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Directive Principles of Our State Policy Part IV

The document outlines the Directive Principles of State Policy enshrined in the Indian Constitution. It details each principle from Articles 36-51 and provides explanations. The principles aim to promote social welfare, justice, and an equitable society through non-justiciable guidelines for government policies.

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0% found this document useful (0 votes)
19 views

Directive Principles of Our State Policy Part IV

The document outlines the Directive Principles of State Policy enshrined in the Indian Constitution. It details each principle from Articles 36-51 and provides explanations. The principles aim to promote social welfare, justice, and an equitable society through non-justiciable guidelines for government policies.

Uploaded by

Aiwiw
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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ClearIAS

Directive Principles of Our


State Policy: Part IV
(Articles 36-51)

Directive Principles of State Policy are a set of


guidelines or principles enshrined in Part IV
(Articles 36 to 51) of the Constitution of India. Unlike
fundamental rights, which are justiciable and can be
enforced by the courts, Directive Principles are non-
justiciable. This means that they are not legally
enforceable by the courts, but they serve as

important guidelines for the government in


formulating policies and laws. Read here to know
them in detail.
Part IV of the Indian Constitution deals with the
Directive Principles of our State Policy (DPSP).

The provisions contained in this Part cannot be


enforced by any court, but these principles are
fundamental in the governance of the country and it
shall be the duty of the State to apply these principles in
making laws.

The concept of Directive Principles of State Policy was


borrowed from the Irish Constitution. While most of the
Fundamental Rights
(https://www.clearias.com/fundamental-rights/) are
negative obligations on the state, DPSPs are positive
obligations on the state, though not enforceable in a
court of law.

Table of Contents
1. Directive Principles of State Policy (DPSP)
1.1. DPSP in detail
1.1.1. Article 36: Definition
1.1.2. Article 37: Application of the principles contained in
this Part
1.1.3. Article 38: State to secure a social order for the
promotion of the welfare of the people
1.1.4. Article 39: Certain principles of policy to be
followed by the State
1.1.5. Article 39A: Equal justice and free legal aid
1.1.6. Article 40: Organisation of village panchayats
1.1.7. Article 41: Right to work, education, and public
assistance in certain cases

1.1.8. Article 42: Provision for just and humane conditions


of work and maternity relief
1.1.9. Article 43: Living wage, etc., for workers
1.1.10. Article 43A: Participation of workers in the
fi d i
management of industries
1.1.11. Article 43B: Promotion of cooperative societies
1.1.12. Article 44: Uniform civil code for the citizen
1.1.13. Article 45: Provision for free and compulsory
education for children
1.1.14. Article 46: Promotion of educational and economic
Interests of Scheduled Castes, Scheduled Tribes,
and other weaker sections
1.1.15. Article 47: Duty of the State to raise the level of
nutrition and the standard of living and to
improve public health
1.1.16. Article 48: Organization of agriculture and animal
husbandry
1.1.17. Article 48A: Protection and improvement of
environment and safeguarding of forests and
wildlife
1.1.18. Article 49: Protection of monuments and places
and objects of national importance
1.1.19. Article 50: Separation of Judiciary from the
executive
1.1.20. Article 51: Promotion of international peace and
security
2. Amendments to DPSP

Directive Principles of State Policy


(DPSP)
The Directive Principles of State Policy aim to promote
the welfare of the people, ensure social and economic
justice, and create a just and equitable society. They
provide a framework for the government to strive

towards achieving certain socio-economic goals, even


though they may not be immediately attainable due to
various constraints.
While the Directive Principles themselves are not
legally enforceable, they are considered
fundamental in the governance of the country.
They guide the formulation of policies and laws by
the government and are taken into consideration
by the legislature while enacting laws.
Over the years, many judicial decisions and
legislative measures have been influenced by the
spirit of the Directive Principles.
The balance between fundamental rights and
Directive Principles is essential for creating a just
and equitable society that respects individual
freedoms while striving for the welfare of all
citizens.

