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Directive Principles of State Policy
1.
2. THE CONSTITUTION OF INDIA IS THE SUPREME LAW
OF INDIA.
IT CAME INTO EXISTENCE ON JANUARY 26, 1950.
IT IS THE LONGEST WRITTEN CONSTITUTION OF
ANY SOVEREIGN COUNTRY IN THE WORLD,
CONTAINING 444 ARTICLES, 12 SCHEDULES, 22
PARTS AND 94 AMENDMENTS.
PART IV (ARTICLE 36-51) DEALS WITH VARIOUS
DIRECTIVE PRINCIPLES OF STATE POLICY
3. HISTORY
THE CONCEPT OF DIRECTIVE PRINCIPLES OF STATE POLICY WAS BORROWED FROM THE IRISH
CONSTITUTION.
THE MAKERS OF THE CONSTITUTION OF INDIA WERE INFLUENCED BY THE IRISH NATIONALIST
MOVEMENT.
THE PRINCIPLES HAVE BEEN INSPIRED BY THE DIRECTIVE PRINCIPLES GIVEN IN THE
CONSTITUTION OF IRELAND AND ALSO BY THE PRINCIPLES OF GANDHISM; AND RELATE TO
SOCIAL JUSTICE, ECONOMIC WELFARE, FOREIGN POLICY, AND LEGAL AND ADMINISTRATIVE
MATTERS.
4. DIRECTIVES
ARTICLE 36:-
“THE STATE” INCLUDES THE GOVERNMENT AND
PARLIAMENT OF INDIA AND THE GOVERNMENT AND THE
LEGISLATURE OF EACH OF THE STATES AND ALL LOCAL OR
OTHER AUTHORITIES WITHIN THE TERRITORY OF INDIA
OR UNDER THE CONTROL OF THE GOVERNMENT OF INDIA.
ARTICLE 37:-
THE PROVISIONS CONTAINED IN THIS PART SHALL NOT BE
ENFORCED 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.
5. ARTICLE 38 :-
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.
ARTICLE 39 :-
IT STATES THAT THERE ARE CERTAIN PRINCIPLES OF POLICY THAT HAS TO BE
FOLLOWED BY THE STATE.
• EQUAL RIGHTS TO MEN AND WOMEN.
• OWNERSHIP OF RESOURCES.
• EQUAL PAY FOR EQUAL WORK.
• PROTECTION OF CHILDREN.
6. ARTICLE 39 :-
ARTICLE 39 (A): CITIZENS (MEN AND WOMEN) SHALL HAVE THE RIGHT TO AN
ADEQUATE MEANS OF LIVELIHOOD.
ARTICLE 39 (B): OWNERSHIP AND CONTROL OF MATERIAL RESOURCES OF THE
COMMUNITY SHALL BE DISTRIBUTED TO AS TO SUB SERVE THE COMMON GOOD.
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.
ARTICLE 41 :-
IT STATES THAT THE CONSTITUTION PROVIDES THAT “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.”
7. ARTICLE 42 :-
PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY
RELIEF.
ARTICLE 43 (A) :-
IN THIS ARTICLE IT TALKS ABOUT THE LIVING WAGE, GOOD WORKING
CONDITIONS, ETC., FOR WORKERS.
ARTICLE 43 (B) :-
PROMOTION OF COOPERATIVE SOCIETIES. [THE STATE SHALL ENDEAVOR TO
PROMOTE VOLUNTARY FORMATION, AUTONOMOUS FUNCTIONING, DEMOCRATIC
CONTROL AND PROFESSIONAL MANAGEMENT OF CO-OPERATIVE SOCIETIES.]
8. ARTICLE 44 :-
CONSTITUTION OF INDIA DECLARES THAT “THE STATE SHALL
ENDEAVOR TO SECURE FOR THE CITIZENS A UNIFORM CIVIL
CODE THROUGHOUT THE TERRITORY OF INDIA.” A UNIFORM CIVIL
CODE ADMINISTERS THE SAME SET OF SECULAR CIVIL LAWS TO
GOVERN ALL PEOPLE IRRESPECTIVE OF THEIR RELIGION, CASTE AND
TRIBE.
ARTICLE 45 :-
“THE STATE SHALL ENDEAVOR 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”.
9. ARTICLE 46 :-
PROMOTION OF EDUCATIONAL AND ECONOMICAL INTERESTS OF SCHEDULED
CASTS, SCHEDULED TRIBES AND OTHER WEAKER SECTIONS.
ARTICLE 47 :-
DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND THE STANDARD OF
LIVING AND TO IMPROVE PUBLIC HEALTH.
