Directive Principles of State Policy (Articles 36 to 51)
Part IV of the Constitution, Articles 36 to 51, holds the Directive Principles of State Policy. Article 37 says they "shall not be enforceable by any court", and in the same sentence calls them "fundamental in the governance of the country". In this lesson you will learn what the Directive Principles contain, how they differ from the Fundamental Rights, and which article is which.
Guess first
Some goals in the Constitution are rights you can take to a court; others are directions to the State. Guess which side this one is on.
Guess first: which of these is a Directive Principle in Part IV, not a Fundamental Right?
Show answer
Correct answer: A
"Uniform civil code for the citizens" is the title of Article 44, in Part IV, the Directive Principles of State Policy.
Option B: Abolition of Untouchability is Article 17, a Fundamental Right in Part III.
Option C: The right to education for children of six to fourteen years is Article 21A, a Fundamental Right in Part III.
Option D: Freedom of conscience is Article 25, a Fundamental Right in Part III.
Hint: Three of these are in Part III. Which one is a direction to the State?
An everyday picture
Think of a school with a rule book and a board of goals.
Fundamental Rights and Directive Principles are like a school's rule book and its goals board:
The rule book Part III, Fundamental Rights
a broken right can be taken to the Supreme Court (Article 32)
The goals board Part IV, Directive Principles
"shall not be enforceable by any court" (Article 37), but every new rule must follow them
The picture has one limit: a school may take a goal off its board. The Directive Principles stay in the Constitution, and Article 37 makes applying them in making laws "the duty of the State".
See it: what Part IV contains
NCERT says the chapter on Directive Principles "lists mainly three things": goals, certain rights apart from the Fundamental Rights, and certain policies. Matched with the titles in the Constitution's contents:
| NCERT's kind | Examples | Article (title in the contents) |
|---|---|---|
| Goals | welfare of the people; international peace | 38 (welfare of the people); 51 (international peace and security) |
| Rights the courts do not enforce | right to work; early childhood care and education | 41 (right to work, to education and to public assistance); 45 (early childhood care and education to children below the age of six years) |
| Policies | uniform civil code; village panchayats | 44 (uniform civil code for the citizens); 40 (organisation of village panchayats) |
Article 39A (equal justice and free legal aid) and Article 48A (environment, forests and wild life) were inserted by the 42nd Amendment Act, 1976. Article 45 was substituted by the 86th Amendment Act, 2002.
Article 21A, a Fundamental Right, is for children of six to fourteen years. Article 45, a Directive Principle, asks the State to provide early childhood care and education for all children "until they complete the age of six years".
Find the rule
Three quick checks on Part IV.
Which article says that the provisions of Part IV "shall not be enforceable by any court"?
Show answer
Correct answer: A
Article 37: "The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country".
Option B: Article 36 is the definition: it says what "the State" means in Part IV.
Option C: Article 32 is the right to move the Supreme Court for the enforcement of the Fundamental Rights.
Option D: Article 13 makes laws inconsistent with the Fundamental Rights void.
Hint: It comes right after the definition in Article 36.
Which article asks the State to secure a uniform civil code for the citizens?
Show answer
Correct answer: A
Article 44: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
Option B: Article 45 is early childhood care and education for children below the age of six years.
Option C: Article 40 is the organisation of village panchayats.
Option D: Article 48A is the protection and improvement of environment, forests and wild life.
Hint: Its title ends with the words "for the citizens".
Which article asks the State to organise village panchayats as units of self-government?
Show answer
Correct answer: B
Article 40: "The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government."
Option A: Article 43 is about a living wage for workers.
Option C: Article 48 is the organisation of agriculture and animal husbandry.
Option D: Article 50 is the separation of judiciary from executive.
Hint: Panchayats come early in Part IV, right after equal justice and free legal aid.
Name it: directions, not commands to a court
NCERT puts the difference in one line: Fundamental Rights "restrain the government from doing certain things" while Directive Principles "exhort the government to do certain things". It calls the Directive Principles "non-justiciable", that is, "parts of the Constitution that cannot be enforced by the judiciary".
The rule: Part IV, Articles 36 to 51, tells the State what to aim for. No court can enforce it (Article 37), yet its principles are "fundamental in the governance of the country" and the State must apply them in making laws.
NCERT's table of borrowed features lists the "Irish Constitution" beside the "Directive Principles of State Policy".
Worked, half-done, solo
Question
Sort three aims: free and compulsory education for children of six to fourteen years, early childhood care for children below six, and free legal aid. Which can a court enforce?
