Directive Principles of State Policy (Article 36 - 51)

The Indian Constitution provides instructions to the Central and State Governments to formulate and implement schemes for the welfare of the people. India borrowed the concept of 'Directive Principles' from Ireland. Spain was the first country in the world to include Directive Principles in its Constitution. Ireland borrowed the Directive Principles from Spain. The Tej Bahadur Sapru Committee recommended the inclusion of Directive Principles in the Constitution. The Indian Constitution includes Directive Principles in Part IV. The Articles that include Directive Principles in the Constitution are Articles 36 to 51.

The Directive Principles are the basic principles prescribed by the Constitution to make India a welfare state. It deals with the instructions that the state should follow in the administration and law-making. The Directive Principles are the non-justiciable parts of the Constitution. A citizen cannot approach the court to enforce the Directive Principles, but an Indian citizen can approach the court for fundamental rights. Part IV of the Constitution contains Gandhiji's welfare state concepts. 

Welfare State - A welfare state is a state that formulates and implements policies aimed at the welfare of all its people. Welfare states provide protection and services to the people with the aim of all-round upliftment of the people. The welfare state ensures the distribution of public resources, education and public health.

The Directive Principles are classified into three categories (there is no distinction in the Constitution).

• Socialist ideas (Articles 38, 39, 39A, 41, 42, 43)

• Liberal ideas (Articles 44, 45, 48, 48A, 49, 50, 51)

• Gandhian ideas (Articles 40, 43, 43B, 46, 47, 48)

Fundamental to the governance of the country are the Directive Principles. The operative part of the Indian Constitution is called the Directive Principles.

Characteristics of the Directive Principles 

The term "Directive Principles" refers to the ideals that states should adopt while formulating policies and making laws. The Directive Principles are similar to the Instrument of Instruction in the Government of India Act, 1935. Dr. B. R. Ambedkar opined that there is no obvious difference between the Directive Principles and the Instrument of Instruction. The Directive Principles contain the details of the economic, social and political functioning required for a modern democratic state. The Instrument of Instruction / Directive Principles were issued by the British Governor General for the governors of the colonies of British India.

The formation of a welfare state through the ideas of justice, liberty, equality and fraternity as described in the Preamble of the Constitution should be realized through these principles. And not 'police states' of a colonial nature. The Directive Principles aim to establish economic and social democracy in the country. While interpreting the law, the courts consider the directive principles. Similarly, the directive principles influence the court's decisions.

Implemented on the basis of directive principles are as follows

• Anti-feudalism laws

• Nationalization of banks

• Several factory laws

• Minimum wage fixation

• Promotion of small cottage industries

• Reservation for the advancement of Scheduled Castes and Scheduled Tribes

• Right to education

• Formation of Panchayat Raj institutions throughout the country

• Right to work at least partially under the Employment Guarantee Scheme

• Mid-day meal scheme

ARTICLE 36 - Definition of State

Article 36 is the definition of State. It is an article similar to Article 12 of Part III. The State includes - the Central Government and Parliament, the State Governments and Legislative Assemblies, the Local Governments, Statutory and Non-Statutory Institutions, and other institutions controlled by the Government and receiving funds.

ARTICLE 37 - Application of the principles contained in this part

The directive principles are not subject to argument. The directive principles may be considered while making national laws.

ARTICLE 38 - State to secure a social order for the promotion of welfare of the people

The State shall ensure a social order for the promotion of the welfare of the people. The State shall endeavour to reduce inequalities of income not only among individuals but also among groups of people living in different areas and engaged in different occupations, and to eliminate inequalities of status, facilities and opportunities.

ARTICLE 39 - Certain principles of the policy to be followed by the state

Specifies certain principles to be followed by the State.

Main principles

• Article 39 (a) - All citizens shall have the right to an adequate standard of living.

• Article 39 (b) - The resources of society shall be equitably distributed for the common good.

• Article 39 (c) - There shall be no concentration of property and means of production to the detriment of the common good.

• Article 39 (d) - Equal pay for equal work

• Article 39 (e) - Protect the health and strength of workers and children from excessive exploitation

• Article 39 (f) - Make arrangements for the healthy and all-round development of children.

ARTICLE 39(A) - Equal Justice & Free legal aid

A constitutional article that provides for equal justice and free legal aid to the poor.

Persons eligible for free legal aid

i. Women and children

ii. Members of SC/ST categories

iii. Industrial workers

iv. Victims of mass calamity, violence, flood, drought, earthquake and industrial disaster

v. Persons with disabilities

vi. Person in custody

vii. Person with annual income less than 1 lakh (annual income limit is 1,25,000, if the person is in Supreme Court Legal Services Committee)

viii. Victims of human trafficking/beggars

ARTICLE 40 - Organization of village panchayath

Formation of Panchayats

ARTICLE 41 - Right to work, to education and to public assistance in certain cases

Ensure public assistance in cases of unemployment, sickness, old age, disability, poverty etc. Unemployment benefits, pension schemes etc. are implemented as a result of this article. This is also the article which mentions that the state should make effective provisions to ensure the right to work and the right to education.

ARTICLE 42 - Provision for just and humane conditions of work and maternity relief

Ensure just and humane conditions of work and ensure maternity benefits. The payment of gratuity act 1972, Maternity benefit act 1961 etc. are implemented as a result of this article.

ARTICLE 43 - Living wage etc., for workers, promotion of cottage industries

Living wage for workers, promotion of cottage industries

ARTICLE 43(A) - Participation of workers in management of industries

Participation of workers in industrial enterprises

ARTICLE 43(B) - Promotion of co-operative societies

ARTICLE 44 - Uniform Civil Code

The Uniform Civil Code is the civil laws applicable to all citizens of India. Goa is the only Indian state with a Uniform Civil Code.

