PART IV: DIRECTIVE PRINCIPLES OF STATE POLICY
(Note: These principles are guidelines for the State (governments) in making laws and policies. They are fundamental in the governance of the country but are not directly enforceable in courts, unlike Fundamental Rights).
Article 36: Definition [of “the State”]
- Original Text: “In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part III.”
- Simple Explanation: For the purpose of Directive Principles (Part IV), the term “the State” has the same broad meaning as defined in Article 12 (covering Central & State governments, legislatures, local bodies, and other authorities).
- Example: When Article 39 directs “the State” to ensure equal pay for equal work, this directive applies to the Central Government, State Governments, Municipalities, and Public Sector Undertakings.
Article 37: Application of the principles contained in this Part
- Original Text: “The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.”
- Simple Explanation: This article clarifies the nature of Directive Principles:
- Not enforceable by courts: Citizens cannot go to court to force the government to implement a Directive Principle (unlike Fundamental Rights).
- Fundamental in governance: Despite not being court-enforceable, these principles are considered basic and essential for running the country.
- Duty of the State: The State (as defined in Art 36) has a duty to keep these principles in mind and try to implement them when making laws and policies.
- Example: Article 44 directs the State to secure a Uniform Civil Code. A citizen cannot file a court case to compel the government to enact a UCC immediately. However, the government is expected to strive towards this goal when it deems appropriate, as it’s a fundamental guideline for governance.
Article 38: State to secure a social order for the promotion of welfare of the people
- Clause (1): (Renumbered by 44th Amendment, 1978)
- Original Text: “The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.”
- Simple Explanation: Directs the State to work towards creating a society where social, economic, and political justice exists in all aspects of national life, aiming for the overall welfare of the people.
- Example: Government policies aimed at reducing poverty, ensuring fair elections, providing access to legal aid, and fighting social discrimination are steps towards achieving the social order envisioned in this article.
- Clause (2): (Inserted by 44th Amendment, 1978)
- Original Text: “The State shall, in particular, strive to minimise the inequalities in income, and endeavour 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.”
- Simple Explanation: Specifically directs the State to try to reduce income disparities and eliminate inequalities in social status, facilities (like healthcare, education), and opportunities among individuals and groups across different regions or professions.
- Example: Progressive income tax (taxing higher incomes more), schemes for regional development in backward areas, and policies promoting equal opportunities in education and employment reflect this directive.
Article 39: Certain principles of policy to be followed by the State
- Original Text: “The State shall, in particular, direct its policy towards securing—”
- (a) “that the citizens, men and women equally, have the right to an adequate means of livelihood;”
- Simple Explanation: The State should ensure all citizens, regardless of gender, have access to sufficient means to earn a living.
- Example: Employment guarantee schemes like MGNREGA aim to provide livelihood opportunities.
- (b) “that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;”
- Simple Explanation: The State should manage the country’s material resources (land, minerals, forests, etc.) in a way that benefits the community as a whole, avoiding concentration in a few hands.
- Example: Land reform laws, nationalization of key resources (like coal mines in the past), or regulations on resource exploitation aim to fulfill this principle. (Laws implementing this are protected by Article 31C).
- (c) “that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;”
- Simple Explanation: The State should design its economic policies to prevent wealth and economic power (like factories, industries) from becoming concentrated in the hands of a few, if such concentration harms the public interest.
- Example: Competition laws (preventing monopolies), progressive taxation, and regulations on large corporations are aimed at preventing detrimental concentration of wealth. (Laws implementing this are protected by Article 31C).
- (d) “that there is equal pay for equal work for both men and women;”
- Simple Explanation: Men and women should receive equal wages for performing the same work or work of a similar nature.
- Example: The Equal Remuneration Act, 1976, was enacted to ensure equal pay for men and women workers.
- (e) “that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;”
- Simple Explanation: The State should protect the health of workers and children, ensure children are not exploited, and prevent economic hardship from forcing people into jobs harmful to their health, age, or strength.
- Example: Laws regulating working conditions in factories (Factories Act), prohibiting child labour (Article 24 and related Acts), and providing social security measures aim to achieve this.
- (f) “that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.” (Note: Substituted by 42nd Amendment, 1976).
- Simple Explanation: The State should ensure children have opportunities and facilities for healthy development in an environment of freedom and dignity, protecting them from exploitation and neglect.
