Polity
Directive Principles and Fundamental Duties
Directive Principles: Features and Classification (Articles 36–51)
Part IV of the Constitution for CGPSC: features of DPSP, socialistic, Gandhian and liberal-intellectual directives, later amendments and Chhattisgarh examples.
Prerequisites
- Preamble and Salient Features — the Preamble promises social, economic and political justice. Part IV is the plan for delivering it.
- Fundamental Rights — Part III is the justiciable half of the same design. Read Overview: Articles 12 to 35 for the meaning of “State”, which Part IV borrows.
The Hook: Free Legal Aid at the District Court
Connect
Walk into any district court in Chhattisgarh, from Jagdalpur to Ambikapur, and you will find a District Legal Services Authority office offering a free lawyer to a poor accused or a tribal landholder. Nobody can go to court and demand that office as a Fundamental Right under Part IV. Yet it exists because Parliament obeyed a directive in Article 39A.
The same pattern repeats across the state: panchayats (Art 40), the midday meal and nutrition schemes (Art 47), the ban on cattle slaughter (Art 48), protection of Sirpur’s monuments (Art 49). If the Directive Principles cannot be enforced by any court, why does so much of the State’s work trace back to them?
Why it matters: Prelims asks which article contains which directive, which amendment added which directive, and which category (socialistic, Gandhian, liberal) an article belongs to. Mains asks about their relevance, implementation and conflict with Fundamental Rights.
Part IV at a Glance
Directive Principles of State Policy (राज्य के नीति निदेशक तत्व) are in Part IV, Articles 36–51.
| Feature | Detail |
|---|---|
| Source | Irish Constitution (1937), which in turn drew on the Spanish Constitution |
| Art 36 | “State” has the same meaning as in Part III (Art 12) |
| Art 37 | Directives “shall not be enforceable by any court”, but are “fundamental in the governance of the country”, and it is the duty of the State to apply them in making laws |
| Nature | Positive instructions to the State (do this), unlike Fundamental Rights, which are mostly negative (do not do this) |
| Addressed to | Union, State Governments and legislatures, local authorities and other authorities |
| Model | Ambedkar compared them to the “Instruments of Instructions” issued to the Governor-General and Governors under the Government of India Act, 1935 |
| Aim | A welfare State (लोक कल्याणकारी राज्य): social and economic democracy, not just political democracy |
What the critics said
- K.T. Shah in the Constituent Assembly: like “a cheque on a bank, payable at the convenience of the bank”.
- Defenders, including Ambedkar, called them a novel feature of the Constitution and argued that a government ignoring them would answer to the electorate.
- Granville Austin described Parts III and IV together as the “conscience of the Constitution”.
The Articles, One by One
| Article | Directive |
|---|---|
| 38 | Promote the welfare of the people by securing a social order based on social, economic and political justice. 38(2) (added by the 44th Amendment, 1978): minimise inequalities in income, status, facilities and opportunities |
| 39 | (a) adequate means of livelihood for all citizens; (b) ownership and control of the material resources of the community distributed to subserve the common good; (c) prevent concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) health and strength of workers, and children not abused; (f) children to develop in a healthy manner and in conditions of freedom and dignity (42nd Amendment, 1976) |
| 39A | Equal justice and free legal aid (42nd Amendment, 1976) |
| 40 | Organise village panchayats as units of self-government |
| 41 | Right to work, to education, and to public assistance in unemployment, old age, sickness and disablement, within the limits of economic capacity |
| 42 | Just and humane conditions of work and maternity relief |
| 43 | Living wage, decent standard of life, and cottage industries in rural areas (individual or co-operative basis) |
| 43A | Participation of workers in management of industries (42nd Amendment, 1976) |
| 43B | Promote co-operative societies: voluntary formation, autonomous functioning, democratic control, professional management (97th Amendment, 2011) |
| 44 | Uniform Civil Code (समान नागरिक संहिता) for citizens throughout the territory of India |
| 45 | Early childhood care and education for all children until they complete six years (substituted by the 86th Amendment, 2002; originally free and compulsory education up to 14) |
| 46 | Promote the educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections, and protect them from social injustice and exploitation |
| 47 | Raise the level of nutrition and standard of living, improve public health; endeavour to bring about prohibition of intoxicating drinks and drugs injurious to health, except for medicinal purposes |
| 48 | Organise agriculture and animal husbandry on modern scientific lines; preserve and improve breeds and prohibit slaughter of cows, calves and other milch and draught cattle |
| 48A | Protect and improve the environment; safeguard forests and wildlife (42nd Amendment, 1976) |
| 49 | Protect monuments, places and objects of artistic or historic interest declared to be of national importance |
| 50 | Separate the judiciary from the executive in the public services of the State |
| 51 | Promote international peace and security; just and honourable relations between nations; respect for international law and treaty obligations; settlement of disputes by arbitration |
Classification: Socialistic, Gandhian, Liberal-Intellectual
The Constitution does not classify the directives. The three-way grouping below is an academic classification used in standard textbooks, and some articles fall in more than one group.
