Classification

In one minute

This note is about the classification of the Directive Principles in Part IV. Textbooks sort Articles 38 to 51 into three groups: socialistic, Gandhian and liberal-intellectual. The Constitution does not use these names. They are a teaching tool.

Exams ask you to place an Article in its group, or to write a short note on one principle such as equal pay for equal work in Article 39(d). Learn the Articles in each group and say that books differ on a few.

Legal provision

• Article 38: the State shall strive to promote the welfare of the people through a social order based on justice. It shall minimise inequalities in income, status, facilities and opportunities.
• Article 39: policy towards six goals. They are (a) adequate livelihood for men and women equally, (b) material resources shared for the common good, and (c) no concentration of wealth. They also include (d) equal pay for equal work, (e) protection of workers' health and children's tender age, and (f) healthy development of children. The 42nd Amendment (3 January 1977) substituted clause (f).
• Article 39A: equal justice and free legal aid. Article 40: village panchayats. Article 41: the right to work, to education and to public assistance, within the limits of economic capacity. Article 42: just and humane conditions of work and maternity relief.
• Article 43: a living wage and decent conditions for workers, and cottage industries in rural areas. Article 43A: workers' participation in management (42nd Amendment). Article 43B: co-operative societies (97th Amendment, 15 February 2012).
• Article 44: a uniform civil code. Article 45: early childhood care and education until six years. Article 46: the interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Article 47: nutrition, standard of living, public health and prohibition of intoxicating drinks and drugs, except for medicinal purposes.
• Article 48: modern agriculture and animal husbandry, and prohibiting the slaughter of cows, calves and other milch and draught cattle. Article 48A: environment, forests and wild life (42nd Amendment). Article 49: protection of monuments of national importance. Article 50: separation of the judiciary from the executive in the public services. Article 51: international peace and security.

Meaning and definition

Classification means sorting the Articles of Part IV by the idea each serves. The Directive Principles of State Policy cover very different subjects, from wages to world peace. Textbooks group them to make them easy to learn and to answer questions on.

The three groups are a convenience. The Constitution gives no such headings, and books place a few Articles differently. Treat the groups as a memory aid and know what each Article says.

• Part IV, Articles 36 to 51
  • SocialisticArticles 38, 39, 39A, 41, 42, 43, 43A
  • GandhianArticles 40, 43B, 46, 47, 48
  • Liberal-intellectualArticles 44, 45, 48A, 49, 50, 51

Detailed explanation

Group 1: socialistic principles

These aim at social and economic justice and a welfare state. Article 39(a) speaks of an adequate livelihood. Article 38 asks for a just social order and less inequality. Article 39 sets goals on livelihood, resources, wealth and the protection of workers and children.

Equal pay for equal work in Article 39(d) is the best-known example. Article 39A adds equal justice and free legal aid. Articles 41 and 42 deal with work, education, public assistance and fair conditions of work. Article 43 asks for a living wage, and Article 43A for workers' share in management.

Group 2: Gandhian principles

These reflect village self-rule, upliftment of the weak and simple living. Article 40 asks the State to organise village panchayats as units of self-government. Part IX (Articles 243 to 243O) was later inserted by the 73rd Amendment and deals with Panchayats.

Article 43B asks the State to promote co-operative societies. Part IXB, on co-operative societies, was inserted by the same 97th Amendment. Article 46 asks the State to promote with special care the educational and economic interests of weaker sections. Article 47 includes prohibition of intoxicating drinks and drugs, except for medicinal purposes. Article 48 concerns agriculture and cattle.

Group 3: liberal-intellectual principles

These look to modern, forward-looking goals. Article 44 asks the State to endeavour to secure a uniform civil code for the citizens throughout India. Article 45 now asks for early childhood care and education until six years.

The 86th Amendment replaced Article 45 and inserted Article 21A. Unni Krishnan v. State of Andhra Pradesh (1993) records that the earlier Article 45 asked for free and compulsory education for children up to fourteen. Article 48A protects the environment. Article 49 protects monuments of national importance. Article 50 separates the judiciary from the executive in the public services. Article 51 promotes international peace.

Why books differ

Article 43 also asks the State to promote cottage industries in rural areas, an idea that suits the Gandhian group. Books differ on a few Articles, for example whether Article 47 is socialistic for nutrition and public health or Gandhian for prohibition. Give the group you use and know the content of the Article.

Don't confuse: the three groups

Point	Socialistic	Gandhian	Liberal-intellectual
Core idea	Social and economic justice, welfare state	Village self-rule, weaker sections, simple life	Modern, outward-looking goals
Articles	38, 39, 39A, 41, 42, 43, 43A	40, 43B, 46, 47, 48	44, 45, 48A, 49, 50, 51
Example	Equal pay for equal work (39(d))	Village panchayats (40)	Uniform civil code (44)

Common mistakes

• Writing that the Constitution itself names the three groups. It does not. They are a textbook grouping.
• Putting Article 44 in the Gandhian group. It is usually liberal-intellectual.
• Putting Article 40 in the socialistic group. It is usually Gandhian.
• Listing Article 45 with its old text. It now concerns children until six years.
• Forgetting that Articles 39A, 43A, 43B and 48A were added after 1950.

Apply it

Leading case laws

• State of Madras v. Champakam Dorairajan (1951)

  Facts. Madras relied on Article 46 to defend college seats fixed by community.

  Principle. Article 46 could not override Article 29(2).

  Why it matters. It tests a principle of the Gandhian group against a Fundamental Right.

• Dr. K.R. Lakshmanan v. State of Tamil Nadu (1996)

  Facts. A 1986 Act took over the Madras Race Club and said it gave effect to Article 39(b) and (c).

  Principle. The Court looked behind the declaration. The Act had no nexus with Article 39(b) and (c), so Article 31C could not protect it.

  Why it matters. Articles 39(b) and (c) carry the special shield of Article 31C.

• Randhir Singh v. Union of India (1982)

  Facts. A driver-constable in the Delhi Police claimed the pay of drivers doing the same work elsewhere.

  Principle. Equal pay for equal work, stated in Article 39(d), was given effect through the equality guarantee.

  Why it matters. It is the standard example of a socialistic principle made enforceable indirectly.

How to write this answer in the exam

Key points to remember

• The three groups are a textbook device, not constitutional text.
• Socialistic: Articles 38, 39, 39A, 41, 42, 43, 43A.
• Gandhian: Articles 40, 43B, 46, 47, 48.
• Liberal-intellectual: Articles 44, 45, 48A, 49, 50, 51.
• Article 39(d) is equal pay for equal work.
• Articles 39A, 43A and 48A came from the 42nd Amendment; Article 43B from the 97th.

Quick self-test

Related topics

• Directive Principles of State Policy
• Application and Judicial Interpretation
• Relationship between Fundamental Rights and Directive Principles