Chapter 14

Directive Principles of State Policy

Part IV

(Articles 36-51)

Article 36. Definition

Define the fundamentals in the governance of the country

In this Part, unless the context otherwise requires, "the state has the same meaning
as in Part III.

Article 37. Application of the principles contained in this Part

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.

The Directive Principles of State Policy contained in Part IV of the Constitution set out
the aims and objectives to be taken up by the States in the governance of the
country. This novel features of the Constitution is borrowed from the Constitution of
Ireland which had copied it from the Spanish Constitution.

In the Directive Principles set forth in this part are intended for the guidance of the
State. While these principles shall not be cognizable by any court they are
nevertheless fundamental in the governance of the country and their application in
the making of laws shall be the duty of the State.

Part IV (Articles 36-51) contains what may be described as the active obligation of
the State. The State shall secure a social order in which social, economic and political
justice shall inform all the institutions of national life. The State shall endeavour the
means of livehihood for all and equal pay for equal work, the right to work, to
education, to secure the health and strength of workers, a uniform civil code, and
free and compulsory education for children.

The Directive Principles State Policy detailed in articles 36 to 51 of the Constitution

possess two characteristics. First, they are not enforceable in any court and

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |1
 therefore, if a directive is not obeyed or implemented by the State, its obedience or
implementation cannot be secured through judicial proceedings. Second, they are
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 for the promotion of 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 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.

Air India Statutory Corp. v. United Labour Union, MANU/SC/0163/1997 : AIR 1997
SC 645: 1997 AIR SCW 430: (1997) 9 SCC 377: 1997 (3) Serv LJ 81 SC: 1997 (2)
Supreme 165. The court envisages not only legal justice but socio-economic justice
as well. The Supreme Court has observed: "The Constitution commands justice,
liberty, equality and fraternity as supreme value to usher in the egalitarian social,
economic and political democracy. Social justice, equality and dignity of person are
cornerstone of social democracy." Thus social justice is an integral part of justice in
the generic sense. Justice is the genus of which social justice is one of its species."

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 citizens, 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 and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |2
 (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;

(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.

Clause (f) was modified by the Constitution (42nd Amendment) Act, 1978, with a
view to emphasize the constructive role of the State with regard to children.

M.C. Mehta v. State of Tamil Nadu, MANU/SC/0169/1997 : AIR 1997 SC 699: 1997
AIR SCW 407: (1996) 6 SCC 756: 1997 SCC (LandS) 49: 1997 (1) Supreme 207:
1997 (1) UJ (SC) 243, (Known as Child Labour Abolition Case). The Supreme Court
held that children below the age of 14 years cannot be employed in any hazardous
industry, or mines or factory.

Randhir Singh v. Union of India, MANU/SC/0234/1982 : AIR 1982 SC 879: (1982) 1

SCC 618: 1982 SCC (Lab) 119: 1982 UJ (SC) 193: (1982) 1 SCWR 260: 1982 (1)
SCJ 283. The Supreme Court held that equal pay for equal work though not a
fundamental right is certainly a constitutional goal, and, therefore, capable of
enforcement through constitutional remedies under article 32 of the Constitution.
The doctrine of equal pay for equal work is equally applicable to persons employed
on a daily wages basis.

Article 39A. Equal justice and free legal aid

Define 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 by reason of economic or other disabilities.

This article has been inserted in the Constitution by 42nd Amendment Act, 1976.
This article ordains the State to secure a legal system which promotes justice on the
basis of equal opportunity. The language of article 39A is couched in mandatory
terms as is clear by the use of word 'shall' twice therein.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |3
 The Supreme Court has emphasized that legal assistance to a poor or indigent
accused who is arrested and put in jeopardy of his life and personal liberty is a
constitutional imperative mandated not only by article 39A but also by articles 14
and 21.

Article 40. Organisation of village panchayats

Explain the organisation of village panchayat

The State shall take steps to organise village panchyats and endow them with such
powers and authority as may be necessary to enable them to function as units of
self-government.

The Constitution 73rd Amendment Act, 1992 introducing the panchayats in Part IX
(articles 243-243-O) is a major step in the direction of implementing this directive
principle.

