Indian Constitution - Directive Principles & Federal Structure

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Directive Principles of State Policy (DPSP) — MHC-CET (Law) Quick Recall

The DPSP are in Part IV of the Constitution (Articles 36–51). They are non-justiciable (cannot be enforced in courts), but are fundamental in governance. They guide the State in making laws and policies.

The 4 Key DPSP Categories:

1. Socialistic — Article 38 (social order), Article 39 (means of production), Article 41 (right to work), Article 42 (just conditions of work)
2. Liberal-Progressive — Article 44 (Uniform Civil Code), Article 45 (free and compulsory education), Article 48 (agriculture and animal husbandry)
3. Gandhian — Article 40 (panchayati Raj), Article 43 (labour welfare), Article 43B (co-operative societies)
4. International — Article 51 (promotion of international peace)

Federal Structure Key Points:

• India is a quasi-federal Constitution (not purely federal)
• Article 1 — India is a Union of States
• Article 245 — Distribution of legislative powers between Union and States
• Seventh Schedule — Union List (99 subjects), State List (61 subjects), Concurrent List (52 subjects)
• Article 256–257 — Control of Union over States in financial/administrative matters
• Article 368 — Amendment power

⚡ Exam Tip: Remember: DPSP are directive (guiding) and non-justiciable (not enforceable in court). However, some have been made enforceable via judicial interpretation linking them to Fundamental Rights.

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Directive Principles of State Policy (Articles 36–51)

Nature and Significance

DPSP are ideals that the State should keep in mind while framing laws and policies. They are non-justiciable — citizens cannot approach courts for their enforcement. However, they are fundamental to governance and the courts give them due weight when interpreting laws.

The objective is to build a Welfare State — a state that actively works for social and economic welfare, not merely a police state that maintains law and order.

Classification of DPSP

1. Socialistic Principles (Articles 37, 38, 39, 41, 42)

• Article 38 — State to secure social order for promotion of welfare of people
• Article 39 — State to ensure means of production are not concentrated; equal justice and free legal aid
• Article 41 — Right to work, education, and public assistance in cases of unemployment, old age, sickness
• Article 42 — Just and humane conditions of work and maternity relief

2. Liberal-Progressive Principles (Articles 43, 44, 45, 47, 48)

• Article 44 — Uniform Civil Code (for all citizens regardless of religion) — this is the most discussed DPSP today
• Article 45 — Free and compulsory education for children up to 14 years (now implemented via Article 21A and RTE Act, 2009)
• Article 47 — Duty of State to raise nutrition and standard of living
• Article 48 — Organisation of agriculture and animal husbandry; prohibition of slaughter of cows and calves

3. Gandhian Principles (Articles 40, 43, 43A, 48A)

• Article 40 — Organisation of Village Panchayats (empowers rural self-government)
• Article 43 — Living wage and workers’ participation in management
• Article 43A (added by 42nd Amendment) — Workers’ participation in management of industries
• Article 48A — Protection of environment and safeguarding of forests and wildlife

4. International Principles (Article 51)

• Article 51 — Duty of State to promote international peace and secure respect for international law.

Relationship Between DPSP and Fundamental Rights

Key Principle: Fundamental Rights are superior to DPSP. When there is a conflict, Fundamental Rights generally prevail. However, courts have sometimes read DPSP to expand the scope of Fundamental Rights:

• In Consumer Education Centre v. Union of India (1992), the Supreme Court held that the right to legal aid flows from Articles 14 and 21 read with Article 39A.
• In Madhya Pradesh v. Rebati (2001), the Court linked the right to shelter with Articles 19(1)(g) and Article 21.
• The 42nd Amendment (1976) added a new provision stating that no law implementing DPSP shall be void on the ground of contravening Fundamental Rights under Articles 14, 19, or 21.

⚡ Exam Focus: Questions frequently test whether DPSP are enforceable. Remember: DPSP are non-justiciable. Only Article 32 (Fundamental Rights remedies) can be enforced in courts, not Part IV (DPSP).

