Directive Principles of State Policy Art 36 – 51

Introduction

The Directive Principles of State Policy (DPSP), enshrined in Part IV of the Indian Constitution (Articles 36-51), play a vital role in shaping the governance of the country. While they are not legally enforceable, they serve as guiding principles for the state in framing laws and policies. Let’s delve deeper into their significance, key articles, and how they impact various facets of governance.

What Are the Directive Principles of State Policy?

The DPSPs are a set of guidelines for the government to follow when making laws and policies. Unlike Fundamental Rights, which are enforceable by the courts, DPSPs are not. However, they are fundamental in the governance of the country, aiming to ensure social, economic, and political justice for all citizens. The concept of DPSPs was inspired by the Irish Constitution, which borrowed elements from the Spanish Constitution.

Key Features

1. Non-Justiciable: Courts cannot enforce DPSPs.
2. Fundamental in Governance: Despite their non-justiciable nature, they are essential in shaping policies and governance.

Also Read: Powers of Parliament Relating to the Armed Forces

Articles of the Directive Principles of State Policy

Article 36: Definition of “State”

This article defines the term “state” as it is used in Part III of the Constitution, covering the executive, legislature, and all other government bodies.

Article 37: Application of the Principles

This article emphasizes that although the DPSPs are not enforceable by law, they are fundamental in the governance of the country. It is the state’s duty to apply these principles when making laws.

Article 38: Welfare of the People

The state must strive to create a social order that ensures justice—social, economic, and political—across all institutions of national life. Additionally, it must minimize inequalities in income and eliminate disparities in status, facilities, and opportunities.

Article 39: Policy Principles

This article directs the state to:

• Ensure that men and women equally have the right to adequate means of livelihood.
• Prevent the concentration of wealth and resources in a few hands.
• Secure equal pay for equal work for both men and women.
• Safeguard the health and strength of workers and prevent child exploitation.
• Promote the welfare and development of children.

Article 39A: Free Legal Aid and Equal Justice

The state must ensure that no citizen is denied justice due to economic or other disabilities. It emphasizes providing free legal aid to those in need, promoting equal justice.

Article 40: Village Panchayats

This article focuses on organizing village panchayats as units of self-government, thereby promoting grassroots democracy.

Article 41: Right to Work and Education

The state should provide the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disability, within its economic capacity.

Article 42: Humane Conditions of Work and Maternity Relief

The state must ensure just and humane working conditions and provide maternity relief to women.

Article 43: Living Wage for Workers

This article encourages the state to ensure that workers are provided with a living wage, decent working conditions, and social and cultural opportunities.

Article 44: Uniform Civil Code

One of the most debated provisions, Article 44, urges the state to work towards a uniform civil code for all citizens, irrespective of religion. This aims to promote national integration and eliminate discrepancies in personal laws.

Article 45: Early Childhood Care and Education

The state should strive to provide early childhood care and free education for all children until they complete six years of age.

Article 46: Welfare of Weaker Sections

The state is responsible for promoting the educational and economic interests of the Scheduled Castes, Scheduled Tribes, and other weaker sections of society, protecting them from social injustice and exploitation.

Article 47: Nutrition and Public Health

Raising the level of nutrition, improving public health, and prohibiting the consumption of intoxicating drinks and drugs are key responsibilities of the state.

Article 48: Agriculture and Animal Husbandry

The state must endeavor to organize agriculture and animal husbandry on modern and scientific lines, especially focusing on the preservation of cattle.

Article 49: Protection of National Monuments

This article emphasizes the state’s duty to protect historical monuments, places, and objects of national importance from damage, destruction, or disfigurement.

Article 50: Separation of Judiciary from Executive

The state must ensure the independence of the judiciary by separating it from the executive branch.

Article 51: International Peace and Security

The state should strive to promote international peace, maintain just and honorable relations with other nations, and respect international law.

The Importance of DPSPs in Governance

Though DPSPs are not enforceable by courts, they are crucial in providing a framework for policymaking. They emphasize the state’s role in ensuring social justice, reducing inequalities, and promoting the welfare of the people. Over the years, several landmark judgments and amendments have reinforced the importance of DPSPs in governance.

For instance, the 42nd Amendment of the Constitution elevated the importance of the DPSPs by inserting Articles 39A, 43A, and 48A. These additions focused on free legal aid, participation of workers in the management of industries, and protection of the environment, respectively.

Conclusion

The Directive Principles of State Policy represent the social and moral obligations of the state. While they are not enforceable by law, their impact on governance is undeniable. By guiding the government in shaping policies that promote justice, equality, and welfare, DPSPs contribute significantly to the goal of creating a more just and equitable society.

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FAQs on Directive Principles of State Policy

What are the Directive Principles of State Policy?

They are guidelines in Part IV of the Indian Constitution (Articles 36-51) aimed at promoting social, economic, and political justice, and the welfare of the people.

Are the Directive Principles enforceable by law?

No, they are not legally enforceable. However, they guide the State in forming laws and policies.

Why are the Directive Principles important?

They shape policies focused on social welfare, equality, and justice, reflecting India’s vision of a welfare state.

Also Read: Public Interest Litigation

Reference: nextias.com