Article 36 – 51

DIRECTIVE PRINCIPLES OF STATE POLICY

Introduction — The Directive Principles of State Policy contained in Part IV of the Constitution set
out the aims and objectives to be taken up by the States in the governance of the country This novel
feature of the Constitution is borrowed from the constitution of Ireland which had copied it from the
Spanish Constitution. The idea of welfare State envisaged by our Constitution can only be achieved if
the States endeavour to implement them with a high sense of moral duty.
The Directive Principles lay down certain economic and social policies to be pursued by the various
Governments in India they impose certain obligations on the State to take positive action in certain
directions in order to promote the welfare of the people and achieve economic democracy.

Underlying object behind the Directive Principles —

The Directive Principles are the ideals which the Union and State Governments must keep in mind
while they formulate policy or pass a law. They lay down certain social economic and political
principles suitable to peculiar conditions prevailing in India.
If the Union or State government made any law then it is the responsibility of the union or state
government to follow the guiding principle of the state policy. The Objective behind the Directive
Principles of State Policy is the welfare of the State. One of the important objectives behind the
Directive Principles of State Policy is to achieve the goal of welfare state. The aim of the Directive
Principle of State Policy is to improve the social and economic condition of the citizen so that they
can enjoy the good life. Directive Principle of State Policy acts as a check and balance for the
Government so that in the upcoming election a citizen of the country can cast their vote according
to the performance of the previous government. The success and failure of the government can be
judged by their Policies and Principles and if the government fails to implement the Directive
Principle in the State in a proper way, then they can lose the upcoming election. That’s why the
Directive Principle of State Policy makes an obligation on the State that within the time period by
implementing the principle, State can achieve its goal.
Thus, it is clear that the main object in enacting the directive principles appear to have been to set
standards of achievements before the Legislature and the Executive, the local and other authorities
by which their success of failure can be judged. It should, however, be noted that the directive
principles do not impose any particular brand or pattern of economic or social order. They lay down
the goals which may be achieved through various means which have to be devised from time to
time.

Socialist Principles Gandhian Principles Liberal Principles International

Principles
Article – 38, 39, 39A, Article - 40, 43, 43B, Article – 44, 45, 48, Article - 51
41, 42, 43, 47 46 49, 50

Article 36 – Definition
In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part 3.
(So, State = GOI + Parliament
Government of State + State legislature
Other Authorities
Local Authorities)

Article 37 – Application of principles contained in this part

The provisions contained in this Part (i.e 4) 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.
Classification of the Directives —
The Directives may be classified into the following groups :
Social and Economic Charter-Articles 38 and 39 embody Distributive Justice –
Articles 38 and 39 embody the jurisprudential doctrine of “distributive justice”. The Constitution
permits and even directs the State to administer what may be termed “distributive justice”.

Social order based on justice — Article 38 – State to secure a social order for the promotion of
welfare of the people
Article 38 (1) provides that 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 national life.
This directive only reaffirms what has already been said in the Preamble according to which the
function of the Republic is to secure to all its citizens social, economic and political justice.

Article 38(2) – inserted by The Constitution (44th Amendment) Act 1978

It provides that the State shall in particular strive to minimise 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 area or engaged in different vocations.
The new clause aims at equality in all spheres of life. It would enable the State to have a national
policy on wages and eliminate inequalities in various spheres of life.

Article 39 – Certain principle to be followed by the State –

the Indian Constitution directs the State to follow the principles while making policy for the Citizen.
a) Men and Women will have an equal right in the means of livelihood.
b) It is the responsibility of the State to distribute the ownership and control of the material to
the common people.
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) To protect health and strength of workers and tender age of children and to ensure that
they 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.

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 shopping
complexes, parks, roads drains, playgrounds etc.

In Randhir Singh v UOI

SC held that directive principle of equal pay for equal work is not a fundamental right but since it is a
constitutional goal it can be enforced through A32.

In MC Mehta v State of Tamil Nadu

has held that children below the age of 14 years cannot be employed in any hazardous industry, or
mines or other work.
In so far as the non-hazardous jobs are concerned the Inspector shall have to see that the working
hours of the child are not more than4 to 6 hours a day and it received education at least two hours
each day. The entire cost of education shall be borne by the employer.
Article 39(A) - Equal justice and free legal aid to economically backward classes
Inserted by the 42nd Amendment
Legal aid and 'speedy trial have now been held to be fundamental rights under Article 21 of the
Constitution available to all prisoners and enforceable by the courts. The State is under a duty to
provide lawyer to a poor person and it must pay to the lawyer his fee as fixed by the Court.
The Indian Constitution says that it is the duty of the State to provide free legal aid to all the citizen of
the country. It is the responsibility of the State to make provisions and schemes regarding free legal
aid so that economically backward classes can take the benefit of that. Legal Aid and Speedy trial is
now a fundamental Right which comes under Article 21 of the Indian Constitution. Even all the
prisoners can enjoy this right.