ARTICLE 48 (A) :-
PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND SAFEGUARDING OF
FORESTS AND WILDLIFE.
ARTICLE 48 (B) :-
“SPECIFICALLY LAYS DOWN THAT THE STATE SHALL ENDEAVOR TO PROHIBIT THE
SLAUGHTER OF COWS AND CALVES, OTHER MILCH AND DRAUGHT CATTLE".
10. ARTICLE 49 :-
IT STATE TO PROTECT EVERY MONUMENT OR PLACE OF OBJECT OF ARTISTIC OR
HISTORIC INTEREST DECLARED BY OR UNDER LAW MADE BY PARLIAMENT TO BE
OF NATIONAL IMPORTANCE.
ARTICLE 50 :-
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.
• JUST AND HONOURABLE RELATIONS.
• ENCOURAGE SETTLEMENT OF INTERNATIONAL DISPUTES BY ARBITRATION.
11.
12. 1. UNIFORM CIVIL CODE :-
UNIFORM CIVIL
CODE (UCC) WILL MEAN THAT ALL THESE
DIFFERENT LAWS WILL BE REPLACED BY A
NEW LAW WHICH WILL BE APPLICABLE FOR ALL,
IRRESPECTIVE OF THEIR RELIGION. INDIA IS A
SECULAR COUNTRY – AND EVERY CITIZEN IS
EQUAL IN THE EYES OF LAW.
2. ORGANIZATION OF AGRICULTURE AND
ANIMAL HUSBANDRY :-
THE STATE SHALL ENDEAVOR 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.
13. 3. PROTECTION OF ENVIRONMENT :-
THE CHAPTER ON FUNDAMENTAL DUTIES OF
THE INDIAN CONSTITUTION CLEARLY
IMPOSES DUTY ON EVERY CITIZEN
TO PROTECT ENVIRONMENT. ... ARTICLE 48 -
A OF THE CONSTITUTION SAYS THAT “THE
STATE SHALL ENDEAVOR TO PROTECT AND
IMPROVE THE ENVIRONMENT AND TO
SAFEGUARD THE FORESTS AND WILD LIFE OF
THE COUNTRY”.
4. ORGANIZATION OF VILLAGE PANCHAYATS
:-
ARTICLE 40 OF THE CONSTITUTION WHICH
ENSHRINES ONE OF THE DIRECTIVE
PRINCIPLES OF STATE POLICY LAYS DOWN
THAT THE STATE SHALL TAKE STEPS
TO ORGANIZE VILLAGE PANCHAYATS AND
ENDOW THEM WITH SUCH POWERS AND
AUTHORITY AS MAY BE NECESSARY TO
14.
15. (1) PARTICIPATION OF WORKERS IN MANAGEMENT OF
INDUSTRIES:
ARTICLE 43-A PROVIDES THAT 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.
(2) RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN
CERTAIN CASES:
ACCORDING TO 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 PUBLIC EMPLOYMENT, OLD AGE,
SICKNESS AND DISABLEMENT, AND IN OTHER CASES OF UNDESERVED
WANT.
16. (3) PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK
AND MATERNITY RELIEF:
ARTICLE 42 PROVIDES THAT THE STATE SHALL MAKE PROVISIONS
FOR SECURING JUST AND HUMANE CONDITIONS OF WORK AND
FOR MATERNITY RELIEF.
(4) LIVING WAGES FOR WORKERS:
ARTICLE 43 REQUIRES THE STATE TO ENDEAVOUR TO SECURE BY
SUITABLE LEGISLATION OR ECONOMIC ORGANIZATION 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.
17. (5) PROVISION OF FREE AND COMPULSORY EDUCATION OF
CHILDREN:
ARTICLE 45 PROVIDES THAT THE STATE SHALL ENDEAVOUR TO
PROVIDE WITHIN A PERIOD OF TEN YEARS FROM THE COMMENCEMENT
OF THE CONSTITUTION, FOR FREE AND COMPULSORY EDUCATION FOR
ALL CHILDREN UNTIL THEY COMPLETE THE AGE OF FOURTEEN YEARS.
(6) PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS
OF SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER
WEAKER SECTIONS:
ARTICLE 46 PROVIDES THAT 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.
18. (7) DUTY OF THE STATE TO RAISE
LEVEL OF NUTRITION AND THE
STANDARD OF LIVING AND TO
IMPROVE PUBLIC HEALTH:
ARTICLE 47 MAKES PROVISION THAT
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 DRUGS
WHICH ARE INJURIOUS TO HEALTH.