Directive Principles of State Policy – Articles 36-51 in Indian Constitution

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Part IV of the Indian Constitution deals with the directive principles of State Policy. They constitute Articles 36 to 51 in the Constitution of India. Directive Principles are the ideals that the state needs to keep in mind while formulating any policies.

Directive principle of state policy

Directive principles of State Policy – Articles 36-51

Article 36

Article 36 of the constitution of India states that the meaning of ‘state’ here, remains the same as defined in article 12, or the part III of the Indian constitution.

The state means the government, the parliament of India, Legislature of various states, and all the other local authorities that are within Indian Territory and are under the control of the Indian Government

Article 37

This article gives a closure look to the directive principles of state policy. It believes that even though these principles are not completely justifiable but are still vital in the governance of a country.

Article 38

Article 38 consists of two clauses. The first clause, that is 38 (1) states that the state shall continue to make policies that aid to provide justice to the citizens in every field.

The second clause, that is 38 (2) states that while making such policies, the state shall maintain equality in terms of facilities, income, and other opportunities.

Article 39

This article defines in-depth what we stated in the second clause of Article 38. It mentions a few norms on the basis of which a state shall make policies, keeping all the sections of the community in mind.

Article 39A

This article was added to the constitution by the 42nd amendment, which states that the government shall not deny justice or the opportunity of justice to any citizen on the basis of their economic status, or any such reason.

Article 40

This article states that the state shall facilitate the functioning and formation of the Village Panchayats and aid them to act as a unit of self-government.

Article 41

This article states that as per the resources of the state, it shall make those policies that help people to gain an opportunity to work, help children learn, and also provide facilities to the old and elderly.

Article 42

Article 42 states that the state shall keep an eye upon the working conditions of its citizens and that they are not working in an inhumane atmosphere. It also includes maternity relief and other facilities to the employees of a company.

Article 43

Article 43 states that the state needs to provide the citizens with a good working environment and also promise them a quality life. It should also promote the cottage industries, both at the individual and the industrial level.

Article 43A

Article 43 A state shall make the involvement of workers mandatory in the management. This will not only enhance the understanding but also help the company to grow.

Article 44

This article covers the rules regarding marriage, adoption, diversity, maintenance, and inheritance. It says that the state shall promote a uniform civilian code.

Article 45

Article 45 promotes free and compulsory education to the children of the country. It expects the states to provide education and care to the children till they complete six years.
However, it gives a few relaxations to the state, in this regard.

Article 46

This article talks about the educational and economical upliftment of the socially backward classes like Scheduled Castes, Scheduled Tribes, and Other Backward Castes in the state.

Article 47

Article 47 says that the standard of living of the people shall be the utmost priority of the state.
It also talks about prohibiting intoxicants and drugs by the citizens of the country unless it is for a medical purpose. It is one of the Gandhian Principles.

Article 48

This article asks the state to continue making policies to develop animal husbandry and agriculture. It also says that the betterment of the animal needs to be kept in mind before taking any steps.

Article 48A

This article asks the state to take steps and make policies to protect the wildlife and the forests of the state. It was added by the 42nd Amendment Act.

Article 49

This article considers the state to be responsible for the maintenance of a monument or an object that is of historic or artistic importance to the nation. The state needs to protect such things from destruction, disfigurement, removal, export, or disposal.

Article 50

This article suggests the state to separate the executive and the legal departments of the government. By separating the judiciary from the executive the system tends to become much more organized and well planned.

Article 51

Article 51 states that the Indian Constitution shall work towards the promotion of internal peace and security. It shall respect international relations and help to solve them when needed.

Features of Directive Principles of State Policy

Talking about the sources of the directive principles of the state policy, these principles were borrowed by the Indian Constitution from the Irish Constitution of 1937. However, the Irish do not own the idea as they themselves borrowed it from the Spanish Constitution.

Furthermore, some of the ideas were drawn from the Government of India Act.

Some of the key features of the DPSP include -:

  • Denotes ideals for the state to keep in mind while the formulation of policies.
  • Some parts of it resemble Instrument of Instructions as enumerated in the Government of India Act of 1935.
  • It consists of a comprehensive economic, social, and political program for a democratic state.

Criticism of Directive Principles of State Policy

It has been argued by the critics that the Directive Principles of the state policy do not hold any legal force as they cannot be legally enforced. It has also been claimed that they illogically arranged and are conservative in nature.

Some people believe that these principles might also be responsible for the constitutional conflicts between the center and the state, which will prove hazardous for the wellbeing of the nation as a whole.

Classification of Directive Principles of State Policy

The directive principles of the state policy are widely divided into three major categories which include –

1. Socialist Principles

Some of the Socialist principles include -:

  • Right to education, to work, and to public assistance in specific areas.
  • Right to equal pay for equal work.
  • Social order for the welfare of people.
  • Free legal aid and right to justice
  • No abuse of children at a tender age.
  • State’s responsibility to increase the level of nutrition and standard of living of its people.

