Directive Principles Of State Policy - SSC CGL Tier 2 - Study Material, Online Tests,

Part IV (Arts. 36-51) of the Constitution contains the Directive Principles of State Policy. The principles reflect a unique mixture of humanitarian socialist precepts, Gandhian ideals and democratic socialism. Though not enforceable by any court, they constitute fundamental principles that guide the governance of the country. Most of the directives seek the establishment of economic and social democracy as pledged in the Preamble. It shall be the duty of the State to follow these principles both in administration and in the making of laws.

Directive Principles (Articles 36-51): Summary of provisions

• Art. 36: Defines the term State for the purposes of Part IV.
• Art. 37: The provisions of Part IV shall not be enforceable by any court, but the principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

• Art. 38: The State shall strive to secure a social order for the promotion of the welfare of the people. In particular, it shall endeavour to minimise inequalities in income and to eliminate inequalities in status, facilities and opportunities.
• Art. 39: Certain principles of policy to be followed by the State for securing adequate means of livelihood for all citizens, distribution of ownership and control of the material resources of the community in the common good, preventing concentrations of wealth and means of production to the common detriment, equal pay for equal work for both men and women, protection of the health and strength of workers (including children) and provision of opportunities for children to develop in a healthy manner and in conditions of freedom and dignity and to be protected against exploitation.
• Art. 39-A: (Inserted by the 42nd Amendment) Requires the State to secure equal justice and free legal aid
• Art. 40: Requires the State to take steps to organise village panchayats and to endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• Art. 41: Requires the State to 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.
• Art. 42: Requires the State to make provision for securing just and humane conditions of work and for maternity relief.
• Art. 43: Directs the State to secure, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, to promote cottage industries on an individual or co-operative basis in rural areas.

• Art. 43-A: (Inserted by the 42nd Amendment) Directs the State to take steps to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
• Art. 44: Requires the State to secure for the citizens a Uniform Civil Code throughout the territory of India.
• Art. 45: Directs the State to provide, within a period of ten years from the commencement of the Constitution, for free and compulsory education for all children up to the age of fourteen years. (This provision has provided the basis for later legislative and judicial developments on the right to education.)
• Art. 46: Requires the State to promote the educational and economic interests of the weaker sections of the people, and in particular of the Scheduled Castes and Scheduled Tribes, and to protect them from social injustice and all forms of exploitation.
• Art. 47: Directs the State to raise the level of nutrition and the standard of living and to improve public health, and, in particular, to prohibit consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
• Art. 48: Directs the State to organise agriculture and animal husbandry on modern and scientific lines and to prohibit the slaughter of cows and calves and other milch and draught cattle.
• Art. 48-A: (Inserted by the 42nd Amendment) Directs the State to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Art. 49: Directs the State to protect monuments, places and objects of national importance from spoliation, disfigurement, destruction, removal, disposal or export.
• Art. 50: Directs the State to take steps for the separation of the judiciary from the executive.
• Art. 51: Directs the State to:
  • Promote international peace and security.
  • Maintain just and honourable relations between nations.
  • Foster respect for international law and treaty obligations in the dealings of organised peoples with one another.
  • Encourage settlement of international disputes by arbitration.

Classification of Directive Principles

Directive Principles may be classified into several groups according to their purpose and subject-matter. The following classification highlights the principal groupings and their aims.