- Example: Policies related to child health (immunization programs), nutrition (mid-day meal schemes), protection against child abuse (POCSO Act), and providing education (Article 21A) contribute to fulfilling this directive.
- (a) “that the citizens, men and women equally, have the right to an adequate means of livelihood;”
Article 39A: Equal justice and free legal aid
- (Note: Inserted by 42nd Amendment, 1976).
- Original Text: “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free 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.”
- Simple Explanation: Directs the State to ensure its legal system provides justice based on equal opportunity. Importantly, it mandates the State to offer free legal aid (through laws or schemes) to poor or disabled citizens, so that lack of money or other disabilities do not prevent them from accessing justice.
- Example: The Legal Services Authorities Act, 1987, was enacted by Parliament to establish national, state, and district-level legal services authorities (like NALSA, SALSAs) that provide free legal assistance to eligible weaker sections of society. Lok Adalats are also organized under this Act to promote equal justice.
Article 40: Organisation of village panchayats
- Original Text: “The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.”
- Simple Explanation: Directs the State to establish village panchayats (local village councils) and give them sufficient powers and authority so they can function as effective local self-governing bodies.
- Example: This directive provided the Gandhian inspiration for strengthening local democracy. It was given significant constitutional status much later through the 73rd Amendment Act, 1992, which added Part IX to the Constitution, mandating the establishment and empowerment of Panchayats across the country.
Article 41: Right to work, to education and to public assistance in certain cases
- Original Text: “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.”
- Simple Explanation: Directs the State to try its best, considering its economic resources and level of development, to ensure citizens have:
- The right to work (opportunities for employment).
- The right to education.
- Public assistance (financial or other help) when they are unemployed, old, sick, disabled, or facing hardship they didn’t cause (undeserved want).
- Example: Government schemes like MGNREGA (providing guaranteed rural employment), efforts to expand access to higher education, social security pensions for the elderly and widows, disability benefits, and unemployment allowances (where provided) are steps taken in line with this directive. The state’s efforts are limited by its economic capacity.
Article 42: Provision for just and humane conditions of work and maternity relief
- Original Text: “The State shall make provision for securing just and humane conditions of work and for maternity relief.”
- Simple Explanation: Directs the State to make laws and policies ensuring that working conditions are fair, safe, and humane. It specifically requires the State to provide for maternity relief (benefits and leave for pregnant women and new mothers).
- Example: The Maternity Benefit Act (providing paid leave for working women during pregnancy and after childbirth), the Factories Act (setting standards for safety, health, and welfare in factories), and laws regulating working hours and providing for paid holidays are examples of measures implementing this principle.
Article 43: Living wage, etc., for workers
- Original Text: “The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.”
- Simple Explanation: Directs the State to strive to ensure that all workers (in agriculture, industry, or other sectors) receive:
- Work.
- A living wage (enough pay to cover basic necessities, plus some measure of comfort, education, and security – this is higher than a minimum wage).
- Decent working conditions.
- Opportunities for leisure, social activities, and cultural development.
- It also specifically directs the State to promote cottage industries (small-scale, traditional industries) in rural areas, either individually run or on a cooperative basis.
- Example: While the concept of a “living wage” is still largely aspirational, the Minimum Wages Act is a step towards ensuring basic subsistence pay. Laws providing for paid leave give workers leisure opportunities. Government schemes promoting Khadi and village industries or supporting rural artisans aim to promote cottage industries.
Article 43A: Participation of workers in management of industries
- (Note: Inserted by 42nd Amendment Act, 1976).
- Original Text: “The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.”
- Simple Explanation: Directs the State to take measures (through laws or other means) to ensure workers have a role in the management of industrial organizations. This promotes industrial democracy.
- Example: Laws or schemes that encourage the formation of ‘Works Committees’ in factories with representatives from both management and workers to discuss workplace issues, or employee representation on the board of directors in some public sector undertakings, reflect this directive.
Article 44: Uniform civil code for the citizens
- Original Text: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
- Simple Explanation: Directs the State to try to establish a single set of personal laws (covering matters like marriage, divorce, inheritance, adoption, maintenance) that applies to all citizens, irrespective of their religion. Currently, different personal laws apply based on religion (e.g., Hindu Marriage Act, Indian Christian Marriage Act, Muslim Personal Law). This directive aims for national integration and gender equality by having one law for all.