The idea underlying this constitutional provision is to introduce democracy at the

grassroots. This provision does not prescribe as to what powers should be given to
the panchayats or what their structure should be and so the panchayat laws may
vary from one State to another. The village panchayats are envisaged by the article
as the basic democratic institutions of a pyramid of the democratically organised and
functioning self-governing units.

Article 41. Right to work, to education and to public assistance incertain cases

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.

The State is directed by this article to ensure to the people within the limits of its economic
capacity and development: (I) employment, (II) education, (III) public assistance in case 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 provision for securing just and humane conditions of work and
for maternity relief.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |4
 D. Bhuvan Mohan Patnaik v. State of Andhra Pradesh, MANU/SC/0038/1974 : AIR
1974 SC 2092: 1974 SCC (Cri) 803: 1975 Cr LJ 556: MANU/SC/0367/1974 : (1975)
3 SCC 185: (1975) 2 SCR 24. The Supreme Court has suggested that article 42 may
'benevolently' be extended to living conditions in jails. The barbarous and subtle
form of punishment to which convicts and undertrials are subjected to, offend
against the letter and spirit of the Constiution.

Article 43. Living wages etc., for workers

Explain the living wages for workers

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.

A 'living wage' is such a wage as enables the male earner to provide for himself and
his family not merely the bare essential of food, clothing and shelter, but a measure
of frugal comfort including education for children, protection against ill-health and
requirement of essential social needs.

D.S. Nakara v. Union of India, MANU/SC/0237/1982 : AIR 1983 SC 130: (1983) 1

SCC 305: 1983 SCC (Lab) 145: 1983 UJ (SC) 217: (1983) 1 SCWR 390: 1983 (1)
SCJ 188. The Constitutional Bench of the Supreme Court has held that pension is not
only compensation for loyal service rendered in the past, but also by the broader
significance it is a social welfare measure rendering socio-economic justice.

Article 43A. Participation of workers in 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
organisations engaged in any industry.

This article has been inserted in the Constitution by 42nd Amendment Act, 1976.

Article 44. Uniform civil code for the citizens

Define uniform civil code with the help of decided cases

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |5
 The State shall endeavour to secure for the citizens a uniform civil code throughout
the territory of India.

This provision was made to promote unity and integrity which are cherished goal
enshrined in the Preamble to our Constitution. Hindu law of marriage, succession
etc., have been drastically changed in the first decade of the commencement of the
Constitution but there has been resistance from Muslim community in this respect
and for avoiding any resentment on their part political parties in power remained
reluctant to enforce a uniform civil code.

Sarla Mudgal, President, Kalyani v. Union of India, MANU/SC/0290/1995 : (1995) 3

SCC 635: 1995 Cr LJ 2926 (SC): AIR 1995 SC 1531: 1995 AIR SCW 2326: JT 1995
(4) SC 331: 1995 SCC (Cri) 569. The Supreme Court observed that article 44 is
based on the concept that there is not necessarily a connection between religion and
personal laws.

Article 45. Provision for early childhood care and education to children below the
age of six years

The State shall endeavor to provide early childhood care and education for all
children until they complete the age of six years.

This article has been substituted by the Constitution (Eighty-sixth Amendment) Act,
2002 which received assent of the President on December, 12, 2002.

M.C. Mehta v. State of Tamil Nadu, MANU/SC/0169/1997 : AIR 1997 SC 699: 1997
AIR SCW 407: (1996) 6 SCC 756: 1997 SCC (LandS) 49: 1997 (1) Supreme 207:
1997 (1) UJ (SC) 243. Child labour is a big problem and remained intractable, even
after about 50 years of our having become independent, despite various legislative
enactments........ Prohibiting employment of a child in a number of occupations and
avocations.

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,
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |6
 State of Madras v. Champakam Dorairajan, MANU/SC/0007/1951 : AIR 1951 SC
226: 1951 SCJ 313: 1951 SCR 525. The Supreme Court refused to let the
fundamental right declared in article 29(2) to be whittled down by this article. In that
case, although the object of the impugned 'communal order' of the Madras
Government was to advance the interest of educationally backward classes of
citizens, the Supreme Court held the order void for the violation of fundamental right
under article 29(2).