Some of the key principles outlined in the DPSP include:

1. Equal Pay for Equal Work: Ensuring that men and


women receive equal pay for equal work
(https://www.clearias.com/gender-pay-parity/).
2. Right to Work, Education, and Public Assistance
in Certain Cases: Ensuring opportunities for work,
education, and public assistance, particularly for
marginalized sections of society.
3. Provision of Adequate Means of Livelihood:
Ensuring that the citizens have the means to earn a
livelihood that is adequate and sustainable.
4. Equal Justice and Free Legal Aid: Ensuring that
justice is accessible to all and that free legal aid is

provided to those who cannot afford it.


5. Promotion of Educational and Economic
Interests of Scheduled Castes, Scheduled Tribes,
and Other Weaker Sections: Ensuring the
and Other Weaker Sections: Ensuring the
development and protection of marginalized
communities.
6. Protection of Monuments and Places of National
Importance: Preserving cultural heritage and
historical sites.
7. Promotion of International Peace and Security:
Pursuing policies that contribute to international
peace and security.
8. Uniform Civil Code: Striving to secure for the
citizens a uniform civil code
(https://www.clearias.com/uniform-civil-code-ucc/)
throughout the territory of India.
9. Protection of the Environment: Promoting
sustainable development and protecting the
environment.

DPSP in detail

ARTICLE 36: DEFINITION


In this Part, unless the context otherwise requires, “the
State” has the same meaning as in Part III
(https://www.clearias.com/fundamental-rights/).

ARTICLE 37: APPLICATION OF THE PRINCIPLES


CONTAINED IN THIS PART
The provisions contained in this Part shall not be
enforced 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.

ARTICLE 38: STATE TO SECURE A SOCIAL ORDER


ARTICLE 38: STATE TO SECURE A SOCIAL ORDER
FOR THE PROMOTION OF THE WELFARE OF THE
PEOPLE
(1) 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.

(2) The State shall, in particular, 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.

ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE


FOLLOWED BY THE STATE
The State shall, in particular, direct its policy towards
securing –

(a) that the citizen, men, and women equally, have the
right to an adequate means of livelihood;
(b) that the ownership and control of the material
resources of the community are so distributed as best to
subserve the common good;
(c) that the operation of the economic system does not
result in the concentration of wealth
(https://www.clearias.com/fundamental-rights-vs-
directive-principles-what-if-there-is-a-conflict/) and
means of production to the common detriment;
(d) that there is equal pay for equal work for both men

and women;
(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
a d t at c t e s a e ot o ced by eco o c ecess ty
to enter avocations unsuited to their age or strength;
(f) that children are given opportunities and facilities to
develop in a healthy manner and conditions of freedom
and dignity and that childhood and youth are protected
against exploitation and moral and material
abandonment.

ARTICLE 39A: EQUAL JUSTICE AND FREE LEGAL AID


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
(https://www.clearias.com/pending-cases-in-indian-
courts/) because of economic or other disabilities.

ARTICLE 40: ORGANISATION OF VILLAGE


PANCHAYATS
The State shall take steps to organize village panchayats
(https://www.clearias.com/local-self-government-
panchayati-raj-system/) and endow them with such
powers and authority as may be necessary to enable
them to function as units of self-government.

ARTICLE 41: RIGHT TO WORK, EDUCATION, AND


PUBLIC ASSISTANCE IN CERTAIN CASES
The State shall, within the limits of its economic
capacity and development, make effective provision for
securing the right to work, education, and public

assistance in cases of unemployment, old age, sickness,


and disablement, and in other cases of undeserved
want.
ARTICLE 42: PROVISION FOR JUST AND HUMANE
CONDITIONS OF WORK AND MATERNITY RELIEF
The State shall make provisions for securing just and
humane conditions of work and for maternity relief.

