Introduction

Part-IV of the Constitution under Article 36 to 51 deals with directive principles of State policy. These directive principles we have borrowed

from the Constitution of Ireland. As today we are living in a social welfare State, as distinguished from a mere Police State, these directive principles aim the idea of social welfare and common good for all the people. Directive principles of State policy lay down certain economic and social policies which are to be persued by the State at the time of discharging the powers. These are the directions issued by the Constitution to the government in order to promote the welfare of the people and achieve economic democracy.

Object

The object of directive principles of State policy is to establish in India a democracy – political, economic and social. It speaks about social reconstruction and economic upliftment of the people of India.

Articles 38 to 51 of the Constitution provide certain Directive Principles or policies to be pursued by the Governments in the governance of the country. These principles are embodied as directions to the legislative and executive branches of the government to follow them in their routine working. These Directive principles impose certain obligations on the state to take to positive action in certain directions in order to promote the welfare of the people and to achieve economic democracy.

According to Dr. Babasaheb Ambedkar the directive principles are instruments of instructions to the legislature and the executives. Explaining the significance of these principles in the Constitution

Dr. Ambedkar said : “Whoever captures the power, will not be free to do what he likes with it. In the exercise of it, he will have to respect these instruments which are called ‘Directive-Principles’. He cannot ignore them.”

Nature of directive principles

According to Art. 37, even though directive principles of State policy are fundamental in the governance of our country, they are not enforceable in the Court of law. Thus, directive principles are not justiciable in the Court of law. But it is the duty of the State to apply these directive principles while making laws.

In B. K. Chandrashekhar v. State of Karnataka, (1999), a division bench of Karnataka High Court has ruled that,when a constitutional provision is made to give effect to the directiveprinciples, then that provision would certainly become enforceable through a Court of law.

Art. 36 : Definition : In this Part, unless the context otherwise requires, the State has the same meaning as in Part III.

Art. 37 :  Application of the principles contained in this Part :- The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Directive principles of State policy :

The various directive principles contained in Part-IV of the

Constitution can be discussed as under.

1. Social order for the promotion of welfare of people – Art. 38:

It can be read as under.

(1) According to clause (1) the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all institutions of a national life.

(2) According to clause (2), the State shall in particular, strive to minimize the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas and engaged in different

Comments

Art. 38 directs the State to give effect to the objectives expressed

in the Preamble to the Constitution by securing a social order for the

promotion of the welfare of the people. It is a key stone to the directive

principles of the State policy.

In Raman Services Pvt. Ltd. v. Subhash Kapoor, (2001), Court said that, Art. 38 speaks about concept of equal justice which is a dynamic device to mitigate the sufferings of the poor, weak, dalits, tribals and weaker sections of the society.

Certain principles of policy to be followed by the State (Article 39)

According to Art. 39, the State shall, in particular, direct its policy towards securing –

(a) That the citizens, men and women equally, have the right to an adequate means of livelihood.

(b) That the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good.

(c) That the operation of the economic system does not result in

the concentration of wealth and means of production to the common detriment.

(d) That there is equal pay for equal work for both men and women.

(e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

(f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Comments

Art. 39 emphasizes about certain policies which are to be followed

by the State at the time of discharging its powers. It is the duty of the

State to implement Art. 39 by enacting suitable legislations for that

purpose.

In Gadigappa v. State of Karnataka, (1990), the Court said that, directive principles contained in Art. 39(a) should be regarded as equally fundamental in understanding and interpreting the meaning and content of fundamental rights.

Material resources : The expression ‘material resources of the community’ under Art. 39(b) covers the land held by private owners also. Such private land can be acquired by government for public purposes such as for developing, constructing house, building and providing public amenities like parks, roads, drains etc

Equal justice and free legal aid – Article 39(A)

According to Art. 39(A), the State shall secure that the operations of the legal system promotes justice, on a basis of equal opportunity and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Comments

Art. 39(A) promotes justice on the basis of equal opportunities. It imposes duty on State to provide free legal aid to the poor. Access to justice is one of the important themes of Art. 39(A). (Inserted by the Constitution (44^th Amendment) Act, 1976.

In Hussainara Khatoon v. State of Bihar, (AIR 1979 SC 1369), Court said that, it is a duty of the State to provide lawyer to a poor person at the expenses of the State if he is not able to appoint a lawyer of his own choice.

Organization of Village Panchayats – Article 40

The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Comments

In order to implement Art. 40, major steps has been taken by the Constitution (73rd Amendment) Act, 1992 and the Constitution (74th Amendment) Act, 1992 which have inserted Articles 243 to 243-ZG in the Constitution of India.

Right to work, to education and to public assistance in certain cases – Article 41

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.

Comments

Within the economic capacity of the State, Art. 41 has secured to the people of India employment and education and also public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.

Provision for just and humane conditions of work and maternity relief – Article 42

The State shall make provision for securing just and humane conditions of work and for maternity relief.

Comments

Art. 42 speaks about protection of the economic rights of the people. Welfare of the workers is an important theme of this article.

Here, the State is required to make provision for just and humane conditions of work and for maternity relief.

Living wage etc. for workers – Article 43

The State shall endeavour to secure, by suitable legislation or

economic organization or in any other way, to all workers agricultural,

industrial or otherwise, a living wage, condition of work ensuring

a decent standard of life and full enjoyment of leisure (free time) and social and cultural opportunities and in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Comments

Art. 43 speaks about protection of workers. It ensures a decent

standard life to the workers. The basic principle of a socialist state can

be achieved with the help of Art. 43.