- Status: This remains a directive, and a uniform civil code has not yet been implemented nationwide, though debates and judicial comments on its necessity continue. Certain states like Goa have a form of common civil code.
- Example: If a Uniform Civil Code were enacted, the laws governing marriage registration, divorce procedures, and property inheritance would be the same for a Hindu, Muslim, Christian, Parsi, or any other citizen in India.
Article 45: Provision for early childhood care and education to children below the age of six years
- Original Text (as substituted by 86th Amendment Act, 2002): “The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.”
- (Note: The original Article 45 directed the state to provide free and compulsory education for children up to 14 years within 10 years. With Article 21A making education for 6-14 year olds a Fundamental Right, this article was amended to focus on early childhood care and education for children below 6 years).
- Simple Explanation: Directs the State to make efforts to provide care and education for young children before they reach the age of six. This covers aspects like nutrition, health, and pre-school education.
- Example: The Integrated Child Development Services (ICDS) scheme, which runs Anganwadi centres providing nutrition, health check-ups, and pre-school education to young children and nursing mothers, is a major initiative reflecting this directive.
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
- Original Text: “The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.”
- Simple Explanation: Directs the State to pay special attention to promoting the education and economic well-being of the weaker sections of society, especially SCs and STs. It also mandates the State to protect these groups from social injustice (like discrimination) and all kinds of exploitation.
- Example: Reservation policies in education (Article 15(4)/(5)) and government jobs (Article 16(4)/(4A)), scholarships for SC/ST students, tribal development plans, and laws like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are measures taken in line with this directive.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
- Original Text: “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”
- Simple Explanation: Directs the State to consider improving nutrition levels, the standard of living, and public health as its main responsibilities. It specifically directs the State to try to prohibit the consumption of alcoholic drinks and harmful drugs, except when used for medical reasons.
- Example: Public health initiatives (like vaccination drives, disease control programs), nutrition schemes (like mid-day meals, PDS), sanitation programs (like Swachh Bharat), and state-level prohibition policies (like in Gujarat or Bihar, though their effectiveness varies) are influenced by this directive.
Article 48: Organisation of agriculture and animal husbandry
- Original Text: “The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.”
- Simple Explanation: Directs the State to work towards organizing farming and animal rearing using modern and scientific methods. It specifically directs taking steps to:
- Preserve and improve breeds of cattle.
- Prohibit the slaughter of cows, calves, and other cattle used for milk (milch) or farm work (draught).
- Example: Government initiatives promoting modern farming techniques, agricultural research, providing better seeds and irrigation, cattle breeding programs, and state laws restricting or banning cow slaughter are based on this directive.
Article 48A: Protection and improvement of environment and safeguarding of forests and wild life
- (Note: Inserted by 42nd Amendment Act, 1976).
- Original Text: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
- Simple Explanation: Directs the State to make efforts to protect and enhance the environment and to conserve forests and wildlife.
- Example: The enactment of the Wildlife (Protection) Act, the Forest (Conservation) Act, the Environment (Protection) Act, and the establishment of national parks, wildlife sanctuaries, and pollution control boards are actions taken by the State in pursuance of this directive.
Article 49: Protection of monuments and places and objects of national importance
- Original Text: “It shall be the 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.” (Note: Bracketed text substituted by 7th Amendment, 1956).
- Simple Explanation: Makes it a duty of the State to protect monuments, places, and objects of artistic or historical significance that have been declared by Parliament’s law to be of national importance. Protection should be against damage, decay, destruction, removal, or export.
- Example: The Archaeological Survey of India (ASI) maintains and protects monuments like the Taj Mahal, Red Fort, Ajanta and Ellora caves, which are declared monuments of national importance under the Ancient Monuments and Archaeological Sites and Remains Act.
Article 50: Separation of judiciary from executive
- Original Text: “The State shall take steps to separate the judiciary from the executive in the public services of the State.”
- Simple Explanation: Directs the State to take steps to ensure the independence of the judiciary by separating it from the executive branch in the state’s public services. This means judicial functions should be performed by judicial officers, and executive functions by executive officers, without undue interference.
- Example: The Criminal Procedure Code (CrPC), 1973, largely implemented this directive by separating judicial magistrates (who handle trials and judicial functions) from executive magistrates (who handle administrative and certain preventive functions). Before this, officers like District Collectors often had significant judicial powers.