The articles that come under the Socialist principles are Article 38, 39, 39A, 41, 42, 43, 43A, and 47.

2. Gandhian Principles

Some of the Gandhian Principles include -:

  • Promotion of Cottage industry
  • Formation and facilitation of Village Panchayats
  • Promotion of the interests of SC’s, ST’s, and OBC’s.
  • Prohibition of intoxicating drinks.
  • Prohibition on the slaughter of milk providing animals.

The articles that come under the Gandhian Principles include Article 40, 43, 43B, 46, 47, and 48.

3. Liberal Intellectual Principles

Some of the Liberal Intellectual principles include -:

  • The idea of Uniform code for the civilians
  • Protection of monuments and objects that hold historical importance to the state.
  • Promotion of International Peace.
  • Protection of the environment and wildlife.

The articles that come under the Liberal Intellectual principles include Article 44, 45, 48, 49, 50, and 51.

Comparison between Fundamental Rights and Directive Principles

FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES OF STATE POLICY 
They can be enforced in the court of law.They cannot be enforced in the court of law.
These imply restrictions that sound negative in nature.They imply the moral obligations of the state towards its citizens that are positive in nature.
They work towards the preservation of rights that are already existing.These work towards the upliftment of the citizens of the country.
They can be justified.This can not be justified.
They are written in a legal language for the lawyers by the lawyers.They are written in general language that can be understood by the citizens.

KESHAVA BHARATI CASE

The Keshava Bharati vs the state of Kerala Case 1973 is considered to be one of the most important cases in the Indian Judicial History.

The judgment of the cases included that while amending any of the articles in the constitution, the parliament shall not change the basic structure of the respective article. Under article 368, the court believed that amidst the new changes in the constitution, something must remain the same.

Another implication of this case is that, under the 39th amendment, the court prohibited any challenge to the election of President, Vice President, Prime minister, and Minister, irrespective of the electoral malpractice.

Furthermore, under the 41st amendment, it prohibited any case or legal proceedings against the president, prime minister, vice president, or the governor, not only during his period of service but for a lifetime.

However, due to the power of the constitution and the court, these were not implemented.

GOLAKNATH CASE

It was an Indian Supreme Court Case, back in the year 1967. It was a dispute between the Golaknath Brothers and the State of Punjab. However, it is important to acknowledge why this case holds so much importance and what significance does it hold.

In the judgment of the case, the supreme court said that the parliament can not curtail any of the fundamental rights in the constitution of India.

In 1971, the parliament of India passed the 42nd amendment act, which amended that the parliament holds the right to amend any part of the constitution including the fundamental rights.

MINERVA MILLS CASE

This case was one of the Landmark Judgements of the Supreme Court in the country. This case, like the Kesava Bharati case, strengthens the basic structure of the constitution.

The judgment of this case struck down two amendments that were made to the Indian Constitution under the 42nd Amendment Act.

It also added two features to the list of basic structure features, which is, balance between Directive principle and fundamental rights, and judicial review.

MENAKA GANDHI CASE

Menaka Gandhi vs the Union of India Case 1980 is considered to be a landmark case in the Indian Judicial History. This case gave a wider perspective on the word ‘personal liberty’.

Post this case, it was held by the court that the right to travel abroad was to be considered in the right to liberty that is guaranteed under article 21 of the Indian Constitution.

IMPORTANT AMENDMENTS

Some of the most important amendments in the Indian history include –

1. 42nd Amendment

The 42nd amendment is also called a mini-constitution as it brought significant changes to the Indian Constitution.

Some of the many amendments made under the 42nd Amendment are -:

  1. Addition of 10 fundamental duties
  2. Addition of words socialist, secularist, and integrity to the constitution.
  3. New Addition of four new DPSP to the existing list.
  4. Allowing the center to deploy forces in the state, as and when needed.
  5. Precedence of directive principles over the fundamental rights.

2. 44th Amendment

Some changes that the 44th amendment brought to the Indian Constitution include –

  1. Removal of Right to Property from the fundamental rights in the Indian Constitution.
  2. Proclamation of emergency only on the basis of written advice tendered to the president by the cabinet.
  3. Reversal of provisions made by the 42nd Amendment.
  4. Media’s right to publish without getting censored.

3. 97th Amendment

Amendments made under the 97th Amendment Act include -:

  1. Promotion of Co-operative societies
  2. Addition of words ‘or co-operative societies’ in article 19(1).
  3. Added part IXB to the Indian Constitution.

Conclusion

Today, the acceptability of the Fundamental Rights is far more than that of the Directive Principles. But, one shall continue to maintain harmony between both. The parliament holds the authority to amend the fundamental rights, in order to get the directive principles in action in the state.

However, while amending, the parliament shall not play around with the basic structure.

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1 Response

  1. DEEPAK,M says:

    create like a pdf to download the content.

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