DIRECTIVE PRINCIPLES OF STATE POLICY

Tier 2 : Indian POlity FR, DPSPS and Duties

Mentioned under Part IV of the Constitution covering Articles 36 to 51.

They tell about the aims that the state should strive to achieve.
This part of the Constitution is undoubtedly the sister of the previous part dealing with the Fundamental Rights, and is descried as the `Conscience of the Constitution’.
Their idea has been incorporated form the Constitution of Ireland. They are a unique blend of socialistic, liberal, democratic and Gandhian Principles.
Mere instructions, not enforceable by law, for day-to-day administration of the country.

In STATE OF TAMILNADU Vs L. ABU KAVUR BAI case in 1984, the Supreme Court held that although directive principles are not enforceable, yet the court shouldn’t avoid them.

Classification And Enumeration Of Directive Principles

Can be classified under four principal groups. The first group deals with general principles of social policy. The second with the principles of administrative policy. The third deals with socio-economic rights. The fourth and last group contains a statement of the International Policy of the Indian Republic.

They are as follows:

1. Article 38: To secure and protect a social order which stands for the welfare of the people.

2. Article 39: The State will, in particular, direct its policy towards securing:

a. Adequate means of livelihood to all citizens.

b. A proper distribution of the material resources of the community for the common good.

c. Prevention of concentration of wealth to common detriment.

d. Equal pay for equal work for both men and women.

e. The protection of childhood and youth against exploitation or moral and material abandonment.

3. Article 40: To organize village Panchayats as units of self-government. (Gandhian influence)

4. Article 41: To secure the right to work, education and public assistance in cases of unemployment, old age, sickness, etc.

5. Article 42: To secure just and humane conditions of work and maternity relief.

6. Article 43: To secure work, a living wage, a decent standard of life, leisure and social and cultural opportunities for people, and in particular to promote cottage industries.

7. Article 44: To secure a uniform civil code applicable to the entire country.

8. Article 45: To provide, within 10 years from the commencement of the Constitution, free and compulsory education to all children upto the age of 14. (After 86th Amendment Act, 2002, now the provision relating to education of 6 to 14 is a part of Article 21, i.e., Fundamental Right to Education and Article 45 now strives for education for the children below the age of 6 years.)

9. Article 46: To promote with special care the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Scheduled Tribes.

10. Article 47: To secure the improvement of public health and the prohibition of intoxicating drinks and drugs (Gandhian Influence).

11. Article 48: to organize cultural and animal husbandry on scientific lines and preserve and improve the breeds and prohibit the slaughter of cows, slaves and other mulch and draught cattle.

12. Article 49: To protect all monuments of historic interest and national importance.

13. Article 50: To bring about the separation of the judiciary from the executives.

14. Article 51: To endeavor to secure

a. The promotion of international peace and security.

b. The maintenance of just and honorable relations between nations.

c. The settlement of international disputes by arbitration.

(Nehru’s Influence)

Directive Principles Added After 42nd Amendments, 1976

Article 39(A) – The legal system promotes justice on the basis of equal opportunity and will, in particular, free legal aid by suitable legislation.

Article 39(f) – The children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

Article 43(A) – To secure the participation of workers in the management of undertakings engaged in any industry.

Article 48(A) – To protect the environment and to safeguard the forests and wildlife of the country.

Directive Principle Added After 44th Amendment, 1978

Article 38(1) – The State shall, in particular, strive to minimize the inequalities strive to minimize the inequalities in income and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Directive Principles Mentioned In Other Parts

Article 350(A) – It is the duty of the officers of concerned states to provide primary education in mother tongue to the people of minorities particularly to the children of minorities class.

Article 351 – It will be the duty of the Union of spread Hindi language amongst the people of India which will develop our cultural and social element.

Article 335 – It will be under consideration to appoint the people of the Scheduled Castes and the Scheduled Tribes in and as Union or State services.