graph TD
A["Directive Principles
Part IV, Arts 36–51"] --> B["Socialistic
welfare state, economic justice"]
A --> C["Gandhian
village, swadeshi, weaker sections"]
A --> D["Liberal-Intellectual
modern, rational state"]
B --> B1["38, 39, 39A, 41,
42, 43, 43A, 47"]
C --> C1["40, 43, 43B, 46,
47, 48"]
D --> D1["44, 45, 48, 48A,
49, 50, 51"]1. Socialistic principles (समाजवादी सिद्धांत)
Aim at a democratic socialist State with social and economic justice.
| Article | Socialistic content |
|---|---|
| 38 | Welfare State; minimise inequalities |
| 39 | Livelihood, distribution of resources, no concentration of wealth, equal pay, protection of workers and children |
| 39A | Equal justice, free legal aid |
| 41 | Right to work, education, public assistance |
| 42 | Humane work conditions, maternity relief |
| 43 | Living wage, decent standard of life |
| 43A | Workers in management |
| 47 | Nutrition, standard of living, public health |
2. Gandhian principles (गांधीवादी सिद्धांत)
Reflect Gandhi’s programme of village reconstruction.
| Article | Gandhian content |
|---|---|
| 40 | Village panchayats |
| 43 | Cottage industries in rural areas |
| 43B | Co-operative societies |
| 46 | Interests of SCs, STs and weaker sections |
| 47 | Prohibition of intoxicating drinks and drugs |
| 48 | Prohibit cow slaughter, improve breeds |
3. Liberal-intellectual principles (उदार-बौद्धिक सिद्धांत)
Reflect liberal, modern ideas of the State.
| Article | Liberal-intellectual content |
|---|---|
| 44 | Uniform Civil Code |
| 45 | Early childhood care and education |
| 48 | Agriculture and animal husbandry on modern scientific lines |
| 48A | Environment, forests, wildlife |
| 49 | Monuments |
| 50 | Separation of judiciary from executive |
| 51 | International peace |
Why Art 43, 47 and 48 appear twice
- Art 43: “living wage” is socialistic; “cottage industries” is Gandhian.
- Art 47: nutrition and public health are socialistic; prohibition is Gandhian.
- Art 48: “modern and scientific lines” is liberal; ban on cow slaughter is Gandhian.
In a statement-based MCQ, read which part of the article the option quotes.
New Directives Added by Amendments
timeline
title Amendments to Part IV
1976 : 42nd Amendment
: 39(f) children
: 39A legal aid
: 43A workers in management
: 48A environment
1978 : 44th Amendment
: 38(2) minimise inequalities
2002 : 86th Amendment
: Art 45 replaced (ECCE up to 6)
2011 : 97th Amendment
: 43B co-operative societies
The 97th Amendment after Rajendra N. Shah (2021)
In Union of India v. Rajendra N. Shah (20 July 2021), the Supreme Court struck down most of Part IXB (co-operative societies) as far as it dealt with State co-operatives, because the amendment had not been ratified by half the States under Art 368(2). The judgment did not affect Art 43B or the words “co-operative societies” in Art 19(1)(c). Both remain in the Constitution.
Directives Outside Part IV
Some non-justiciable directions sit in other Parts:
| Article | Directive | Part |
|---|---|---|
| 335 | Claims of SCs and STs to services and posts, consistent with efficiency of administration | XVI |
| 350A | Facilities for instruction in the mother tongue at the primary stage to children of linguistic minority groups | XVII |
| 351 | Promote the spread and development of Hindi | XVII |
Like Part IV directives, these are not enforceable as Fundamental Rights, but courts read them while interpreting laws.