Implementation of DPSP

Many DPSP have been implemented through legislation:

• Article 39(b & c) → Monopolies and Restrictive Trade Practices Act, 1969; Competition Act, 2002
• Article 40 → 73rd Amendment (Panchayati Raj Institutions)
• Article 43A → Industries (Development and Regulation) Act; various labour laws
• Article 45 → Right to Education Act, 2009 (now Samagra Shiksha Abhiyan)
• Article 48A → Environment Protection Act, 1986; Wildlife Protection Act, 1972

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Federal Structure of India

Nature: Quasi-Federal

India’s Constitution is quasi-federal (also called “federal with unitary bias”). Key features:

• Dual government system (Union and States)
• Written Constitution
• Distribution of powers
• Supremacy of Constitution
• BUT: Unitary features dominate — single citizenship, emergency provisions (Article 356), All-India Services, etc.

Justice Mehr Chand Mahajan described it as “a novel experiment in federalism where states are not sovereign but subordinate to the Union.”

Article 1 and 2

• Article 1 — India is a Union of States; the territory of India comprises States, Union Territories, and territories that may be acquired
• Article 2 — Parliament may admit new states or establish new states
• Article 3 — Parliament can form new states, increase/alter boundaries, diminish area of any state, but must refer to the President who shall refer the bill to the state legislature for expressing its views within a specified period.

⚡ Exam Focus: Note that Article 2 and Article 3 deal with formation of new states — Article 2 is for admission/establishment of new states; Article 3 is for alteration of existing states. Both require only a Parliamentary law (not a Constitutional Amendment under Article 368) unless it affects the boundaries of a state.

Distribution of Legislative Powers — Seventh Schedule

Union List (List I) — 99 Subjects: Key: Defence, Armed Forces, Atomic Energy, Foreign Affairs, War and Peace, Citizenship, Railways, Airways, Shipping, Communication, Currency, Banking, Insurance, Patents, Copyright, External Affairs, Intelligence, Census, Election Commission, High Courts, Supreme Court.

State List (List II) — 61 Subjects: Key: Police, Public Order, Health, Agriculture, Irrigation, Fisheries, Education (except higher education), Local Government, Land Revenue, Sales Tax (within State), Intoxicating liquors.

Concurrent List (List III) — 52 Subjects: Key: Criminal Law and Procedure, Civil Procedure, Marriage and divorce, Transfer of property, Trusts, Charities, Prevention of cruelty to animals, Drugs and poisons, Economic and social planning, Labour law, Education, Environment.

Residuary Powers — Belong to Parliament (Article 248; Article 245 explanation). Parliament can also legislate on any subject of State List in national interest or when Rajya Sabha passes a resolution (by 2/3 majority) declaring it in national interest.

Centre-State Relations

Legislative: Article 245–255 governs this. Union can legislate on Concurrent List; State on State List and Concurrent (if Union law conflicts, Union prevails). Union can also legislate on any matter in the State List when President’s Rule is in force (Article 356).

Administrative: Articles 256–263. Article 256 — State must comply with Union laws; Article 257 — State must not impede Union functions. Article 258 — President can delegate Union functions to State officers.

Financial: Articles 268–293. Article 268 — Duties levied by Union but collected and appropriated by States (e.g., stamps, excises). Article 269 — Taxes levied and collected by Union but assigned to States (e.g., taxes on inter-state sale). Article 270 — Consolidated Fund — taxes shared between Union and States (income tax, union excise duties). Article 275 — Grants-in-aid from Union to States.