Article 51: Promotion of international peace and security
- Original Text: “The State shall endeavour to— (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations in the dealings of organized peoples with one another; and (d) encourage settlement of international disputes by arbitration.”
- Simple Explanation: This article outlines India’s foreign policy objectives as directives for the State:
- (a) Work towards global peace and security.
- (b) Maintain fair and respectable relationships with other countries.
- (c) Promote respect for international laws and agreements.
- (d) Encourage resolving international conflicts through peaceful means like arbitration (using a neutral third party to settle disputes).
- Example: India’s policy of Non-Alignment (though evolved), participation in UN peacekeeping missions, commitment to international treaties (like environmental accords or trade agreements), and advocating for peaceful dialogue to resolve border disputes reflect these principles.
PART IVA: FUNDAMENTAL DUTIES
(Note: Inserted by the 42nd Amendment Act, 1976, upon the recommendations of the Swaran Singh Committee. These duties are directed towards citizens).
Article 51A: Fundamental duties
- Original Text: “It shall be the duty of every citizen of India—”
- (a) “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;”
- Simple Explanation: Every citizen should follow the Constitution, respect its principles, institutions (like Parliament, Judiciary), the National Flag, and the National Anthem.
- Example: Standing respectfully when the National Anthem is played, showing respect for the National Flag as per the Flag Code.
- (b) “to cherish and follow the noble ideals which inspired our national struggle for freedom;”
- Simple Explanation: Citizens should value and follow the high ideals (like democracy, non-violence, secularism, justice) that motivated the fight for India’s independence.
- Example: Promoting harmony between communities, upholding democratic values, and opposing discrimination.
- (c) “to uphold and protect the sovereignty, unity and integrity of India;”
- Simple Explanation: Citizens must protect India’s independence, unity, and territorial wholeness.
- Example: Opposing secessionist movements, respecting national boundaries, and contributing to national security.
- (d) “to defend the country and render national service when called upon to do so;”
- Simple Explanation: Citizens have a duty to defend India and perform national service (like joining the military or helping during national emergencies) if required.
- Example: Citizens volunteering during natural disasters or being ready for military service if conscription is ever introduced.
- (e) “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;”
- Simple Explanation: Promote unity and brotherhood among all Indians, rising above differences of religion, language, region, etc., and give up practices that disrespect women.
- Example: Celebrating diverse festivals together, respecting different languages, and opposing practices like dowry or female foeticide.
- (f) “to value and preserve the rich heritage of our composite culture;”
- Simple Explanation: Appreciate and protect India’s diverse and shared cultural heritage.
- Example: Helping preserve historical monuments, respecting various art forms, music, and traditions from different parts of India.
- (g) “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;”
- Simple Explanation: Protect and improve the environment (forests, lakes, rivers, wildlife) and show kindness to animals.
- Example: Participating in tree plantation drives, conserving water, avoiding pollution, and treating animals humanely.
- (h) “to develop the scientific temper, humanism and the spirit of inquiry and reform;”
- Simple Explanation: Cultivate a rational, scientific outlook, embrace human values, and develop a questioning attitude aimed at social reform.
- Example: Challenging superstitions, encouraging critical thinking, promoting education, and supporting social reforms.
- (i) “to safeguard public property and to abjure violence;”
- Simple Explanation: Protect public property (like buses, trains, government buildings) and avoid violence.
- Example: Not damaging public transport during protests, paying taxes honestly (public property includes public funds), and resolving disputes peacefully.
- (j) “to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;”
- Simple Explanation: Aim for excellence in personal and group activities to help the nation progress.
- Example: Working hard in one’s profession, contributing to community projects, pursuing innovation and excellence in science, arts, or sports.
- (k) “who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.” (Note: Added by the 86th Amendment Act, 2002).
- Simple Explanation: Parents or guardians have a duty to ensure their children between the ages of 6 and 14 get educational opportunities. (This corresponds with Article 21A, the Right to Education).
- Example: Parents enrolling their children in school and ensuring they attend regularly.
- (a) “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;”
(Note: Like Directive Principles, Fundamental Duties are generally not directly enforceable by courts, but they can be used to interpret laws and constitutional provisions. Parliament can also make laws to enforce certain duties, e.g., laws protecting the National Flag or preventing insults to national honor).
