Directive Principles of State Policy - Polity and Constitution, UPSC, IAS. | Polity and Constitution (Prelims) by IAS Masters PDF Download

Directive Principles of State Policy

Chapter -6  

 Part –IV consists of Articles 36-51 on DIRECTIVE PRINCIPLES OF STATE POLICY

• This novel feature of the Constitution has been adopted from the Constitution of the Ireland.
• The Directive Principles of the Constitution of India are a unique blend of Socialism, Gandhism, Western liberalism, and the ideals of the Indian freedom movement.
• They are in the nature of directions or instructions to the State.
• Article 37 says that Directive Principles are not justiciable but are fundamental to the Governance of the Country, and the State has the duty in applying the Directive Principles of State

Policies (DPSPs).

• The reason for making the DPSPs explicitly unjusticiable is that they require resources which the State may not have at present.

These principles can be classified under the following categories:

The Socialist Principles

• Article 38: To secure a social order for the promotion of welfare of the people.

• Article 39: To strive to minimise inequalities of income.

• Article 39 (b): Ownership and control of material resources of the community shall be so distributed so as to subserve the common good.

• Article 39 (d): Equal pay for equal work.

• Article 39(e): Health and strength of workers, and the tender age of children must not be abused.

• Article 39A: Equal justice and free legal aid.

• Article 42: Provision of just and humane conditions for work and maternity relief.
• Article 43 A: Participation of workers in the management of the industries.

The Gandhian Principles

• Article 40: Organization of Village Panchayats.

• Article 46: Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society.

• Article 48: Organization of agriculture and animal husbandry on modern and scientific lines to prohibit the slaughter of cows, calves and other milch and draught animals.
• Article 43: To promote cottage industry.

• Article 47: To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.

The Western Liberal Principles

• Article 44: Uniform Civil Code for the citizens.

• Article 45: Provide free and compulsory education for children below 14 years.
• Article 50: Separation of Judiciary from Executive.

• Article 51: To promote international peace and amity.

Article 36

Definition — In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III (Art. 12). 

 Article 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.

Article 38

State to secure a social order for the promotion of welfare of the people.—

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 the institutions of the national life.
2. The State shall, in particular, strive to minimise 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 or engaged in different vocations.

 Article 39

Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing—

1. that the citizens, men and women equally, have the right to an adequate means of livelihood;
2. that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;
3. that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;
4. that there is equal pay for equal work for both men and women;
5. 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;
6. 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.

Article 39A

Equal justice and free legal aid.—

The State shall secure that the operation 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.

 Article 40

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

 Article 41

Right to work, to education and to public assistance in certain cases.—
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.

Article 42

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

Article 43

Living wage, etc., for workers.—

The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, 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, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

Article 43A

Participation of workers in management of industries.—

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 organisations engaged in any industry.

Article 43B – Promotion of cooperative societies

 The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies

It was inserted by the Constitution (Ninety-seventh Amendment) Act, 2011 w.e.f. 15.02.2012.

Article 44

Uniform civil code for the citizens.—

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

Uniform Civil Code:

• By uniform civil code, it is meant that all sections of society irrespective of their religion shall be treated equally according to a national civil code, which shall be uniformly applicable to all.

• Civil code covers areas like marriage, divorce, maintenance, inheritance, succession of property and adoption.

• Uniform civil code (UCC) has been provided under Art 44 of the Constitution as a directive principle.

• It will enhance the status of women and therefore, it is vitally desired to achieve the empowerment of women.

• Articles 25 and 26 guarantee right to freedom of religion and UCC is not opposed to secularism or will not violate these articles.

• Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilized society.

• Marriage, succession and like matters are of secular nature and, therefore, law can regulate them.

• The UCC will not and shall not result in interference of one's religious beliefs relating, mainly to maintenance, succession and inheritance. But in matters of inheritance, right to property, maintenance and succession, there will be a common law.
• Article 25 confers right to practice and profess religion, while Article 44 divests religion from social relations and personal law.

• According to Justice R.M. Sahai “Freedom of religion is the core of our culture. But religious practices, violative of human rights and dignity and sacerdotal suffocation of essentially civil and material freedoms are not autonomy but oppression. "
Earlier Supreme Court verdicts Shah Bano case

• In Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him.

• The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125.

• After this decision, nationwide discussions, meetings, and agitation were held.
• The then Rajiv Gandhi led Government overturned the Shah Bano case decision by way of Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the Code of Criminal Procedure.

Sarla Mudgal case

• The second instance in which the Supreme Court again directed the government of Article 44 was in the case of Sarla Mudgal v. Union of India.

• In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnise second marriage.

• The Court held that a Hindu marriage solemnised under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955.
• Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. And, thus, a second marriage solemnised after converting to Islam would be an offence under Section 494 of the Indian Penal Code.
John Vallamatton case

• The priest from Kerala, John Vallamatton filed a writ petition in the year 1997 stating that Section 118 of the Indian Succession Act was discriminatory against the Christians as it impose unreasonable restrictions on their donation of property for religious or charitable purpose by will.

• The Supreme Court struck down this Section in 2003 declaring it to be

nconstitutional.
Thus, the apex court has on all these instances directed the government to realise the directive principle enshrined in our Constitution and asked to implement UCC as early as possible.

Article 45

Provision for free and compulsory education for children.—

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

Article 46

Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.—

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 injustice and all forms of exploitation.

Article 47

Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—

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.

Article 48

Organisation of agriculture and animal husbandry.—

The State shall endeavour to organise 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.

Article 48A

Protection and improvement of environment and safeguarding of forests and wild life.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

Article 49

Protection of monuments and places and objects of national importance.—
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.

Article 50

Separation of judiciary from executive.—

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51

Promotion of international peace and security.—

The State shall endeavour to—

1. promote international peace and security;
2. maintain just and honorable relations between nations;
3. foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and
4. encourage settlement of international disputes by arbitration.

Difference between FR & DPSP

• The Fundamental Rights provide the foundation of political democracy in India whereas the Directives spell out the character of social and economic democracy in India.
• Fundamental Rights are in the form of negative obligations of the State i.e. injunctions against the actions of the State. The Directive Principles are, on the contrary, positive obligations of the State towards the citizen.

• Whereas the Fundamental Rights are justiciable, the Directive Principles are non-justiciable.
Importance of the DPSP

• Article 37 declares Directive Principles as fundamental in the Governance of the Country.
• Since the Government is answerable to the people, the Directive Principles act as a sign post to all succeeding Governments.

• The Directive Principles provide the yardstick for assessing the successes or failures of these Governments.