Governor’s Role

• Appointed by President (Article 155)
• Holds office during President’s pleasure
• Acts as Constitutional Head of State (real power lies with Council of Ministers)
• Has 5 types of bills: Ordinary bills (simply assents), Money bills (must recommend), Ordinance (Article 213), Reserve bills for President’s consideration
• Can withhold assent, return bill for reconsideration (once)
• Can promulgate ordinance when state legislature is not in session

President vs. Governor

Feature	President	Governor
Office	National	State
No.	One	One per State
Appointment	By Electoral College	By President
Term	5 years	5 years
Resignation	To Vice President	To President
Power to Pardon	All types (Article 72)	Only state cases (Article 161)

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🔴 Extended — Deep Study (3mo+)

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Advanced Analysis of Federal Structure and DPSP

The Landmark Cases on Federal Structure

S.R. Bommai v. Union of India (1994) — This is the most critical case on Indian federalism:

• Article 356 (President’s Rule) cannot be imposed merely on the ground of breakdown of constitutional machinery
• President’s Rule is subject to judicial review
• State governments cannot be dismissed on the advice of the central government without satisfying the “breakdown” condition
• Multiplicity of parties in a state is not a ground for Article 356
• The Supreme Court laid down that before imposing President’s Rule, the Union must give the State an opportunity to explain

State of West Bengal v. Union of India (1963) — On Union’s power to acquire state territory.

In re: Presidential Election, 1987 — On the scope of President’s powers during hung parliament situations.

ITC Ltd. v. B.P. Lal (1991) — On parliamentary sovereignty within allocated subjects.

The Doctrine of Pith and Substance

When a law falls in one legislative list but incidentally affects another, courts apply the doctrine of pith and substance — look at the “true nature and character” of the law. If the dominant purpose falls within the competence of the legislature enacting it, the law is valid even if it incidentally trespasses on another list.

The Doctrine of Repugnancy

Under Article 254, when a State law on Concurrent List conflicts with a Union law, the Union law prevails. Repugnancy arises when: (a) State law is directly contrary to Union law; (b) where there is outright impossibility of compliance with both. However, if the Union law has a “field of operation” provision, the State law is void only to the extent of the Union’s field.

⚡ Exam Tip: If a State law is made “while the Union law is in force,” the State law is void to the extent of repugnancy. The State law survives in areas where the Union law has no operation.

Panchayati Raj and the 73rd Amendment

The 73rd Amendment (1992) added Part IX and Eleventh Schedule (29 subjects) to the Constitution. It made Panchayati Raj institutions a reality by:

• Providing for 3-tier system: Gram Panchayat, Panchayat Samiti, Zilla Parishad
• Direct elections to all tiers
• Reservation for SC/ST and women (not less than 1/3 for women)
• Mandatory dissolution of existing PRI if elections not held within 6 months
• State Election Commission for elections
• Finance Commission to review financial position

74th Amendment — Municipalities

Added Part IX-A and Twelfth Schedule. Key: 3-tier municipal corporations, reservation for SC/ST and women (1/3 for women), ward committees.

Articles to Remember for Exam

Article	Subject	Significance
36–51	DPSP	Non-justiciable guiding principles
38	Social justice	State must minimise inequalities
39	Means of production	Not concentrated in few hands
39A	Free legal aid	Flows from Articles 14 and 21
40	Panchayati Raj	3-tier rural local government
44	Uniform Civil Code	Still pending implementation
45	Free education (6–14)	Now Article 21A
48A	Environment	Added by 42nd Amendment
51A(k)	Environmental protection	Fundamental Duty
73rd Amend	Panchayati Raj	1992
74th Amend	Municipalities	1992

Exam Strategy

1. DPSP — Non-justiciable is the key word. Questions like “Can a citizen file a writ petition to enforce DPSP?” — Answer: No.
2. Know the 4 categories of DPSP (Socialistic, Liberal-Progressive, Gandhian, International) — memorize with examples.
3. Federal vs. Quasi-Federal — India is quasi-federal due to strong unitary features. Be ready to list examples.
4. S.R. Bommai case is essential — it curtailed the misuse of Article 356.
5. Panchayati Raj 73rd Amendment details are frequently asked — reservation percentages, 3 tiers, schedule number.
6. Union List, State List, Concurrent List — memorize the counts (99, 61, 52) and a few key subjects from each.

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