A, 41, 42, 43, 43A, 47).
2. Gandhian Principles: Based on the Gandhian ideology, representing the programme of reconstruction enunciated by Gandhi during the national movement (e.g., Articles 40, 43, 43B, 46, 47, 48).
3. Liberal-Intellectual Principles: Reflect the ideology of liberalism (e.g., Articles 44, 45, 48, 48A, 49, 50, 51).

• Champakam Dorairajan Case (1951): SC ruled that FRs are superior to DPSP. DPSP have to run as subsidiary to FRs.
• Golaknath Case (1967): SC held that FRs cannot be amended for the implementation of DPSP.
• 25th Amendment (1971): Introduced Article 31C—gave precedence to Directive Principles in Article 39(b) and 39(c) over Fundamental Rights in Articles 14, 19, and 31.
• Kesavananda Bharati Case (1973): Upheld the first part of Article 31C but struck down the second part (saving it from judicial review).
• Minerva Mills Case (1980): SC stated that the Indian Constitution is founded on the bedrock of the balance between Part III (FRs) and Part IV (DPSP). Giving absolute primacy to one over the other disturbs the basic structure.

High-Yield Insights

1. Uniform Civil Code (Art 44): Currently, Goa is the only state in India that has a Uniform Civil Code (inherited from the Portuguese system).
2. Article 45 & 86th Amendment: Originally Art 45 covered education for 6-14 years. The 86th Amendment made it a Fundamental Right (Art 21A) and changed Art 45 to Early Childhood Care (below 6 years).
3. Directives Outside Part IV: There are some directives outside Part IV too, like Article 335 (Claims of SCs/STs to services), Article 350A (Mother tongue instruction), and Article 351 (Development of Hindi language). These are also non-justiciable.
4. Suspension: DPSP cannot be suspended during an emergency because they are not 'enforceable rights' to begin with.