Constitutional Directives: Beyond Part IV

Exploring Crucial Principles of State Policy Outside the Traditional Framework

While Part IV of the Constitution (Articles 36-51) contains the main body of Directive Principles of State Policy, there are certain other provisions that, though located outside Part IV, share a similar characteristic of being directives or instructions to the State. These principles, like the DPSPs in Part IV, are generally non-justiciable but are considered important for good governance and achieving specific constitutional objectives.

Explore Directives

Core Content: DPSPs Outside Part IV

This section will discuss three significant directives found in other parts of the Constitution: Article 335 (Claims of SCs and STs to services), Article 350A (Instruction in mother-tongue at primary stage), and Article 351 (Development of the Hindi language).

7.7.1: Claims of SCs and STs to services (Article 335 in Part XVI)

Text of Article 335:

"The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters or promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State."

Nature of Directive:

  • This article directs the State (Union and State governments) to take into consideration the claims of Scheduled Castes (SCs) and Scheduled Tribes (STs) when making appointments to public services and posts.
  • It aims to promote the representation of these historically disadvantaged communities in government services.

Balancing with Efficiency:

  • The consideration of SC/ST claims must be "consistently with the maintenance of efficiency of administration." This clause has been a subject of interpretation, with debates on whether reservation policies affect administrative efficiency.
  • The Supreme Court in cases like M. Nagraj vs. Union of India (2006) has held that efficiency of administration is a constitutional mandate and cannot be ignored while providing reservations.

Proviso (Added by 82nd Constitutional Amendment Act, 2000):

  • The proviso clarifies that Article 335 shall not prevent the State from making provisions for SCs/STs regarding:
    • Relaxation in qualifying marks in any examination.
    • Lowering the standards of evaluation.
    • Reservation in matters of promotion to any class or classes of services or posts.
  • This proviso was added to overcome certain judicial pronouncements that had restricted relaxations in the name of efficiency. It gives constitutional backing to affirmative action measures beyond just initial appointments.

Significance:

  • Article 335, though placed in Part XVI (Special Provisions Relating to Certain Classes), acts as a directive to the State to ensure social justice and representation for SCs and STs in public services, which is a key socio-economic goal similar to those in Part IV.
  • It complements the enabling provisions for reservation under Article 16(4) and 16(4A).

7.7.2: Instruction in mother-tongue (Article 350A in Part XVII)

Text of Article 350A:

"It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities."

Nature of Directive:

  • This article directs every State and every local authority within the State to endeavor to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.

President's Power to Issue Directions:

  • The President is empowered to issue necessary directions to any State for securing such facilities.

Origin:

  • Added by the 7th Constitutional Amendment Act, 1956, based on the recommendations of the States Reorganisation Commission.

Objective:

  • To protect the linguistic interests of minorities.
  • To ensure that children from linguistic minority groups are not disadvantaged in their early education by being forced to learn in a language other than their mother-tongue. Pedagogically, education in the mother-tongue at the primary stage is considered most effective.

Significance:

  • Though placed in Part XVII (Official Language), it has the character of a DPSP as it directs state action towards a specific educational and cultural goal for a section of the population.
  • It reinforces the constitutional commitment to linguistic diversity and the protection of minority rights (also seen in Article 29 and 30).
  • The National Education Policy (NEP) 2020 also emphasizes the importance of mother-tongue/local language as the medium of instruction at least till Grade 5, preferably till Grade 8, aligning with the spirit of Article 350A.

7.7.3: Development of the Hindi language (Article 351 in Part XVII)

Text of Article 351:

"It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages."

Nature of Directive:

  • This article imposes a duty on the Union (Central Government) to:
    • Promote the spread of the Hindi language.
    • Develop Hindi so that it can serve as a medium of expression for all elements of India's composite culture.
    • Enrich Hindi by assimilating forms, styles, and expressions from Hindustani and other Eighth Schedule languages, and by drawing vocabulary primarily from Sanskrit and secondarily from other languages.

Objective:

  • To develop Hindi as a potential link language for communication across different linguistic regions of India, thereby fostering national unity.
  • To ensure that in this process of development, Hindi remains inclusive and draws from India's diverse linguistic heritage.

Significance:

  • Though located in Part XVII (Official Language), it is a directive to the Union government outlining a specific policy goal concerning language development.
  • It has been a sensitive issue, with concerns raised in non-Hindi speaking states about "Hindi imposition." The directive itself emphasizes enrichment from other Indian languages and preserving Hindi's "genius."
  • The Union government has undertaken various measures (e.g., through Kendriya Hindi Sansthan, Central Hindi Directorate, schemes for promoting Hindi) in pursuance of this directive.

Key Constitutional Amendments

Exam Ready Notes

Prelims-ready Notes

  • Article 335 (Part XVI): Claims of SCs & STs in appointments to Union/State services, consistent with administrative efficiency. Proviso (82nd Am, 2000) allows relaxation in marks/standards, reservation in promotion.
  • Article 350A (Part XVII): Duty of State & local authorities to provide mother-tongue instruction at primary stage for linguistic minorities. Added by 7th Am, 1956 (SRC recommendation). President can issue directions.
  • Article 351 (Part XVII): Duty of the Union to promote spread & development of Hindi language to serve as medium of composite culture, enriching from Hindustani, 8th Sch. languages, Sanskrit.