Solution
- Find each aim's article
Article 21A (six to fourteen years), Article 45 (below six) and Article 39A (free legal aid).
- Find each article's Part
Article 21A is in Part III; Articles 45 and 39A are in Part IV.
- Apply Article 37
Part IV "shall not be enforceable by any court"; Part III rights can be taken to the Supreme Court under Article 32.
Answer: Only education for children of six to fourteen years (Article 21A) can be enforced by a court; Articles 45 and 39A are Directive Principles.
Watch out: the same subject, education, sits in both Parts: Article 21A in Part III and Article 45 in Part IV.
Now finish one that is half done.
Half done: Article 39A's footnote reads "Ins. by s. 8, ibid.", and the footnote just above it names the Constitution (Forty-second Amendment) Act, 1976. "Ibid." means the same Act as the footnote before. Which Amendment inserted Article 39A?
Show answer
Correct answer: A
"Ibid." points to the Act named just before it, the Constitution (Forty-second Amendment) Act, 1976. Article 39A was inserted by its section 8.
Option B: The 44th Amendment Act, 1978 omitted Article 31; it did not insert Article 39A.
Option C: The 86th Amendment Act, 2002 inserted Article 21A and substituted Article 45.
Option D: The 52nd Amendment Act, 1985 added the Tenth Schedule.
Hint: Read the Act named in the footnote above "ibid.".
And one on your own.
Which of these is NOT in Part IV, the Directive Principles of State Policy?
Show answer
Correct answer: C
Abolition of titles is Article 18, a Fundamental Right in Part III. The other three are Articles 49, 43 and 48, all in Part IV.
Option A: Protection of monuments and places and objects of national importance is Article 49, in Part IV.
Option B: Living wage, etc., for workers is Article 43, in Part IV.
Option D: Organisation of agriculture and animal husbandry is Article 48, in Part IV.
Hint: One of these is a right that removes something; the others are tasks for the State.
The traps
- Enforceable or not: Part IV "shall not be enforceable by any court" (Article 37); Part III rights can be enforced in the Supreme Court through Article 32.
- Article 21A or Article 45: six to fourteen years is the Fundamental Right of Article 21A; below six is the Directive Principle of Article 45.
- Source: NCERT links the Directive Principles to the Irish Constitution, not the American one.
- Added later: Articles 39A and 48A came with the 42nd Amendment Act, 1976.
- Not unimportant: Article 37 calls these principles "fundamental in the governance of the country".
Neha wrote: "The Directive Principles were taken from the American Constitution." Which constitution does NCERT's table name beside the Directive Principles?
Show answer
Correct answer: C
NCERT's table of borrowed features lists "Irish Constitution" with "Directive Principles of State Policy".
Option A: NCERT lists the United States Constitution for the Charter of Fundamental Rights.
Option B: NCERT lists the British Constitution for features such as first past the post.
Option D: NCERT lists the Canadian Constitution for a quasi-federal form of government.
Hint: Think of the country NCERT names for Part IV, not for Part III.
Mixed check
In which Part of the Constitution are the Directive Principles of State Policy?
Show answer
Correct answer: D
The contents read "PART IV DIRECTIVE PRINCIPLES OF STATE POLICY", beginning with Article 36.
Option A: Part III is the Fundamental Rights.
Option B: Part IVA is the Fundamental Duties, Article 51A.
Option C: Part V is The Union.
Hint: It comes right after the Fundamental Rights.
Quick reference
Directive Principles of State Policy: Part IV, Articles 36 to 51
- Article 37
- not enforceable by any court yet fundamental in governance; the State must apply them in making laws
- Article 38
- goal a social order for the welfare of the people
- Article 39A
- equal justice and free legal aid inserted by the 42nd Amendment Act, 1976
- Article 40
- village panchayats units of self-government
- Article 41
- right to work, to education and to public assistance in certain cases
- Article 44
- uniform civil code for the citizens, throughout India
- Article 45
- early childhood care and education until children complete six years; substituted by the 86th Amendment Act, 2002
- Article 48A
- environment, forests and wild life inserted by the 42nd Amendment Act, 1976
- Article 50
- separation of judiciary from executive in the public services of the State
- Article 51
- international peace and security a goal
- NCERT
- Fundamental Rights restrain; Directive Principles exhort the source NCERT names: the Irish Constitution
Why it works: Part III tells the State what it must not do to a person; Part IV tells it what to work towards for everyone.
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