How the Directives Have Been Implemented
| Directive | Implementation (examples) |
|---|---|
| Art 39(b), (c) | Land reforms, abolition of zamindari, land ceiling laws; nationalisation of banks (1969) |
| Art 39(d) | Equal Remuneration Act, 1976 (its provisions are carried into the Code on Wages, 2019) |
| Art 39A | Legal Services Authorities Act, 1987: NALSA, State and District Legal Services Authorities, Lok Adalats |
| Art 40 | 73rd Amendment (1992): constitutional status for panchayats. See Local Government in India |
| Art 41 | MGNREGA (2005; replaced from 1 July 2026 by the VB-G RAM G Act, 2025); old-age pensions |
| Art 42 | Maternity Benefit Act, 1961 |
| Art 43 | Minimum Wages Act, 1948; Khadi and Village Industries Commission |
| Art 44 | Not achieved nationally. Goa has a common civil code from Portuguese times. Uttarakhand brought its UCC into force on 27 January 2025, the first State to do so after independence. The Gujarat Assembly passed a UCC Bill in March 2026 (status as of 2026) |
| Art 45 | ICDS / Anganwadis for children under six |
| Art 46 | Reservation; tribal sub-plans; Scheduled Areas administration |
| Art 47 | Prohibition in some States (for example Gujarat; Bihar since 2016); nutrition schemes |
| Art 48 | State laws banning cattle slaughter |
| Art 48A | Wild Life (Protection) Act, 1972; Forest (Conservation) Act, 1980; Environment (Protection) Act, 1986 |
| Art 49 | Ancient Monuments and Archaeological Sites and Remains Act, 1958 |
| Art 50 | Code of Criminal Procedure, 1973 separated judicial magistrates from the executive |
Chhattisgarh Angle
Directive Principles in Chhattisgarh
- Art 46 and Scheduled Tribes: Scheduled Tribes are 30.62% of the state’s population (Census 2011), and large parts of the state are Fifth Schedule Areas. Chhattisgarh notified its PESA Rules on 8 August 2022, giving Gram Sabhas in Scheduled Areas a stronger role. See Tribes of Chhattisgarh.
- Art 40: three-tier panchayats under the state Panchayat Raj Act. See Local Government in Chhattisgarh.
- Art 48: the Chhattisgarh Agricultural Cattle Preservation Act, 2004 prohibits the slaughter of agricultural cattle, including cows, calves, bulls, bullocks and buffaloes.
- Art 39A: the Chhattisgarh State Legal Services Authority and District Legal Services Authorities run legal aid clinics and Lok Adalats.
- Art 48A and 49: forests cover a large part of the state; Sirpur, Bhoramdeo and other sites are protected monuments. See Forests and Wildlife of Chhattisgarh.
Memory Tricks
The 42nd Amendment four: 'Children, Courts, Workers, Woods'
39(f) Children · 39A Courts (legal aid) · 43A Workers in management · 48A Woods (environment and forests).
Gandhian set: 'Panchayat, Charkha, Co-op, Adivasi, Daaru-bandi, Gau'
40 Panchayat · 43 Charkha (cottage industries) · 43B Co-operatives · 46 Adivasi and weaker sections · 47 Daaru-bandi (prohibition) · 48 Gau (cow protection).
Liberal set ends the list: 44 to 51
Apart from 46 and 47, the last stretch of Part IV (44, 45, 48, 48A, 49, 50, 51) is liberal-intellectual: civil code, children, science-based farming, environment, monuments, independent judiciary, world peace.
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 45 — DPSP, early childhood care up to 6 years | vs | Art 21A — Fundamental Right, free education 6–14 years |
| Art 43 — cottage industries (original) | vs | Art 43A — workers in management (42nd) vs Art 43B — co-operatives (97th) |
| Art 48 — agriculture, animal husbandry, cow slaughter | vs | Art 48A — environment, forests, wildlife (42nd) |
| Art 39(d) — equal pay for equal work | vs | Art 43 — living wage |
| Art 38(2) — added by 44th (1978) | vs | 39(f), 39A, 43A, 48A — added by 42nd (1976) |
| Art 350A — mother-tongue instruction (outside Part IV) | vs | Art 351 — development of Hindi |
Common Mistakes
MCQ traps
- “The Constitution classifies DPSP into socialistic, Gandhian and liberal.” Wrong. The classification is academic; the text has no such headings.
