WHAT ARE DIRECTIVE PRINCIPLES OF STATE POLICY ? (Art 36 To 51)
Most of the Fundamental Rights are limits on the power of State. These rights ensure political freedom to people. But role of state is not limited to maintaining law and order only. State has some positive obligations also. In a developing country like India, state is also an instrument of development and socio- economic change.
Constitution has prescribed directive principles of state policy under Part IV of the Indian Constitution. These are not justiciable rights like those of Fundamental Rights, but they are fundamental in governance of the country. These rights ensure social and economic freedom to people.
What is relationship between Fundamental Rights and Directive Principles of State Policy ?
Fundamental rights are justiciable rights while DPSP are not justiciable rights. This had led to interpretation by Courts that DPSP has to give way to Fundamental Rights.
In State of Madras Vs. Champakam Dorairajan ( AIR 1951 SC 226) the Supreme Court has observed that the Directive Principles of State Policy has to confirm to and run as subsidiary to the chapter of Fundamental Rights.
The Parliament passed 25th Amendment to give primacy to clause (b) and (c) of Article 39 over Fundamental Rights and introduced Article 31 C in the Constitution. This amendment was challenged before the Surpreme Court in Kesavanand Bharati Vs. State of Kerala (1973 4 SCC 225) wherein this amendment was held valid to the extent of primacy of clause (b) and (c) of Article 39 over Fundamental Rights.
Parliament again vide 42nd amendment gave primacy all provisions of Directive Principles of State Policy over Fundamental Rights by amending Article 31C. This was challenged before the Supreme Court in Minerva Mills Vs. Union of India (AIR 1980 SC 1789) which struck it down. The Supreme Court made a harmonious interpretation of Fundamental Rights and Directive Principle of State Policy and said that both are important. To give absolute primacy to one over the other will disturb the balance of the constitution.
MEANING OF STATE (ARTICLE 36)
State in Part IV has the same meaning as was in the case of Fundamental Rights under Part III.
THE NATURE OF DPSP (ARTICLE 37)
Directive Principles of State Policy are not enforceable by any Court but are fundamental in governance of the country. The state has to apply these principles in making laws.
WELFARE STATE (ARTICLE 38)
As per Article 38, the State has to promote the welfare of people by securing and protecting a social order wherein social, economic and political justice will inform all institutions of national life.
The State has to strive to minimize the inequality of income and to strive to eliminate inequalities in status, facilities and opportunities not only among individuals but also among groups of people residing in different areas or engaged in different vocations.
POLICIES TO BE FOLLOWED BY STATE (ARTICLE 39)
Article 39 directs the State to adopt certain principles while making its policy.
- Every citizen, men and women equally, has right to an adequate means of livelihood. (Art. 39 (a))
- Ownership and control of material resources of the community have to distributed to subserve the common good. (Art 39 (b))
- Operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. (Art 39 (c))
- There is equal pay for equal work for both men and women (Art 39 (d))
- Health and strength of workers, men and women, are tender age of children are not abused. Citizens are not forced by economic necessity to enter to avocation which do not suit to their age or strength. (Art 39(e))
- Children are given opportunities and facilities to develop in healthy manner and in conditions of freedom and dignity. Childhood and youth are to be protected against exploitation and against moral and material abandonment. (Art39 (f))
State has enacted various laws to give effect to these directions. Equal Remuneration Act, 1976 has been enacted for securing equal pay for equal work.
EQUAL JUSTICE AND FREE LEGAL AID (ART 39A)
Article 39 A has been introduced vide 42nd Amendment Act.
Article 39A provides that the State has to secure that the operation of the legal system promotes justice on the basis of equal opportunity. The State has to provide 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.
The State to give effect to this Article has enacted Legal Services Authorities Act, 1987.
ORGNISATION OF VILLAGE PANCHAYATS (ARTICLE 40)
Article 40 provides that State has to take steps to orgnise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as unit of self-government.
The article was influenced by Gandhian thought of local self-government. Parliament gave effect to this provision vide 73rd amendment by introducing panchayats by inserting Part IX in the Constitution.
RIGHT TO WORK, EDUCATION & PUBLIC ASSITANCE (ARTICLE 41)
Article 41 provides that within the limits of economic capacity and development, make effective provision for securing the right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY RELIEF (ARTICLE 42)
The State has to make provisions for securing just and humane conditions of work and for maternity relief.
