Directive Principles of State Policy: Article 36- 51
Published on: 6 July, 2020
“Political democracy cannot last unless there lies at the base of it social democracy.
What does social democracy mean? It means a way of life which recognises
Liberty, equality and fraternity...” – B.R. Ambedkar
Introduction to Directive Principles
Directive Principles are some guidelines for the state while creating a policy for the Nation. These are given under part 4 of the Indian Constitution. They are adopted from the Constitution of Ireland. Ireland took it from the Spanish Constitution. They are an apolitical, social and economic programme for a modern Democratic State.
Directive principles act as ideals which must be followed while formulating certain policies by the Central Government and various State Governments. These goals help in maximizing the Social welfare of the people. The concept of India as a welfare State is strengthened by the Directive Principles of State Policy. These non-justiciable principles guide the government to create policies which will help in providing quality education, healthcare and employment to the people. These principles are so important that they are often referred to as the soul of the Constitution.
Article 36 of the Directive principles say that the meaning of State will be the same as given under Article 12 of the Fundamental Rights.
Article 37 of the Directive principles says that these principles are not enforceable by any court. It will be the responsibility of the government to implement these principles in its policies.
Article 37 of the Directive principles says that these principles are not enforceable by any court. It will be the responsibility of the government to implement these principles in its policies.
Directive Principles of State Policy are divided as follows:
1. Social and Economic
There are various social articles under this category. Let’s read about some of them:
Article 38: (a). The State shall strive to promote the welfare of the people. It shall protect the social, economic and political order.
b. The State shall minimize inequalities of income.
Article 39: Article 39 gives the following points for the policies of the State:
a. Adequate means of livelihood for both men and women.
b. Ownership of the community resources must be well distributed to meet the common good.
c. Operation of the economic system must not result in the Concentration of Wealth.
d. Equal pay for equal work for both men and women.
e. Health and strength of workers, men, women and children must not be abused.
f. Children must be given opportunities to grow healthy in life.
Article 38: (a). The State shall strive to promote the welfare of the people. It shall protect the social, economic and political order.
b. The State shall minimize inequalities of income.
Article 39: Article 39 gives the following points for the policies of the State:
a. Adequate means of livelihood for both men and women.
b. Ownership of the community resources must be well distributed to meet the common good.
c. Operation of the economic system must not result in the Concentration of Wealth.
d. Equal pay for equal work for both men and women.
e. Health and strength of workers, men, women and children must not be abused.
f. Children must be given opportunities to grow healthy in life.
Article 41: The State shall try its best to provide a right to work, education and public assistance in cases of unemployment, old age, sickness and disablement.
Article 42: The State shall make provision for just and humane conditions of work and maternity relief.
Article 43: The State shall Endeavour to secure a suitable living wage for the workers. She must also promote cottage industries in rural areas.
Article 43A: The State shall ensure the participation of workers in the management of industries by suitable legislation.
Article 43B: The State must promote the formation of Co-operative Societies.
Article 42: The State shall make provision for just and humane conditions of work and maternity relief.
Article 43: The State shall Endeavour to secure a suitable living wage for the workers. She must also promote cottage industries in rural areas.
Article 43A: The State shall ensure the participation of workers in the management of industries by suitable legislation.
Article 43B: The State must promote the formation of Co-operative Societies.
Article 45: The State shall Endeavour to provide Early childhood care and education for children below the age of six years.
Article 46: The State shall promote the economic interests of the Scheduled Caste, Schedule Class and other weaker sections of the society.
Article 47: The State shall raise the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
Article 46: The State shall promote the economic interests of the Scheduled Caste, Schedule Class and other weaker sections of the society.
Article 47: The State shall raise the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.
Free and Compulsory Education for children below 14 is a right given under Article 21A.
2. Community (Gandhian Principles)
Article 40: The State shall take steps to organize village panchayats and give them the necessary power and responsibilities.
Article 44: The State shall endeavour to promote Uniform civil code for the entire country.
Article 48: The State must try to Organise agriculture and animal husbandry.
Article 48A: The state must endeavour to protect the environment and safeguard forest and wildlife.
Article 44: The State shall endeavour to promote Uniform civil code for the entire country.
Article 48: The State must try to Organise agriculture and animal husbandry.
Article 48A: The state must endeavour to protect the environment and safeguard forest and wildlife.
Article 49: It shall be the responsibility of the State to protect every monument and places which are of national importance.
Article 50: The State shall take steps to separate the Judiciary from Executive at all places in public services.
Article 51: The State must endeavour to promote international peace and security. They must respect international Laws.
Article 50: The State shall take steps to separate the Judiciary from Executive at all places in public services.
Article 51: The State must endeavour to promote international peace and security. They must respect international Laws.