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 unites of self-government.

the Indian Constitution talks about Panchayati Raj System. It is the responsibility of the State to take
all the steps for the establishment of the Panchayati Raj.
Panchayati Raj is the pillar of the Indian Political System. It is the oldest form of Local self-
government. Panchayati Raj election is the grassroots of Indian Democracy. All the members of
Panchayati Raj are elected by the democratic process. Panchayati Raj System has been inserted in
the Constitution by the 73rd Constitutional Amendment in 1973. Rajasthan was the first state to
adopt the Panchayati Raj System. The election of the Panchayati Raj System is conducted by the
State Election Commission. State Finance Commission Provides the funds for the betterment of the
Panchayati Raj system.
Panchayati Raj System has been inserted in the Indian Constitution by the 73rd Constitutional
Amendment in 1992.
On the recommendations of the Balwant Rai Committee, the Panchayati Raj System has been
divided into three tiers:
1) Village Panchayat;
2) Panchayat Samiti;
3) Zila Parishad.

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

It directs the State to ensure the people within the limit of its economic capacity and development
a) employment b) education, and (c) 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 relies
It directs the State to make provision for securing just human conditions and for maternity relief.
Maternity Benefit Act, 1961
Equal Remuneration Act, 1976
Factories Act, 1948 has been passed through this article.

Article 43 – Living wage, etc, for workers

It requires the State to try to secure by suitable legislation or economic organisation or in any other
way to all workers, agricultural, industrial or otherwise 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-operation
basis in rural areas.
 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 and insurance etc.

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

It requires the State to 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 43(B) Promotion of co-operative societies

The State shall endeavour to promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.
Only state can make laws regarding co-operative societies since it comes under State list.

Article 44 – Uniform civil code for the citizens

The Stae shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India.
All marriages must be registered First step towards Uniform Civil Code. - In Seema v Ashwani
Kumar,' the Supreme has held that all marriages, irrespective of their religion, be compulsorily
registered.

In Sarla Mudgal v. Union of India, the Supreme Court has directed the Prime Minister to take fresh
look at Art. 44 of the Constitution which enjoins the State to secure a uniform civil code which,
accordingly to the Court is imperative for both protection of the oppressed and promotion of
national unity and integrity. The Court directed the Union Government through the Secretary to
Ministry of Law and Justice, to file an affidavit by August 1995 indicating the steps taken and efforts
made, by the Government towards securing a uniform civil code for the citizens of India.

In Noor Saba Khatoon v Mohd Quasim, the Supreme Court held—A divorced Muslim woman is
entitled to claim maintenance for her children till they become major. Both under the Muslim
Personal Law and under Section 125 of the Criminal Procedure Code 1973 the obligation of the
father is absolute when the children are living with the divorced wife.

In Daniel Latif V UOI, the SC held that a Muslim divorced women has a right to maintenance even
after iddat period.

Article 45 – Provision for early childhood care and education to children below the age of six years
the Indian Constitution directs the state to make provision regarding free and compulsory education
to all children till the age of 14 years. The reason behind free education to all the children is to
eradicate the illiteracy rate.

In the case of Unni Krishnan v State of AP, the Apex Court held that the Right to education, up to
the age of 14 years is a Fundamental Right and it will come under the purview of Article 21 that is
Right to life and personal liberty.

Article 46 – Promotion of educational and economic interests of SCs, STs and other weaker
sections
Indian Constitution grants the power to State to do promotion of the educational and economic
interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of the society. The state
has also the responsibility to protect them from all forms of exploitation and injustice from society.
Article 47 – Duty of the State to raise the level of nutrition and the standard of living and to
improve public health
It 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 In particular the State should bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to
health.
The state has the power to prohibit all intoxicating drinks and drugs which are injurious to health
except medical purposes.

Article 48 – Organisation of agriculture and animal husbandry

It directs the State to take steps to organise agriculture and animal husbandry on modern and
scientific lines. In particular it should take steps for preserving and improving the breeds, and
prohibiting the slaughter of cows and calves and other milch and draught cattle.

