directive principles of state policy

Articles 36 to 51 set out the Directive Principles, drawn from the Irish Constitution. They include securing adequate means of livelihood, equal pay for equal work, prevention of concentration of wealth (Article 39), free legal aid (39A), a uniform civil code (44), free and compulsory education for children (45), protection of the environment (48A) and promotion of international peace (51).

Article 37 says they are not enforceable by any court but are fundamental in the governance of the country. Courts use them to interpret fundamental rights and to judge the reasonableness of restrictions. In Minerva Mills the Supreme Court held that Parts III and IV must be balanced; giving the DPSP absolute primacy over fundamental rights would damage the basic structure.

Example

Though Article 45 is a directive principle, the right to education was read into Article 21 and is now Article 21A.

In Indian law

• Articles 36 to 51, Constitution of India; Article 37 on non-justiciability
• Minerva Mills Ltd. v. Union of India, 1980 INSC 142

See also

equality before law · due process of law

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Micro and macro environment of business (Business Environment)
• Constitutional provisions regulating trade and competition (Competition Law)
• Constitution: meaning, kinds and constitutionalism (Constitutional Law I)
• Constitutional history, drafting and the Constituent Assembly (Constitutional Law I)
• Salient features of the Indian Constitution (Constitutional Law I)