Mains-ready Analytical Notes

  • Nature of these Directives: Non-justiciable but lay down important policy goals (social justice, linguistic rights, national language policy).
  • Art 335 – Balancing Representation & Efficiency: Complex task of affirmative action vs. administrative efficiency. Proviso (82nd Am) facilitates representation, but judicial interpretation (M. Nagraj) emphasizes efficiency data.
  • Art 350A – Upholding Linguistic Pluralism: Crucial for linguistic minorities' educational rights. Pedagogical importance of mother-tongue. Implementation challenges (teachers, materials). Aligns with NEP 2020.
  • Art 351 – Hindi Promotion vs. Linguistic Diversity: Aims for Hindi as link language for unity, but sensitive due to "Hindi imposition" concerns. Directive itself stresses inclusive development.
  • Why Outside Part IV?: Placed in relevant parts (Part XVI for SC/ST, Part XVII for Official Language), emphasizing their specific subject matter importance.

Current Affairs and Recent Developments

  • Article 335 (Claims of SCs/STs to services):

    • Ongoing debates and court cases related to reservation in promotions for SCs/STs, application of 'creamy layer' concept, and collection of quantifiable data on inadequacy of representation and impact on administrative efficiency (following M. Nagraj, Jarnail Singh judgments).
    • Discussions on filling backlog vacancies for SC/ST posts in government.

  • Article 350A (Instruction in mother-tongue):

    • Implementation of National Education Policy (NEP) 2020, which emphasizes mother-tongue/local language as medium of instruction at least till Grade 5, preferably till Grade 8. Challenges in implementing this across diverse states, especially regarding availability of multilingual teachers and learning materials.
    • Some states pushing for greater use of regional languages in all levels of education and administration.

  • Article 351 (Development of Hindi):

    • Occasional political controversies over perceived attempts by the Union government to promote Hindi in non-Hindi speaking states (e.g., in official communications, educational institutions, signage).
    • Union government initiatives through bodies like Kendriya Hindi Sansthan for promotion of Hindi.
    • Parliamentary Committee on Official Language often makes recommendations regarding use of Hindi in government.

Note: These articles provide a continuous backdrop to many ongoing policy debates and administrative actions.

UPSC Previous Year Questions (PYQs)

Prelims MCQs:

Which Article of the Constitution of India directs the State to take into consideration the claims of Scheduled Castes and Scheduled Tribes in the making of appointments to services, consistently with the maintenance of efficiency of administration?

  • (a) Article 16(4)
  • (b) Article 46
  • (c) Article 335
  • (d) Article 338

Answer: (c)

Hint/Explanation: Article 335 specifically deals with the claims of SCs and STs to services and posts, balancing it with administrative efficiency.

The provision for instruction in mother-tongue at the primary stage of education for children belonging to linguistic minority groups is a directive given to the State under:

  • (a) Article 29
  • (b) Article 30
  • (c) Article 350A
  • (d) Article 45

Answer: (c)

Hint/Explanation: Article 350A explicitly contains this directive.

Which Article of the Constitution imposes a duty on the Union to promote the spread and development of the Hindi language?

  • (a) Article 343
  • (b) Article 348
  • (c) Article 350
  • (d) Article 351

Answer: (d)

Hint/Explanation: Article 351 outlines the duty of the Union concerning the development of Hindi.

Mains Questions:

Apart from the Directive Principles in Part IV, the Constitution of India contains other directives addressed to the State. Identify some of these directives and discuss their significance in shaping specific areas of national policy.

Direction/Value Points:
  • Introduction: Explain that directives are not confined to Part IV.
  • Identify and Discuss Directives outside Part IV:
    • Article 335: Significance for affirmative action in public employment, balancing representation with efficiency. Impact on reservation policies for SCs/STs.
    • Article 350A: Significance for linguistic minority rights in education, promoting inclusive primary education, preserving linguistic diversity. Link to NEP 2020.
    • Article 351: Significance for national language policy, promoting Hindi as a link language, efforts and controversies surrounding its implementation.
  • Nature of these Directives: Largely non-justiciable but important policy goals.
  • Conclusion: These directives outside Part IV, though specific in their scope, are vital for guiding state action in crucial areas like social justice, minority rights, and national integration, reflecting the comprehensive vision of the Constitution.

Article 335 of the Constitution seeks to reconcile the claims of Scheduled Castes and Scheduled Tribes to public services with the maintenance of administrative efficiency. Analyze the challenges in achieving this balance and the impact of judicial interpretations and constitutional amendments on this provision.