Article 48(A) – Protection and improvement of environment and safeguarding of forests and
wildlife
It requires the State shall to take steps to protect and improve the environment and to safeguard
the forests and wild life of the country.
In MC Mehta v UOI, the SC relying on Article 48(A) gave directions to the Central and the State
governments and various local bodies and Boards under the various statutes to take appropriate
steps for the prevention and control of pollution of water.

In Arjun Gopal v UOI, the SC as an interim relief directed the Central government in public interest
to suspend all licences which permit sale of fire works in the NCR which would remain in force till
further orders of the court as the use of fireworks in NCR was major source of air and noise
pollution. It held that the duty to ensure healthy environment not only was the State government
but also of Central government.

In T. N. Godavarman Thirumulpad v Union of India,' in a writ petition seeking protection for

directing to prepare rescue plan to save wild buffalo from extinction, the plea of the State
Government that there was lack of funds to undertake various programmes for protection of wild
buffalo, was held to be not tenable. The State Government was directed to give full effect to
centrally sponsored scheme for saving wild buffalo.

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

It requires the Stet to protect every monument or place or object of artistic or historic interest to be
of national importance from spoilation, disfigurement, destruction, removal, disposal or export.
Pursuant to this the Parliament has enacted the Ancient and Historical Monuments and
Archaeological Sites and Remains Act, 1951.

Article 50 – Separation of judiciary from executive

It requires the State to take steps to separate the Judiciary from the Executive in the public services
of the State. To promote the rule of law it is very essential.
The guardian of the constitution is Judiciary. If the executive will start working like judiciary then
there will be a clash of power

In the case of Kesvanand Bharti v UOI, it was held that separation of powers is the basic structure of
constitution.
Another important case law is of Indira Nehru Gandhi v Raj Narain

Article 51 – promotion of international peace and security

It provides that the State should strive 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
d) encourage settlement of international disputes by arbitration
It is the responsibility of the State to Promote peace and security with another country.
It is the responsibility of the State to maintain good relations with another country. Good relations
with another country help the State in many ways.
There are many international laws and treaties that were signed between the two State so it is the
obligation on State to Respect or obey all the treaties and International Law. It also says that if any
dispute arises between the two State then it is the responsibility of the State to settle the dispute by
Arbitration.

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 the growing concern for
human rights in the country and abroad.

Relationship between Directive Principles and Fundamental Rights

Fundamental Right limits the power of the Government while making any law which means that the
Government doesn’t have any authority to make a law that is inconsistent with the Fundamental
Right. But the Directive Principle of State Policy are guidelines to state for achieving certain goals. If
your fundamental right has been violated then you can go to the court by Article 32 but in violation
of the Directive Principle of State policy, you can’t go to the court.
Nowadays, there are many debates that run that there is no use of Directive Principles of State
Policy in the State because it is not enforceable in the Court but in the current scenario, it plays an
important role for the betterment of the society.
You can read the Directive Principle of State Policy into the Fundamental Right. You can take the
example of the Right to education.
The Directive Principle of State Policy expands the ambit of the fundamental rights.
In the past, there are many judicial pronouncements that have been pronounced by the Apex Court
in which they draw the line between them.
Madras v. Champakam Dorairajan
In this case, the Apex Court held that the Directive Principle of State policy is the subsidiary to the
Fundamental Right because Fundamental Right is enforceable in a Court of law while the Directive
Principle of State Policy is not. Directive Principle of State Policy will run according to the
Fundamental Right. (Fundamental rights will prevail over DPSP)
Re Kerala Education Bill
In the case of Re Kerala education bill, the Supreme Court held that there is no conflict between the
Fundamental Right and Directive Principle of State Policy. Fundamental Right and Directive Principle
of State policy are Complementary and Supplementary to each other. (In order to determine
fundamental rights, the court will take into consideration the DPSP)
Further, the Court held that they are elastic and wide in nature so that in the future it can change
according to the needs of the Society. Supreme Court held that the Directive Principle of State Policy
is the Integrated scheme.
Kesvanand Bharti V State of Kerala
Fundamental rights and directive principles aim at the same goal of bringing about a social
revolution and establishment of welfare state and they can be interpreted and applied together.
Unni Krishnan v. State of A.P.
the Supreme Court has reiterated the same principle that the fundamental rights and directive
principles are supplementary and complementary to each other and the provisions in Part III should
be interpreted having regard to the preamble and Directive Principles of the State Policy.'Minerva
Mills Case
In Minerva Mills case, the Supreme Court observed that fundamental rights are not the end of the
path and end are specified in the Directive Principle of State Policy. Further, the Court explained that
you can’t give primacy to one. One has to give priority to both.
The harmony and balance between the Fundamental Rights and Directive Principle of State Policy is
an essential feature of the Constitution.
Ashok Kumar Thakur v. UOI
In this case, the Court held that you can’t make the distinction between the Set of Rights.
Fundamental Right has different goals while Directive Principle of State Policy has different goals.
Fundamental Right Represent the Civil and Political Right while the Directive Principle of State Policy
represents the Social and Political Right. Further, the Court explained that the Directive Principle of
State Policy is not enforceable in a court of law that doesn’t mean that these are subordinate.