- “DPSP are borrowed from the USSR.” Wrong. The source is the Irish Constitution. Fundamental Duties are traced to the USSR.
- “Art 38(2) was added by the 42nd Amendment.” Wrong. It was the 44th (1978).
- “Article 45 still promises free and compulsory education up to 14.” Wrong. Since the 86th Amendment (2002), that is Art 21A; Art 45 now covers children below six.
- “Equal pay for equal work is a Fundamental Right under Art 14.” It is a directive in Art 39(d). Courts have enforced it in some cases by reading it with Arts 14 and 16, but its textual home is Part IV.
- “Prohibition is a Fundamental Duty.” Wrong. It is a directive in Art 47.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- Which article says that the Directive Principles are “fundamental in the governance of the country”?
- Free legal aid is a directive under Article ______, inserted by the ______ Amendment.
- Name the three directives outside Part IV.
Answers
- Article 37.
- Article 39A, inserted by the 42nd Amendment (1976).
- Art 335 (claims of SCs and STs to services), Art 350A (mother-tongue instruction at the primary stage), Art 351 (development of Hindi).
Level 2: Prelims MCQs
Q1. Consider the following statements about the Directive Principles of State Policy:
- They are contained in Part IV, Articles 36 to 51, of the Constitution.
- The idea was borrowed from the Irish Constitution.
- Article 37 makes them enforceable through the High Courts under Article 226.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 1 and 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
(b) 1 and 2 only. Part IV covers Articles 36–51, and the model is the Irish Constitution of 1937. Statement 3 reverses Article 37, which says the directives “shall not be enforceable by any court”, although they are fundamental in governance.
Q2. Match List I (Article) with List II (Directive):
| List I | List II |
|---|---|
| A. Article 43A | 1. Protection of environment and forests |
| B. Article 48A | 2. Participation of workers in management |
| C. Article 50 | 3. Promotion of co-operative societies |
| D. Article 43B | 4. Separation of judiciary from executive |
- (a) A-2, B-1, C-4, D-3
- (b) A-3, B-1, C-4, D-2
- (c) A-2, B-4, C-1, D-3
- (d) A-1, B-2, C-3, D-4
Answer and explanation
(a) A-2, B-1, C-4, D-3. 43A (42nd Amendment) is workers’ participation in management. 48A (42nd) is environment and forests. Art 50 is in the original Constitution and was given effect by the CrPC, 1973. 43B (97th Amendment, 2011) concerns co-operative societies.
Q3. Which of the following Directive Principles is generally classified as Gandhian?
- (a) Uniform Civil Code for citizens
- (b) Separation of the judiciary from the executive
- (c) Promotion of cottage industries in rural areas
- (d) Promotion of international peace and security
Answer and explanation
(c) Promotion of cottage industries (Art 43). Gandhi’s programme of village self-reliance underlies Art 43’s cottage-industry clause. The UCC (Art 44), separation of judiciary (Art 50) and international peace (Art 51) are liberal-intellectual principles.
Q4. Which of the following were inserted into Part IV by the 42nd Constitutional Amendment, 1976?
- Equal justice and free legal aid
- Minimising inequalities in income, status and opportunities
- Protection and improvement of the environment
- Opportunities for the healthy development of children
Select the correct answer using the code given below:
- (a) 1 and 3 only
- (b) 1, 2 and 3 only
- (c) 2 and 4 only
- (d) 1, 3 and 4 only
Answer and explanation
(d) 1, 3 and 4 only. The 42nd Amendment added 39A (legal aid), 48A (environment), 39(f) (children) and 43A (workers in management). Statement 2 is Art 38(2), added by the 44th Amendment (1978), which is the trap.
Q5. The Chhattisgarh Agricultural Cattle Preservation Act, 2004 gives effect to which Directive Principle?