Direction/Value Points:
  • Introduction: Explain the dual mandate of Article 335.
  • Challenges in Achieving Balance:
    • Defining and measuring "administrative efficiency" objectively.
    • Perception that reservations might dilute merit/efficiency.
    • Ensuring adequate representation without unduly compromising efficiency standards.
    • Political pressures for expanding reservations vs. concerns about efficiency.
  • Judicial Interpretations:
    • Early cases focusing on efficiency as a primary concern.
    • Indra Sawhney case: Reservation in promotions generally not allowed (for OBCs, impacted SC/ST thinking too).
    • M. Nagraj case: Upheld reservation in promotion for SC/ST (enabled by amendments) but laid down conditions (backwardness, inadequate representation, overall efficiency not affected). Emphasized quantifiable data.
    • Jarnail Singh case: Creamy layer exclusion applicable to SC/ST in promotions. Reiterated need for data.
  • Constitutional Amendments:
    • 77th, 81st, 82nd, 85th Amendments: Added/modified provisions in Art 16 and Art 335 (proviso) to facilitate reservation in promotions, carry forward rule, relaxation of standards for SCs/STs, to overcome judicial restrictions.
  • Current Scenario: Ongoing debate on data, creamy layer, and balancing representation with efficiency.
  • Conclusion: Article 335 represents a delicate constitutional balancing act. While amendments have sought to strengthen the claims of SCs/STs, judicial interpretations continue to emphasize the need to ensure that these affirmative action measures are consistent with administrative efficiency, making the implementation of this directive a complex and evolving process.

Trend Analysis (Past 10 Years)

  • Prelims:

    • Questions directly testing the content and Article numbers of these specific directives (Art 335, 350A, 351) are common.
    • Understanding the objective/purpose of each directive.
    • Knowledge of amendments related to these articles (e.g., 82nd Am. for Art 335 proviso, 7th Am. for Art 350A).
    • Distinguishing these from DPSPs in Part IV or Fundamental Rights.

  • Mains:

    • Analytical questions on the significance and implementation challenges of these directives.
    • Article 335 (balancing representation and efficiency in context of reservation) is a more frequently explored theme, especially in conjunction with Article 16.
    • Article 350A (mother-tongue education) and Article 351 (Hindi promotion) can be asked in context of education policy, language policy, or Centre-State relations.
    • Questions often require linking these directives to broader constitutional values like social justice, linguistic diversity, and national unity.

Original Questions for Practice

Original MCQs for Prelims:

Which of the following directives, found outside Part IV of the Constitution, was added by the 7th Constitutional Amendment Act, 1956, based on the recommendations of the States Reorganisation Commission?

  • (a) Article 335: Claims of SCs and STs to services.
  • (b) Article 350A: Instruction in mother-tongue at primary stage.
  • (c) Article 351: Development of the Hindi language.
  • (d) Article 338A: National Commission for Scheduled Tribes.

Answer: (b)

Explanation: Article 350A, dealing with instruction in mother-tongue for linguistic minorities at primary stage, was inserted by the 7th Amendment Act, 1956, which primarily implemented the SRC's recommendations.

Article 335 of the Constitution, while directing consideration for SC/ST claims in public appointments, also mandates that this should be consistent with:

  • (a) The principle of creamy layer exclusion.
  • (b) The overall 50% ceiling on reservations.
  • (c) The maintenance of efficiency of administration.
  • (d) The exclusive power of Parliament to make such appointments.

Answer: (c)

Explanation: Article 335 explicitly states that claims of SCs/STs shall be taken into consideration "consistently with the maintenance of efficiency of administration." Creamy layer and 50% ceiling are judicial principles primarily from Article 16 context.

Original Descriptive Questions for Mains:

"The Indian Constitution, through directives placed even outside Part IV, demonstrates a nuanced approach to nation-building by addressing specific concerns of social equity, linguistic diversity, and national communication." Discuss this statement with reference to Articles 335, 350A, and 351.

Key Points/Structure for Answering:
  • Introduction: Explain that directives are not limited to Part IV and highlight the three articles.
  • Article 335 (Social Equity):
    • Directive: Claims of SCs/STs in services, balanced with efficiency.
    • Contribution to Nation-Building: Promotes inclusion of marginalized groups in governance, aims for a more representative bureaucracy, addresses historical injustices.
  • Article 350A (Linguistic Diversity):
    • Directive: Instruction in mother-tongue at primary stage for linguistic minorities.
    • Contribution to Nation-Building: Protects linguistic pluralism, ensures educational access and equity for minorities, fosters a sense of belonging, prevents linguistic alienation.
  • Article 351 (National Communication/Integration):
    • Directive: Union's duty to promote and develop Hindi as a link language, drawing from India's composite culture.
    • Contribution to Nation-Building: Aims to facilitate inter-state communication, strengthen national unity. (Also acknowledge sensitivities and challenges).
  • Nuanced Approach: Show how these directives tackle specific, complex issues crucial for a diverse nation, complementing the broader goals of Part IV.
  • Conclusion: These directives outside Part IV are vital components of the Constitution's comprehensive vision for nation-building, addressing critical aspects of social equity, linguistic rights, and national coherence through targeted policy guidance to the State.