1. Social and Economic Justice
   Art. 38 (1) and (2) require the State to maintain a social order based on justice. Distributive justice is the common aim of Art. 38 and Art. 39; they seek to promote equality in a wider perspective and to create conditions that avoid injustice at the social and economic levels.
2. Ideals of Social Security
   These principles aim to provide a social safety net and include the right to work, education and public assistance in specified cases (Art. 41), free and compulsory education for children up to 14 years (Art. 45), promotion of the educational and economic interests of weaker sections (Art. 46), raising standards of living and improving health (Art. 47), equal justice and free legal aid (Art. 39-A), just and humane conditions of work (Art. 42), living wages and decent conditions for workers (Art. 43) and workers' participation in management (Art. 43-A).
3. Community Welfare and State Organisation
   These directives concern community welfare, governance and public institutions. They include the Uniform Civil Code (Art. 44), organisation of agriculture and animal husbandry (Art. 48), protection and improvement of forests and wildlife (Art. 48-A), protection of national monuments (Art. 49), separation of judiciary from executive (Art. 50), promotion of international peace and security (Art. 51) and organisation of village panchayats as units of self-government (Art. 40).

Nature, Characteristics and Origin

The Directive Principles are non-justiciable guidelines that set forth the goals and the direction in which the polity should strive. Their characteristics include:

• They are non-enforceable by courts but have constitutional status and carry moral and political force.
• They are fundamental in the governance of the country and serve as a yardstick for legislative and executive action.
• They reflect a synthesis of Gandhian and socialist ideas adapted to the Indian context.
• They influence policy-making, planning and judicial interpretation although they do not create individual legal rights enforceable in court.

Significance of Directive Principles

Although not enforceable in courts, Article 37 declares that the Directive Principles shall be fundamental in the governance of the country and that it shall be the duty of the State to apply them in making laws. Their significance can be seen as follows:

• They supplement and amplify the Preamble and the Fundamental Rights by emphasising the goal of establishing a welfare State.
• They guide the legislature and executive in policy formulation and law-making and are frequently cited by courts while interpreting statutes in a manner consistent with constitutional goals.
• They serve as a moral and political commitment by the State to secure social, economic and political justice for citizens.
• They have inspired numerous social and economic reforms and legislation aimed at reducing poverty, improving education, protecting workers and promoting welfare.

Implementation of Directive Principles: Progress and Examples

Implementation of the Directive Principles has been gradual and uneven. Many directives require legislative and administrative action and, in some cases, constitutional amendments. The State has enacted laws and implemented programmes inspired by these principles. Examples where directive principles have shown impact include:

• Art. 39: Legislation such as the Employees' State Insurance Act, the Minimum Wages Act, wealth-related taxation measures and land reform laws were enacted to secure distributive justice and protect workers and vulnerable groups. Many states passed land ceiling and tenancy reform Acts to redistribute surplus land to the landless.
• Art. 40: A number of laws and measures have been taken to organise and empower village panchayats and to strengthen local self-government.
• Art. 43: The promotion of cottage and small-scale industries has been supported by central and state boards and schemes to assist with finance, marketing and training.
• Art. 44: Social and legal reforms, including enactment of modern civil laws such as the Hindu Marriage Act (1955) and the Hindu Succession Act (1956), have been important steps towards the aims embodied in the Uniform Civil Code directive.
• Art. 45: Many states enacted legislation to provide compulsory primary education and subsequent developments have given stronger legal recognition to the right to education.
• Art. 46: Programmes and schemes for the education and welfare of Scheduled Castes and Scheduled Tribes and other weaker sections have been adopted; constitutional and legislative measures have provided reservations in public employment and educational institutions.
• Art. 47: Community development programmes, health and nutrition schemes and targeted welfare measures for rural populations and children have been launched to raise standards of living and public health.

Limitations and Relationship with Fundamental Rights

The Directive Principles are not enforceable in courts; therefore, their realisation depends on political will, resources and legislative action. Tensions have occasionally arisen between Fundamental Rights and Directive Principles when a law enacted to implement a directive is challenged as violating a Fundamental Right. In such cases, courts have attempted to harmonise the two sets of provisions so as far as possible to give effect to both.

Conclusion

The Directive Principles of State Policy provide a constitutional blueprint for social and economic transformation. They set long-term goals for the State and inform policy and legislation even though they are not directly enforceable. Over time, many directives have influenced legislation and public policy; continued implementation remains essential for achieving the Constitution's vision of social, economic and political justice.