Parliament has enacted various legislations for giving effect to this objective. Factories Act, 1948, Mines Act, 1952 etc. have detailed provisions of humane conditions of work. Maternity Benefit Act, 1961 has been enacted to provide maternity relief.
LIVING WAGE FOR WORKERS (ARTICLE 43)
Article 43 provides that the State has to secure by suitable legislation or economic orgnisation or in other way to all agricultural and industrial workers, work, living wage, conditions of work ensuring decent standard of life, full enjoyment of leisure, and social and cultural opportunities. State has also to promote cottage industries on an individual or cooperative basis in rural areas.
In Vijay Cotton Mills Vs. State of Ajmer (AIR 1955 SC 33), the Supreme Court has held that fixation of minimum wages of workers is not in violation of freedom of trade.
The concept of living wage was discussed by the Supreme Court in Express Newspaper (P) Ltd Vs. Union of India (AIR 1958 SC 578). The living wage should enable the male earner to provide for himself and his family not merely the bare essentials of food, clothing and shelter but a measure of frugal comfort including education for the children, protection against ill-health, requirements of essential social needs, and a measure of insurance against the more important misfortunes including old age.
PARTICIPATION OF WORKERS IN MANAGEMENT (ARTICLE 43 A)
Article 43A has been introduced vide 42nd Amendment. Article 43 A has been introduced by 42nd Amendment. Article 43A provides that State will take steps by suitable legislation or in any other way to secure the participation of workers in the management of undertakings, establishments or other orgnisations engaged in any industry.
PROMOTION OF COOPERATIVE SOCIETIES (ARTICLE 43 B)
Article 43 B has been introduced vide 97th Amendment to the Constitution.
Article 43 B provides that the State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
UNIFORM CIVIL COURT FOR THE CITIZENS (ARTICLE 44)
Article 44 provides that the State shall endeavour to secure for the citizens a uniform civil code throughout territory of India.
Although Article 44 directs for uniform civil code, due to lack of consensus, no uniform civil code has been enacted.
EARLY CHILDHOOD CARE (ARTICLE 45)
Article 45 provides that the State shall make endeavour to provide early childhood care and education for all children until they complete the age of six years.
Article 45 has been substituted by 86th Amendment. Article 45 used to provide free and compulsory education to children. Now free and compulsory education to children has been made a Fundamental Right vide 86th amendment.
PROMOTION OF EDUCATIONAL AND ECONOMIC INTEREST OF SC, ST AND OTHER WEAKER SECTIONS (ARTICLE 46)
Article 46 provides for promotion and special care of educational and economic interest of SC, ST and other weaker sections. Article 46 also provides for their protection from social injustice and all forms of exploitation.
RAISING THE LEVEL OF NUTRITION, STANDARD OF LIVING AND PUBLIC HEALTH (ARTICLE 47)
Article 47 provides that the State shall regard the raising the level of nutrition and standard of living of its people and the improvement of public heath as among its primary duties. Article 47 also provides that the State shall also endeavour to bring about prohibition of consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
ORGINSATION OF AGRICULTURE AND ANIMAL HUSBANDRY (ARTICE 48)
Article 48 provides that the State shall endeavor to organize agricultural and animal husbandry on modern and scientific lines. The state shall also take steps for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught animals.
Many states have passed prevention of anti-cow slaughter laws in light of Article 48 of the Constitution.
PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND SAFEGUARDING OF FORESTS AND WILD LIFE (ARTICE 48A)
Article 48A has been inserted vide 42nd Amendment to the Constitution. Article 48A provides that the State shall endeavour to protect and improve the environment. Article 48A also provides that the State shall make endeavour to safeguard the forests and wildlife of the country.
To give affect to this Article, the Parliament has enacted Environmental Protection Act, 1986.
PROTECTION OF MONUMENTS, PLACES, AND OBJECTS OF NATIONAL IMPORTANCE (ARTICLE 49)
Article 49 provides that it shall be 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.
SEPARATION FROM JUDICIARY FROM EXECUTIVE (ARTICLE 50)
Article 50 provides that the State shall take steps to separate the Judiciary from the executive in the public services of the State.
PROMOTION OF INTERNATIONAL PEACE AND SECURITY (ARTICLE 51)
Article 51 provides that the State shall endeavour to:
- Promote international peace and security
- Maintain just and honourable relations between nations
- Foster respect for international law and treaties obligations in the dealings of organized peoples with one another; and
- Encourage settlement of international disputes by arbitration.
Mukesh Kumar Suman is an advocate based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
