Chapter 7 · Topic 7.3 · Prelims + Mains3 of 3
Directive Principles: Rights versus directives: seventy years of balancing
Key points
- Champakam Dorairajan (1951): DPSPs cannot override FRs → 1st Amendment (Art 15(4)). Golaknath (1967) → 24th and 25th Amendments (1971); Art 31C for Art 39(b), (c).
- Kesavananda (1973): upheld first part of Art 31C, struck the review bar. Minerva Mills (1980): FR–DPSP harmony is basic structure.
- Part IV changes: 42nd (39A, 43A, 48A, 39(f)); 44th (38(2)); 86th (Art 45 → Art 21A); 97th (43B). Prelims 2017: 43A (b).
- Property Owners Association (5 November 2024): Art 39(b) may include some private resources; Art 31C still in force.
8 PYQs 2016–2025
Prelims box: facts and traps
- DPSPs reflect the UDHR (1948) (Prelims 2020, d).
On this page (3 sections)
Rights versus directives: seventy years of balancing
Like a bicycle’s two wheels: rights and directives must both turn, and neither can be removed.
What happens when a law that carries out a Directive Principle cuts into a Fundamental Right? The tug of war went like this:
- State of Madras v Champakam Dorairajan (1951): Directive Principles cannot override Fundamental Rights; a communal reservation order in college admissions was struck down. Rights came first. Parliament replied with the 1st Amendment (Art 15(4)).
- Golaknath v State of Punjab (1967): Parliament cannot take away or abridge any Fundamental Right by amendment, even to give effect to Directive Principles. Parliament replied with the 24th and 25th Amendments (1971). The 25th inserted Art 31C: laws giving effect to Art 39(b) and (c) cannot be challenged under Arts 14, 19 and 31.
- Kesavananda Bharati v State of Kerala (1973): upheld the first part of Art 31C but struck down the clause that barred courts from checking whether the law really gave effect to the policy. Judicial review stays even for 39(b)–(c) laws.
- Minerva Mills v Union of India (1980): struck down the 42nd Amendment’s extension of Art 31C to all Directive Principles. Fundamental Rights and Directive Principles must be balanced; the harmony between them is part of the basic structure. Neither part can be made subordinate.
What UPSC asks: Prelims: Champakam, Golaknath, Kesavananda, Minerva; Art 31C (2021). Mains: harmony of FR and DPSP. Next likely angle: which DPSPs have become FRs (Art 21A from Art 45).
→ Fundamental Rights The other side of the balance.
Amendments that changed Part IV
| 1976 | 42nd Amendment | Added Art 39A (free legal aid), Art 43A (workers’ participation in management), Art 48A (environment, forests, wildlife); reworded 39(f) on children. |
| 1978 | 44th Amendment | Added Art 38(2): minimise inequalities in income, status, facilities and opportunities. |
| 2002 | 86th Amendment | Substituted Art 45: early childhood care and education until age six (free education for 6– 14 became Art 21A). |
| 2011 | 97th Amendment | Added Art 43B: promotion of co-operative societies. |
A favourite question (Prelims 2017): which principle did the 42nd Amendment add? Participation of workers in the management of industries (Art 43A). Equal pay for equal work, the right to work, and a living wage were in the original Constitution.
Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
- Equal pay for equal work for both men and women
- Participation of workers in the management of industries
- Right to work, education and public assistance
- Securing living wage and human conditions of work to workers
Show answer
Answer: (b) · UPSC official key
Memory aid: the 42nd added 3 + 1, “L-W-E plus children”: Legal aid (39A), Workers in management (43A), Environment (48A), and the reworded 39(f).
What UPSC asks: Prelims: articles added by the 42nd, 44th, 86th, 97th Amendments. Mains: rarely asked. Next likely angle: which amendment added which directive.
→ 42nd Amendment (1976) The amendment that touched Part IV most.
→ 86th Amendment (2002) How education moved from Art 45 to Art 21A.
Why they matter, and the criticism
The criticism. K.T. Shah called them a cheque payable at the convenience of the bank. Others said the principles:
- have no legal force;
- are arranged without a clear logic;
- could cause friction between the Centre and the States, or between the President and the government.
The real work they do.
- Courts read them alongside Fundamental Rights to judge whether a restriction is reasonable.
- Many have been made enforceable by statute.
- They give the opposition a yardstick to measure the government by, and voters a test for manifestos.
Prelims 2020: like the Preamble and the Fundamental Duties, the Directive Principles reflect the principles of the Universal Declaration of Human Rights (1948): the right to work, to social security, to education, and to just conditions of work.
Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? 1. Preamble 2. Directive Principles of State Policy 3. Fundamental Duties Select the correct answer using the code given below :
- 1 and 2 only
- 2 only
- 1 and 3 only
- 1, 2 and 3
Show answer
Answer: (d) · UPSC official key
Property Owners Association v State of Maharashtra (2024). A nine-judge bench held on 5 November 2024 that “material resources of the community” in Art 39(b) may include some privately owned resources, but not every private property. It also held that Art 31C, as upheld in Kesavananda Bharati, is still in force. Why it matters: the latest reading of Art 39(b) and Art 31C, useful for Mains questions on the FR–DPSP balance.
Mains frame: what they are (Art 37) → what has been achieved (examples) → where they lag (UCC, prohibition, living wage) → how courts use them (Minerva Mills balance) → a closing line on the welfare State.
What UPSC asks: Prelims: political theory of rights and welfare (2015, 2017). Mains: usefulness of DPSPs; implementation record. Next likely angle: laws that implement DPSPs (rural job guarantee: MGNREGA, replaced by the VB-G RAM G Act from 1 July 2026; RTE; food security).
Mains box: analysis and answer points
- Usefulness of DPSPs; FR–DPSP balance.