Article 43 refers to a ‘living wage’ and not ‘minimum wage’. The concept of living wage includes in addition to the bare necessities of life, such as food, shelter, and clothing, provisions for education of children etc

In Bijay Cotton Mill Ltd. v. State of Ajmer, (1955),

Court held that, the fixation of minimum wages of labourers under the

Minimum Wages Act, 1948 was in the interest of general public and

therefore not violative of the freedom of trade, secured to the citizens

under Art. 19(1)(g).

Participation of workers in management of industries – Article 43(A)

The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.

Comments

Art. 43(A) upholds the right of the workers to have a participation in the management of the company. Industry can be run effectively only when workers participation is recognized. It is the duty of the State to make law with a view to secure participation of workers in management of the industry. (42^nd Amendment, 1976)

Art 43(B). Promotion of Co-operative societies : The State shall endeavour to promote voluntary formation, autonomus functioning, democratic control and professional management of Co-operative societies. ( 97^th Amendment, 2011)

Uniform Civil Code for the citizens – Article 44 :

The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.

Comments

In India, there is Uniform Criminal Code for all the citizens. But, Uniform Civil Code is not enacted by the parliament of India. Art. 44 requires on the State to take steps for establishing a Uniform Civil Code throughout the territory of India.

In Sarla Mudgal v. Union of India, (1995), the Supreme Court directed the central government through the Prime Minister to take a fresh look at Art. 44. Supreme Court expressed the need to have a Uniform Civil Code in India.

The above direction was given by the Court while dealing with a case where the question for consideration was whether a Hindu husband married under Hindu law, after conversion to Islam, without dissolving the first marriage, can solemnise a second marriage. The Court has held that such a marriage will be illegal and the husband can be prosecuted for bigamy under section 494 of IPC.

All marriages must be registered : First step towards Uniform Civil Code : (Seema v. Ashwini Kumar, 2006) :

In a landmark judgement the Supreme Court has held that, all marriages, irrespective of their religion, be compulsorily registered.

Provision for early childhood care and education to children below the age of six years – Article 45

The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.

Comments

Art. 45 has been substituted by the Constitution (86th Amendment)

Act, 2002. Now, it is the duty of the State to provide compulsory

education to all children until they complete the age of 14 years.

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections – Article 46:

The State shall promote with special care the educational and

economic interests of the weaker sections of the people and in

particular, of the Scheduled Castes and the Scheduled Tribes and

shall protect them from social justice and all forms of exploitation.

Comments

Art. 46 speaks about protection of weaker sections of society, in particular, the Scheduled Castes and Scheduled Tribes. This protection

is important with a view to provide social justice.

Duty of the State to raise the level of nutrition and the standard of living and to improve public health – Article 47

The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Comments

Art. 47 directs the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. State is required to take various steps for the implementation of Art. 47.

Organization of agriculture and animal husbandry – Article 48

The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle.

Comments

Art. 48 directs the State to take steps to organize animal

husbandry on modern and scientific lines. It is also equally applicable

for preventing the slaughter of animals.

In Mohammed Quareshi v. State of Bihar, (1958), the Court held that, slaughter of cows on Bakri Id day is not a part of freedom of religion of Muslims. By implementing Art. 48 Court said that, it is duty of everybody to organize agriculture and animal husbandry on modern and scientific lines.

Protection and improvement of environment and safeguarding of forests and wild life – Article. 48(A) :

The State shall endeavour to protect and improve the environment

and to safeguard the forests and wild life of the country.

Comments

Art. 48(A) has been added by the Constitution 46th Amendment

Act, 1976. It respectively enjoin on the State and the citizens, the duty

not only to protect, but also to improve the environment and to preserve

and safeguard the forests, flora and fauna.

Protection of monuments and places and objects of national importance – Article 49 :

It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, (declared by or under law made by Parliament) to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Comments

Art. 49 has put obligation on the State to protect every monument or place or object of artistic or historic interest declared by or under a law of parliament to be of national importance. In view of this, law was already made and that was the Ancient Monuments Preservation Act, 1904. To implement Art. 49 effectively, parliament has enacted the Ancient Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951.

Separation of judiciary from executive – Article 50

The State shall take steps to separate the judiciary from the

executive in the public services of the State.

Comments

The object behind Art. 50 is to provide for independence of

judiciary. This article emphasizes the doctrine of separation of power.

It has been invoked to ensure the independence and impartiality of

judiciary even at the highest level of Supreme Court.

To promote the rule of law, this is very essential.

In M. M. Gupta v. State of J & K, (1982), the Court said that, Art. 50 intends to provide for independence of judiciary which is one of the basic tenets (principle) and a fundamental requirement of our Constitution.

Promotion of international peace and security – Article 51 :

The State shall endeavour to –

(a) promote international peace and security;

(b) maintain just and honourable relations between nations;

(c) foster respect for international law and treaty obligations in

the dealings of organized people with one another; and

(d) encourage settlement of international disputes by arbitration.

Comments

Art. 51 has put obligation on the State to foster(grow) and respect international law. It insists that, all the international obligations and treaties are to be followed by the State. International Law should be implemented by the Municipal Courts in India. In absence of any contrary legislation, the Municipal Courts in India has shown respect to the rules of the International Law.

In Vishakha v. State of Rajasthan, (AIR 1997 SC 3011), by applying international convention, (the Convention on the Elimination of all Forms of Discrimination Against Women, 1979) Supreme Court held that, right against sexual harassment of working women is a fundamental right under Art. 21 of the Constitution. Court has laid down exhaustive guideline to prevent sexual harassment of working woman in places of their work until a legislation is enacted for the purpose.

The Protection of Human Rights Act, 1993. : Pursuant to the direction enshrined in Article 51 of the Constitution and International Commitments, Parliament has passed the Protection of Human Rights Act, 1993. The Act provides for the setting of a ‘National Human Rights Commission and Human Rights Courts to meet growing concern for human rights in the country and abroad.