Theoretical overview
The directive principles of state policy are the ideals which the union and state must keep in mind while they formulate policy or a law. It is contained in part IV of the constitution which set out the aims and objectives to be taken up by the states in the governance of the country. Dr Ambedkar aptly describes them as a novel feature of the constitution of India. The need for these ideals arose as the state has shifted his role to a welfare state which has to promote the prosperity and well being of the people. They impose certain values and obligations on the state to take positive actions in certain directions in order to promote the welfare of the people and achieve economic democracy.
It is to be noted that these principles are mere principles which reminds state that they should work for the welfare of state. These principles are not justiciable which means that nobody can approach the court if these principles are not followed by the state. They are mention under article 36 to article 51 of the Indian constitution.
Classification of the directives
Article 38 talks about social order based on justice. The function of republic is to secure to all its citizens social, economic and political justice. The clause 2 of the same provides that state shall strive to minimize inequalities in income and opportunities amongst groups of people residing in different areas.
Article 39 secures the following principles –
- Equal right of mem=n and women to adequate means of livelihood
- Equal pay for equal work for both men and women
- Economic system should not result in concentration of wealth
- To protect health and strength of workers and tender age of children.
That children are given opportunities and facilities to develop in a healthy manner.
Article 39-A directs the state to provide free legal aid by suitable legislation or schemes to ensure that justice should not be denied to anybody by the reason of economic or other disabilities.
Article 41 directs state to ensure economic development in terms of employment, education and public assistance in cases of undeserved want.
Article 42 directs state to make provision for securing just and humane conditions of work.
Article 43 requires the state to secure a decent standard of the conditions of the work and full enjoyment of leisure by them. It also directs to promote cottage industries on an individual or co-operative basis in rural areas. While 43-A requires the state to take steps to secure the participation of workers in management of undertakings engaged in any industry.
Article 44 requires the state to strive to secure for the citizens a uniform civil code throughout the territory of India. Article 45 requires provision for free and compulsory education for all children until they complete the age of 14 years with the object to abolish illiteracy from the country.
Article 46 tells state to promote educational and economic interest of the weaker section in particular of the SC/ST and protects them from all forms of exploitation while article 47 imposes duty upon the state to raise the level of nutrition and the standard of living of its people and the improvement of public health.
Article 48 directs state to take step to organize agriculture and animal husbandry on modern and scientific lines to preserve and improves the breeds and to prohibit the slaughter of cows and calves and other milch while 48A requires state to protect and improve environment and to safeguard the forests and wildlife of the country.
Article 49, on the other hand, require state to protect every monument or place or object of artistic or historic interest.
Article 50 is one of the most important articles of the directive principle of state policy. It separates judiciary from executive in the public services of the state. This in other sense ensures the independence of judiciary.
Article 51 provides the state to promote international peace and security and maintain just and honorable relations between nations.
Relation between directive principles and fundamental rights
Article 37 of the constitution states that directive principles are not enforceable while fundamental rights are enforceable. The directive principles are not so enforceable by court nor can the courts declares as void any law which is otherwise void on the ground that it contravenes any of the directives. For ex. If the government does not separate judiciary from the executive to introduce free and compulsory education, the courts cannot help the aggrieved. In case of conflict between fundamental rights and directive principles, fundamental rights shall prevail. However, in determining the scope and ambit of fundamental rights, the court may not entirely ignore the directive principles but should adopt the principles of harmonious construction and should attempt to give effect to both as much as possible.
These principles have been declared to be fundamental in the governance of the country. If any government ignores them, they will certainly have to answer for them before the electorate at the time of election. Fundamental rights and directive principles are meant to supplement one another as fundamental rights lay down the means by which the goal of the principles can be achieved.
Relevant articles
Article 36.– Definition In this Part, unless the context otherwise requires, the State has the same meaning as in Part III
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 minimize the inequalities in income, and endeavor 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
(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as best to subserve 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
Article 39. A 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 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
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 endeavor 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 cooperative basis in rural areas
Article 43. A 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 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
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 interests, 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
(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 organised peoples with one another; and encourage settlement of international disputes by arbitration
Important case laws –
State of Madras vs. Champakam Dorairajan – the directive principle of state policy cannot override the provisions found in part 3 of the constitution.
Re Kerela Education Bill,1951 – in determining the scope and ambit of fundamental rights, the court may not entirely ignore the directive principles but should adopt the principles of harmonious construction and should attempt to give effect to both as much as possible.
Points to remember
- The directive principles of state policy are the ideals which the union and state must keep in mind while they formulate policy or a law.
- The need for these ideals arose as the state has shifted his role to a welfare state which has to promote the prosperity and well-being of the people.
- It is to be noted that these principles are mere principles which reminds state that they should work for the welfare of state. These principles are not justiciable which means that nobody can approach the court if these principles are not followed by the state. They are mention under article 36 to article 51 of the Indian constitution.
- Article 50 is one of the most important articles of the directive principle of state policy. It separates judiciary from executive in the public services of the state. This in other sense ensures the independence of judiciary.
- Article 37 of the constitution states that directive principles are not enforceable while fundamental rights are enforceable. The directive principles are not so enforceable by court nor can the courts declares as void any law which is otherwise void on the ground that it contravenes any of the directives.