ARTICLE 45 - Provision for early childhood care and education to children below the age of 6 years

A constitutional provision that provides for the provision of care and education to children below the age of 6 years.

ARTICLE 46 - Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections

To promote the educational and economic interests of the scheduled castes, scheduled tribes and other weaker sections. To protect them from exploitation by the upper castes.

ARTICLE 47 - Duty of the state to raise the level of nutrition and the standard of living and to improve public health

The article deals with the responsibility of the state in improving the health, nutritional status and standard of living of the public. Prohibition of alcohol is included in this article. Gujarat is the only state that has implemented complete prohibition of alcohol since its formation.

ARTICLE 48 - Organization of agriculture and animal husbandry

Ban on cow slaughter, agriculture and animal welfare. Gujarat is the first Indian state to enact a ban on cow slaughter.

ARTICLE 48 A - Protection of environment

Protection of forests, wildlife and environment.

ARTICLE 49 - Protection of monuments and places and objects of national importance

Protection of historical monuments and places and objects of national importance

ARTICLE 50 - Separation of judiciary from executive

Provides that the judiciary should be separated from the executive.

ARTICLE 51 - Promotion of International peace and Security

• Article 51 (a) - To promote international peace and security.

• Article 51 (b) - To maintain just and respectful relations among nations.

• Article 51 (c) - States shall endeavour to ensure that their dealings with each other are governed by international law.

• Article 51 (d) - States shall endeavour to promote the settlement of international disputes by mediation.

Functions of the Directive Principles

They help to facilitate consistency and continuity in domestic and foreign policies in the political, economic and social spheres, even when the parties are different. The Directive Principles supplement the fundamental rights of citizens. The Directive Principles help to fill the gaps in Part III by providing social and economic rights. They help to redress economic inequalities. They enable the opposition to influence and control the actions of the government. They provide an opportunity for the people to examine the policies and programmes of the government in the light of the constitutional declarations. They act as a public political manifesto. They are very helpful in maintaining the democratic character of law-making and administration.

Reasons why the framers of the Constitution distinguished the Directive Principles as unjustifiable and legally unenforceable.

• The country did not have the financial resources to implement the Directive Principles.

• The diversity and backwardness of the country were obstacles to their implementation.

• At the time of independence, India had other issues of paramount importance and which needed to be resolved immediately.

Directive Principles - Goals, Policies and Non-Justiciable Rights

Goals

• Welfare of the people, social, economic and political justice.

• Improvement of the standard of living; promotion of equitable distribution of resources and international peace.

Policies

• Uniform Civil Code

• Prohibition of the use of intoxicating liquors.

• Promotion of cottage industries.

• Prohibition of slaughter of cattle for use.

• Formation of village panchayats.

Non-Justiciable Rights

• Adequate means of livelihood

• Equal pay for equal work for men and women

• Right against economic exploitation

• Right to employment

• Child care and education of children below the age of six

Directive Principles - Amendments

• 42nd Amendment of 1976 - This amendment added Articles 39(f), 39A, 43A and 48A.

• 44th Amendment of 1978 - The 44th Amendment of 1978 added a sub-clause to Article 38 which provides for the reduction of disparities in income, standard of living and opportunities. The state shall secure social order for promotion of people.

• 86th Amendment of 2002 - This amendment added Article 45.

• 97th Amendment of 2011- The 97th Amendment of 2011 included Article 43B relating to the cooperative sector in the Directive Principles.

Directive Principles - Cases

• Champakam Dorairajan v/s State of Madras (1951)

In this case, the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the Fundamental Rights shall prevail.

• Golaknath v/s State of Punjab (1967)

The Supreme Court ruled that the fundamental rights do not need to be amended to implement the directive principles.

• Minerva Mills v/s Union of India (1980)

The Supreme Court ruled in this case: Fundamental rights and directive principles are complementary to each other. There is no need to sacrifice any fundamental rights for the implementation of the directive principles or any directive principles for the implementation of fundamental rights.

Important Directive Principles other than Part IV

• Rights of S. C./S. T. categories to service (Article 335, Part XVI)

• States may issue directives to provide adequate facilities for instruction in mother tongue to children belonging to linguistic minorities at the primary stage of education (Article 350 A, Part XVII).

• Directive for the development of Hindi language. (Article 351, Part XVII)

Directive Principles - Criticisms

• 'A government that ignores the Directive Principles will have to pay its respects to the voters at the time of elections.' - Dr. Ambedkar

• 'If we are unable to feed the hungry, clothe the naked and give every Indian the opportunity to shine to the best of their ability, the Constitution we frame will be nothing but a bundle of paper.' - Jawaharlal Nehru

• 'The rights of an individual should be divided into two categories: justifiable and non-justifiable.' - B.N. Rao

• 'Conscience of the constitution' - Granville Austin

• 'A cheque that can be drawn at the convenience of a bank' - K.T. Shah

• 'A manifesto of aspirations and goals' - K.C. Wheare

• 'A real garbage dump of emotions' - T.T. Krishnamachari

• 'If all these principles are fully implemented in our country, our country will become a heaven on earth' - M.C.Chagla (Former Chief Justice of India)

• 'Novel Features of the Indian Constitution' - B.R. Ambedkar

• 'No government responsible to the people can administer the country without considering the Directive Principles.' - Alladi Krishnaswamy Iyer

• 'Like New Year's resolutions that are broken on the 2nd of January' - Naseeruddin

• 'Pious Aspirations' - Ivor Jennings

• 'Directive Principles can lead to conflict between the Centre and the States' - K. Santhanam

• 'Directive Principles are the articles that bring the Constitution to life. They are the core of the Constitution and the philosophy of social justice' - L.M. Singhvi