Practice
Prelims PYQs on this topic (8)
Consider the following pairs :
| Provision in the Constitution of India | Stated under
| I. Separation of Judiciary from the Executive in the public services of the State | The Directive Principles of State Policy
| II. Valuing and preserving of the rich heritage of our composite culture | The Fundamental Duties
| III. Prohibition of employment of children below the age of 14 years in factories | The Fundamental Rights
How many of the above pairs are correctly matched?
Answer (c) & explanation
All three pairs are correctly matched (c). Pair I is right: separation of the judiciary from the executive is Article 50, a Directive Principle. Pair II is right: valuing and preserving our composite culture is Article 51A(f), a Fundamental Duty. Pair III is right: no child below 14 may work in factories, mines or hazardous work under Article 24, a Fundamental Right. So options (a), (b) and (d) fail.
Notice related provisions: Article 21A gives free education for ages 6–14 (86th Amendment, 2002), and Article 51A(k) asks parents to educate their children. The Child Labour Amendment Act, 2016 banned all child labour below 14. Article 39(e) and (f) protect children too.
Article 45 (early childhood care, a DPSP) and Article 24 (a Fundamental Right) both talk about children. Keep them apart.
Answer as per the official UPSC answer key.
Under the Indian Constitution, concentration of wealth violates
Answer (b) & explanation
Concentration of wealth violates the Directive Principles (b). Article 39(c) directs the State to ensure that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. It is a Directive Principle of State Policy. Option (a) is wrong: the Right to Equality (Articles 14–18) deals with legal equality and discrimination. Option (c) is wrong: the Right to Freedom (Articles 19–22) covers speech, movement and life. Option (d) is wrong: the "concept of welfare" is a broad idea, not a constitutional provision.
Notice that the 25th Amendment (1971) added Article 31C to protect laws giving effect to Article 39(b) and (c). Directive Principles are not enforceable in court (Article 37).
Answer as per the official UPSC answer key.
In India, separation of judiciary from the executive is enjoined by
Answer (b) & explanation
A Directive Principle requires it (b). Article 50, in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State. The aim is that the same officers should not both run the administration and judge cases. The Code of Criminal Procedure, 1973 put this into effect by creating separate judicial magistrates, while executive magistrates handle law and order. The Preamble (a) does not mention it. The Seventh Schedule (c) divides subjects between the Centre and states. It is not merely a convention (d).
Notice that judicial independence and the separation of powers are part of the basic structure. The CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita in July 2024, which keeps this separation.
Answer as per the official UPSC answer key.
Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?
- 1. Preamble
- 2. Directive Principles of State Policy
- 3. Fundamental Duties
Select the correct answer using the code given below :
Answer (d) & explanation
All three reflect the UDHR (d). The Universal Declaration of Human Rights was adopted by the UN on 10 December 1948, while India's Constitution was being drafted. The Preamble (1) echoes its ideals of justice, liberty, equality and the dignity of the individual. Many Directive Principles (2) match its social and economic rights, such as the right to work, education, a living wage and humane conditions of work (Articles 39, 41–43). Article 29(1) of the UDHR says everyone has duties to the community, which matches the Fundamental Duties in Part IVA (3).
Notice that 10 December is Human Rights Day. India's Protection of Human Rights Act, 1993 created the NHRC, which follows the Paris Principles.
Answer as per the official UPSC answer key.
Which part of the Constitution of India declares the ideal of Welfare State?
Answer (a) & explanation
The Directive Principles declare the welfare state ideal (a). Part IV, the Directive Principles of State Policy, sets out the State's social and economic goals. Article 38 asks the State to promote the welfare of the people by securing a social order based on social, economic and political justice, and to reduce inequalities in income and status. Other articles cover livelihood, equal pay, health, education and help in old age. The Fundamental Rights (b) mainly limit the State. The Preamble (c) states broad ideals but does not set out the welfare state in detail. The Seventh Schedule (d) divides subjects.
Notice how welfare laws, such as MGNREGA, the Right to Education and the National Food Security Act, give legal force to DPSPs.
the Preamble speaks of justice, but the phrase "welfare of the people" lives in Article 38.
Answer as per the official UPSC answer key.
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Answer (c) & explanation
Article 21 and the freedoms in Part III imply it (c). In Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously held that privacy is a fundamental right. It is part of the right to life and personal liberty under Article 21, and also flows from the other freedoms in Part III, such as Articles 14 and 19. This overruled M.P. Sharma (1954) and Kharak Singh (1962). Option (a) links to equality and the 42nd Amendment, which have no such link. Option (b) wrongly uses untouchability (Article 17) and the DPSPs, which cannot be enforced. Option (d) wrongly uses child labour (Article 24).
Notice what followed: the Aadhaar judgment (2018), decriminalising homosexuality in Navtej Johar (2018), and the DPDP Act, 2023.
Answer as per the official UPSC answer key.
Write an answer
In 150 words, explain the significance of Directive Principles with one recent example.
Flashcards (4)
What did Champakam Dorairajan (1951)
hold? DPSPs cannot override Fundamental Rights.
What did Minerva Mills (1980) hold on FRs
and DPSPs? Their harmony and balance is part of the basic structure; the 42nd Amendment's extension of Art 31C to all DPSPs was struck down.
What did the nine-judge bench hold in
Property Owners Association (2024)? Not every private resource is a 'material resource of the community' under Art 39(b); Art 31C as upheld in Kesavananda survives.
Who called the DPSPs 'a cheque payable at
the convenience of the bank'? K.T. Shah.
Read more: related explainers
In the news
Next chapter · 8. Fundamental Duties →Fundamental Duties: Origin and the list of dutiesSyllabus: GS-II · Indian Constitution—historical underpinnings, evolution, features, amendments, s…