Implementation of the Directive Principles:
The Directive Principles are not justiciable. So their implementation depends upon the will of the State. The State has shown some inclination over implementing some of these Articles given under the Directive Principles:
1. Right to Education: Article 21 A is made now which gives free and compulsory education to every child who is below the age of 14 years. This inspiration is taken from the Directive Principle (Article 45) which is making the duty of the State to provide free education for every child to make them grow in life.
2. Village Panchayats: The State has passed the 92nd and 93rd Constitutional Amendment Act. This Act is making the provisions of the village panchayats for the effective mechanism to implement the work and solve petty disputes. This act is also giving 1/3rd reservation to women in the field of elections under it. The inspiration to create this law is taken from Article 40 of the Directive Principles.
3. Environment Act, 1972: The government of India has passed an environment act which is dividing the wildlife into several groups of protected to unprotected animals. The inspiration to pass this law is taken from Article 48A of the Directive Principles of State Policy.
4. Equal remuneration Act, 1976: The State has passed the equal wages act. The inspiration to pass this law is taken from Article 39D of the Directive Principles of State Policy. This act is giving equal pay for equal work between both men and women.
5. Taking the inspiration from Article 47 the government of India has passed various schemes like Desert Development Programme, National Rural employment guarantee programme.
5. Taking the inspiration from Article 47 the government of India has passed various schemes like Desert Development Programme, National Rural employment guarantee programme.
There are various other laws which are passed by the State which take their inspiration from the Directive Principles. For example the Minimum wages Act, Pollution Act, and the Industrial Disputes Act etc.
Relationship between Directive Principles and Fundamental Rights
The relationship between Fundamental Rights and DPSP are given below:
1. The Directive Principles cannot be enforced by the Courts but the Fundamental Rights can be enforced by the court.
2. The Fundamental Rights are guaranteeing the rights to the citizens of India. The Directive Principles set the guidelines for achieving the Socialistic goals.
3. Directive principles are showing a positive direction to the State and Fundamental Rights are the negative direction in the sense that they are stopping the State from doing certain acts.
1. The Directive Principles cannot be enforced by the Courts but the Fundamental Rights can be enforced by the court.
2. The Fundamental Rights are guaranteeing the rights to the citizens of India. The Directive Principles set the guidelines for achieving the Socialistic goals.
3. Directive principles are showing a positive direction to the State and Fundamental Rights are the negative direction in the sense that they are stopping the State from doing certain acts.
4. Fundamental Rights don’t need any kind of special laws to implement them. Directive principles need special laws to get implemented.
5. The Directive principles and Fundamental Rights are both complementary to each other. Fundamental Rights can’t be abridged to pave the way for directive principles to get implemented.
5. The Directive principles and Fundamental Rights are both complementary to each other. Fundamental Rights can’t be abridged to pave the way for directive principles to get implemented.
Important cases related to the Directive Principles of State Policy
1. In the case of State of Madras v. Champakam Dorairajan, AIR 1951, the decision of Madras government was challenged which gave quotas for admission in various medical and engineering colleges for different communities. The government defended their decision by saying it is passed as per Article 46 of the Constitution. The court said that the directive principles must conform to and run as subsidiary to Fundamental Rights.
2. In Re Kerala Education Bill, AIR 1957, the court decided that although the Directive Principles cannot override the Fundamental Rights. The court may adopt the principle of Harmonious construction while determining their scope.
2. In Re Kerala Education Bill, AIR 1957, the court decided that although the Directive Principles cannot override the Fundamental Rights. The court may adopt the principle of Harmonious construction while determining their scope.
3. In the case of Keshavananda Bharati v. the State of Kerala, AIR 1973, the court overruled the Golaknath judgment which denied the parliament the power to amend the Fundamental Rights. The court said that they both supplement each other. Reasonable abridgement of the Fundamental Rights is allowed in the public interest.
4. In the case of Minerva Mills v. U.O.I, AIR 1980, article 31 C as amended by 42nd Constitutional amendment was challenged on the ground that it was affecting the basic structure of the Constitution. The Supreme Court stroked down this Article and said that there must be harmony between Fundamental Rights and Directive Principles of State Policy. One cannot be given total primacy over others.
4. In the case of Minerva Mills v. U.O.I, AIR 1980, article 31 C as amended by 42nd Constitutional amendment was challenged on the ground that it was affecting the basic structure of the Constitution. The Supreme Court stroked down this Article and said that there must be harmony between Fundamental Rights and Directive Principles of State Policy. One cannot be given total primacy over others.
Conclusion
Directive Principles are a group of principles which show a positive direction to the Indian State. They try to fulfil the real meaning of democracy by giving people of India various positive rights which they deserve. Although they are non-justiciable but still the State has shown that they will create different laws to complete the goals given under these directives.