ARTICLE 43: LIVING WAGE, ETC., FOR WORKERS


The State shall endeavor to secure, by suitable
legislation or economic organization 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 endeavor to promote cottage industries on an
individual or co-operative basis in rural areas.

ARTICLE 43A: PARTICIPATION OF WORKERS IN THE


MANAGEMENT OF INDUSTRIES
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 organizations engaged in any industry.

ARTICLE 43B: PROMOTION OF COOPERATIVE


SOCIETIES
The State shall endeavor to promote voluntary
formation, autonomous functioning, democratic control,
and professional management of cooperative societies.

This Article was not a part of the Constitution of India


1950 and was inserted by the Constitution (Ninety-
seventh Amendment) Act, 2011
(https://legislative.gov.in/sites/default/files/amend97.pdf).
(https://legislative.gov.in/sites/default/files/amend9 .pdf).
It directs the State to promote the democratic functioning
of cooperative societies.

ARTICLE 44: UNIFORM CIVIL CODE FOR THE CITIZEN


The State shall endeavor to secure for the citizens a
uniform civil code (https://www.clearias.com/uniform-
civil-code-ucc/) throughout the territory of India.

ARTICLE 45: PROVISION FOR FREE AND


COMPULSORY EDUCATION FOR CHILDREN
The State shall endeavor to provide, within ten years
from the commencement of this Constitution
(https://www.clearias.com/indian-constitution-parts-
articles/), for free and compulsory education for all
children until they complete the age of fourteen years.

ARTICLE 46: PROMOTION OF EDUCATIONAL AND


ECONOMIC INTERESTS OF SCHEDULED CASTES,
SCHEDULED TRIBES, AND OTHER WEAKER
SECTIONS
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
(https://www.clearias.com/sc-st-prevention-of-atrocities-
act/), and shall protect them from social injustice and all
forms of exploitation.

ARTICLE 47: DUTY OF THE STATE TO RAISE THE


LEVEL OF NUTRITION AND THE STANDARD OF
LIVING AND TO IMPROVE PUBLIC HEALTH
The State shall regard the raising of the level of
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 endeavor to
bring about prohibition of the consumption except for
medicinal purpose of intoxicating drinks and of drugs
which are injurious to health.

ARTICLE 48: ORGANIZATION OF AGRICULTURE AND


ANIMAL HUSBANDRY
The State shall endeavor to organize 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.

ARTICLE 48A: PROTECTION AND IMPROVEMENT OF


ENVIRONMENT AND SAFEGUARDING OF FORESTS
AND WILDLIFE
The State shall endeavor to protect and improve the
environment and safeguard the forests and wildlife of
the country.

ARTICLE 49: PROTECTION OF MONUMENTS AND


PLACES AND OBJECTS OF NATIONAL IMPORTANCE
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.

ARTICLE 50: SEPARATION OF JUDICIARY FROM THE


EXECUTIVE
The State shall take steps to separate the judiciary
(https://www clearias com/union-judiciary-supreme-
(https://www.clearias.com/union judiciary supreme
court/) from the executive in the public services of the
State.

ARTICLE 51: PROMOTION OF INTERNATIONAL


PEACE AND SECURITY
The State shall endeavor to –

(a) promote international peace and security;


(b) maintain just and honorable relations between
nations;
(c) foster respect for international law and treaty
obligations in the dealings of organized people with one
another; and
(d) encourage settlement of international disputes by
arbitration.

Amendments to DPSP
The DPSP has been amended four times.

42nd Amendment 1976: It added four new


directive principles- Article 39, Article 39A, Article
43A, and Article 48A.
44th Amendment 1978: The 44th Amendment Act
of 1978 created a new DPSP under Article 38, which
mandates the State to reduce inequalities in
income, status, facilities, and opportunities.
86th Amendment 2002: It altered Article 45’s
subject matter, and under Article 21A, basic
education became a fundamental right.

97th Amendment 2011: The 97th Amendment Act


of 2011 created a new DPSP for cooperative
societies under Article 43B.
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