- (a) Article 46
- (b) Article 47
- (c) Article 48
- (d) Article 48A
Answer and explanation
(c) Article 48, which asks the State to organise agriculture and animal husbandry on modern lines and to prohibit the slaughter of cows, calves and other milch and draught cattle. Art 48A is the environment directive, Art 47 covers nutrition and prohibition, and Art 46 covers SCs, STs and weaker sections.
Level 3: Mains Answer Writing
Q1. (60 words) Why are the Directive Principles called “fundamental in the governance of the country” even though they are non-justiciable?
Model answer outline
- Intro: Article 37 makes Part IV non-justiciable but places a duty on the State to apply it in law-making.
- Body: (1) They set the goals of a welfare State: social and economic justice. (2) They guide legislation (land reform, legal aid, MGNREGA) and courts’ interpretation of Fundamental Rights. (3) Governments answer for them to the electorate.
- Conclusion: Their force is political and moral rather than legal, which is why Ambedkar compared them to instruments of instructions.
Q2. (150–200 words) Classify the Directive Principles of State Policy and assess how far they have been implemented, with examples from Chhattisgarh.
Model answer outline
- Intro: Part IV (Arts 36–51), drawn from the Irish model, sets out the economic and social programme of the Constitution. Textbooks group the directives into three categories.
- Body:
- Socialistic (38, 39, 39A, 41, 42, 43, 43A, 47): land reforms, Legal Services Authorities Act 1987, MGNREGA, Maternity Benefit Act.
- Gandhian (40, 43, 43B, 46, 47, 48): 73rd Amendment panchayats; khadi and village industries; reservation and tribal welfare; cattle protection laws.
- Liberal-intellectual (44, 45, 48, 48A, 49, 50, 51): CrPC 1973 (Art 50), environmental laws (48A), ICDS (45). The UCC (44) remains largely unimplemented nationally, with Uttarakhand’s 2025 code the main exception.
- Chhattisgarh: PESA Rules 2022 and Fifth Schedule administration (Art 46); three-tier panchayats (Art 40); Agricultural Cattle Preservation Act 2004 (Art 48); state and district legal services authorities (Art 39A).
- Gaps: inequality persists (Art 38), nutrition indicators lag (Art 47), and the civil code divides opinion (Art 44).
- Conclusion: Implementation has been substantial but uneven. Many directives later became justiciable through amendments (Art 21A) or judicial interpretation of Art 21.
Quick Revision Table
| Fact | Detail |
|---|---|
| Part / Articles | Part IV, Arts 36–51 |
| Source | Irish Constitution |
| Art 37 | Not enforceable by courts; fundamental in governance |
| Socialistic | 38, 39, 39A, 41, 42, 43, 43A, 47 |
| Gandhian | 40, 43, 43B, 46, 47, 48 |
| Liberal-intellectual | 44, 45, 48, 48A, 49, 50, 51 |
| 42nd Amendment (1976) | 39(f), 39A, 43A, 48A |
| 44th Amendment (1978) | 38(2) |
| 86th Amendment (2002) | Art 45 now ECCE up to 6 |
| 97th Amendment (2011) | 43B co-operative societies |
| Outside Part IV | 335, 350A, 351 |
| UCC (Art 44) | Uttarakhand in force 27 Jan 2025; Gujarat Bill passed March 2026; Goa’s older code |
| CG, Art 48 | Agricultural Cattle Preservation Act, 2004 |
| CG, Art 46 | PESA Rules notified 8 August 2022 |
Key Takeaways
Key Takeaways
- Part IV (Arts 36–51), modelled on Ireland, contains non-justiciable but fundamental directives (Art 37).
- The socialistic / Gandhian / liberal-intellectual grouping is academic; Arts 43, 47 and 48 straddle two groups.
- The 42nd Amendment added four directives (39(f), 39A, 43A, 48A); the 44th added 38(2); the 86th rewrote 45; the 97th added 43B.
- Many directives have been implemented through laws, and some (education, legal aid, environment) became enforceable through amendments or Art 21.
- Chhattisgarh’s PESA Rules (2022), panchayats and cattle preservation law are ready-made Mains examples.
What’s Next
- DPSP vs Fundamental Rights — how courts resolved the conflict between Part III and Part IV
- Fundamental Duties — Part IVA, the citizen’s side of the bargain
- Welfare Programmes — schemes that implement the socialistic directives
- Local Government in India — Art 40 made constitutional by the 73rd Amendment
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