Directive Principles have given the status of Fundamental Rights: A New Dimension
It is true that by the judicial pronouncements the court has given a new dimension to the Directive
Principles of State Policy. In some cases, the Directive Principle of State Policy interpreted the
concept of a fundamental right.
In the Unnikrishna case, the Supreme Court changed the status of the Directive Principle into the
Fundamental Right. That’s why the status of A45 of the Indian Constitution has been changed from
the Directive Principle into the Fundamental Right. So that from the age of 6 to 14 years, it is the
responsibility of the State to provide free and compulsory education to all children. And it is
enforceable in a Court of Law. There is another example that has taken the shape of a Fundamental
Right is Equal Pay for Equal Work. In the case of Randhir Singh, the Supreme Court held that Equal
pay for equal work is a Fundamental Right and it is enforceable in a Court of Law.
In the case of MH Hoskot v State of Madras the Supreme Court held that fair legal aid is an integral
part of a fair procedure of court and it is the duty of the government to provide free legal aid. Free
legal aid comes under A21 of Indian Constitution. While in the case of Hussainara khaitoon, Supreme
Court held that detention of under trial prisoners is a violation of A21 and Right to a Speedy trial is a
fundamental Right Speedy trial is the Fundamental Right of the citizen which will come under A21 of
the Indian Constitution.

Difference between DPSP and Fundamental rights

DPSP Fundamental rights
1) 1 Article 36 to 51 of Indian Constitution 1) Article 12 to 35 of Indian Constitution
deals with Directive Principle of State deals with Fundamental Right. It is in
Policy. It is in part IV of Indian part III of the Indian Constitution
Constitution
2) 2. They are positive in nature because it 2) They are negative in nature because
require the State to do certain things. they prohibit the State from doing
certain things.
3) 3. Directive Principle aren’t enforceable 3) Fundamental Rights are enforceable in
in a court of law. a Court of law.
4) 4. Directive principle promote the 4) Fundamental Rights promote the
welfare of the Community. welfare of Individual
5) 5. Directive Principle require 5) For the implementation of
legislation for the implementation Fundamental Right it doesn’t require
any legislation.
 Article 51(A) – Fundamental Duties
This new Part IV-A which consists of only one Article 51-A was added to the Constitution by the 42nd
Amendment Act, 1976. This Article for the first time specifies a code of ten fundamental duties for
citizens.
Our Constitution has provided us with various rights and expects us to perform certain duties as a
return. A51(A) talks about these Fundamental Duties and has 11 fundamental duties that are
expected to be performed by the citizens (there were 10 earlier and 11th was added later by the
86th amendment).
a) We need to follow our Constitution and should respect our national flag and national
anthem.
b) Should follow the ideals of the freedom struggle.
c) Protect the sovereignty and integrity of our nation.
d) Protect our nation and provide national services when required.
e) Should have the spirit of a common brotherhood.
f) Preserve the culture of our country.
g) Protect the environment of our country.
h) Generate scientific rationale for every thought.
i) To protect public property.
j) Strive for excellence.
k) It is the duty of every parent to send their children between 6-14 years to school.

It is required to protect the sovereignty of our nation. To maintain the unity and integrity of our
nation. Rights and duties go hand in hand and cannot be separated at any cost. Fundamental duties
and fundamental rights are two sides of a coin which we know that it can’t be separated. Also, it is
found as the need of the hour to introduce fundamental duties in our constitution.

Need for Fundamental Duties-

Rights and duties are correlative The fundamental duties are, therefore, intended to serve as a
constant reminder to every citizen that while the Constitution specifically conferred on them certain
fundamental rights it also requires citizens to observe certain basic norms of democratic conduct
and democratic behaviour.

Source of fundamental duties —

t is significant to note that none of the constitutions of western countries specifically provide the
duties and obligations of citizens Among the democratic constitutions of the world we find mention
of certain duties of the citizens in the Japanese Constitution.
Indian National Congress formed the Sardar Swaran Singh Committee.
The main purpose of this committee was to suggest the amendment in the Constitution of India
(mainly for the recommendations of fundamental duties). This committee suggested that the
citizens should know that for the enjoyment of their rights they also have some duties and they
should be abided by those duties. This committee recommended 8 points of fundamental duties.
These were as follows:
- To respect the constitution of our country.
- To uphold the sovereignty and maintain unity and integrity of the nation.
- To respect the democratic institutions.
- To protect our country and provide national services when asked to do so.
- Affirm communalism in any form.
- To promote the common good of people and cooperate in the implementation of the
Directive Principle of State Policy.
- To safeguard public property.
- Pay taxes according to rules and regulations.
However, all of the recommendations were not accepted and some further changes were made to
the recommendations of the Swaran Singh Committee and Fundamental Duties were finally inserted
by the 42nd amendment in the Indian Constitution in the year 1976. However, initially, there were
only ten fundamental duties and the 11th duty was added later by the 86th amendment in 2002.
Many countries in this world have the fundamental duty mentioned in their constitution. For
example, Articles 43-45 of the Democratic Republic of Vietnam talks about the duties of citizens
towards the nation. Similarly, Article 194 of The Netherlands also mentions about the same. Japan
has also mentioned the fundamental duty of the residents of the country. The idea of Fundamental
Duties which has been mentioned in our constitution is basically taken from the constitution of
Russia ( then USSR). These fundamental duties are mentioned in Chapter 10 of the Constitution of
the USSR. The concept of Fundamental Duties have also been discussed in the Universal Declaration
of Human Rights and also in the International Covenant on Civil and Political Rights.

Enforcement of duties.—
The duties incorporated in the Constitution by the 42nd Amendment are statutory duties and shall
be enforceable by law Parliament by law will provide penalties to be imposed for failure to fulfil
those duties and obligations The success of this provision would, however depend much upon the
manner in which and the person against whom these duties would be enforced. For the proper
enforcement of duties it is necessary that it should be known to all. This should be done by a
systematic and intensive education of the people that is by publicity or by making it a part of the
syllabi and curriculum of education. The Law Minister has himself suggested this Most of the people
of this country are illiterate and not politically conscious of what they owe to society and country
Homes Universities, officers and their places of work should all be made centres for imparting in the
performance of their obligations.
In M. C. Mehta v Union of India, the Supreme Court has held that under Art. 51-A g) it is the duty of
the Central Government to introduce compulsory teaching of lessons at least for one hour in a week
on protection and improvement of natural environment in all the educational institutions of the
country.
Fundamental Duties – Aid to interpretation of Constitutional provisions-
In AllMS Students Union v AIIMS, speaking about the importance of Fundamental duties enshrined
in Article 51A while striking down the institutional reservation of 33% in AIIMS coupled with 50%
reservation discipline wise as violative of Article 14 of the Constitution, the Supreme Court said that
they are equally important like fundamental rights.
Though fundamental duties are not made enforceable like fundamental rights but it cannot overlook
as “duties in Part IV-A is prefixed by the same word "fundamental” which was prefixed by the
founding fathers of the Constitution to “right" in Part III.
Though Article 51-A does not cast any fundamental duty on the State. The facts remain that the duty
of every citizen is the collective duty of the State. Fundamental duties though not enforceable by a
writ of the Court, yet provide a valuable guide and aid to interpretation of constitutional and legal
issues.

In State of Gujarat v Mirazpur Moti Kureshi Kassab Jamat, the petitioners have challenged the
constitutional validity of the Bombay Animal (Preservation of Gujarat Amendment Act 1994, by
which the State had prohibited slaughter of cows and its progeny on the ground that it was violative
of their right to carry on business under Article 19 (1) g) of the Constitution The Supreme Court held
that the ban imposed by the Act is a reasonable restriction on their business and in the interest of
general public within the meaning of clause 6) of Article 19 of the Constitution Restrictions imposed
for promoting the objectives of the directive principles in Article 48 and Article 51-A is a reasonable
restriction on fundamental right of the petitioners to carry on business and therefore, valid.