R. Chandevarappa v. State of Karnataka, MANU/SC/0805/1995 : (1995) 6 SCC 309:

(1995) 5 SCALE 620: JT 1995 (7) SC 93. The Court observed that the economic
empowerment to the poor dalits and tribes is an integral constitutional scheme of
socio-economic democracy is a way of life of political democracy. Economic
empowerment is, therefore, a basic human right and a fundamental right as part of
right to life, quality and of status and dignity to the poor, weaker sections, dalits and
tribes.

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 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 purpose of intoxicating drinks and of drugs which are injurious
to health.

AIIMS Students' Union v. AIIMS, MANU/SC/0480/2001 : AIR 2001 SC 3262: 2001

AIR SCW 3143: JT 2001 (7) SC 12: MANU/SC/0480/2001 : (2002) 1 SCC 428: 2001
(4) SCJ 590: (2001) 5 SCALE 430: 2001 (6) Supreme 367. The Supreme Court
observed that the improvement of public health being one of the primary duties of
the State, public health can be improved by having the best of doctors, specialists
and super specialists.

In a welfare state the primary duty of the government is to secure the welfare of the
people. Providing adequate medical facilities for the people as an essential part of
the obligations undertaken by the Government in a welfare State.

Article 48. Organisation of agriculture and animal husbandry

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |7
 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.

State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, MANU/SC/1352/2005 : AIR

2006 SC 212: 2005 AIR SCW 5723: (2005) 8 SCC 534: 2005 (7) SCJ 701: (2005) 8
SCALE 661: 2005 (8) Supreme 697. Upholding total ban on the slaughter of cows,
calves, bulls and bullocks irrespective of their age, the Supreme Court held that a
milch cattle goes through a life cycle during which it is sometimes milch and
sometimes it becomes dry. This does not mean that as soon as a milch cattle ceases
to produce milk, for a short period as part of its life cycle, it goes out of the purview
of articles 48, and can be slaughtered. A drought cattle may lose its utility on
account of injury or sickness and may be rendered useless as a drought cattle during
that period. This would not mean that if a draught cattle ceases to be of utility for a
short period on account of sickness or injury, it is excluded from the definition of
'drought cattle' and deprived of the benefit of article 48.

Article 48A. Protection and improvement of environment and safe-guarding of

forests and wild life

The State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country.

M.C. Mehta v. Union of India, MANU/SC/0271/2003 : AIR 2003 SC 3469: 2003 Cr LJ

2045: 2003 AIR SCW 1975: JT 2003 (3) SC 505: (2003) 5 SCC 376: (2003) 3 SCALE
575: 2003 (3) Supreme 44. The court has said "articles 39(e), 47 and 48A by
themselves and collectively cast a duty on the State to secure the health of the
people, improve public health and protect and improve the environment".

This article has been inserted in the Constitution by the 42nd Amendment Act, 1976.

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 spoilation, disfigurement, destruction, removal, disposal or
export, as the case may be.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |8
 M.C. Mehta v. Union of India, AIR 2007 SC 1087: 2007 AIR SCW 1025: 2007 (1)
Crimes 375: MANU/SC/5296/2006 : (2007) 1 SCC 110: (2006) 12 SCALE 391: 2007
(1) SCC (Cri) 264: 2007 (1) Supreme 219. Having regard to article 49 and clause (g)
of article 51A of Constitution of India the Supreme Court in a public interest
litigation, prevented the "Taj Heritage Corridor Project", one of the main purposes of
which was to divert river Yamuna and to reclaim 75 acres of land between Agra Fort
and the Taj Mahal from using the reclaimed land for constructing food plazas, shops
and amusement activities.

Article 50. Separation of Judiciary from executive

The State shall take steps to separate the judiciary from the executive in the public
services of the State.

Baldev Raj Guliani v. Punjab and Haryana High Court, MANU/SC/0537/1976 : AIR
1976 SC 2490: (1976) 4 SCC 201: 1976 SCC (Lab ) 571: (1977) 1 SCR 425. The
Supreme Court has interpreted this provision to further enhance the prestige, dignity
and independence of the subordinate judiciary.

Article 51. Promotion of international peace and security

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
organised peoples with one another; and

(d) encourage settlement of international disputes by arbitration.

People's Union for Civil Liberties v. Union of India, MANU/SC/0274/1997 : AIR 1997
SC 1203: 1997 AIR SCW 1234: 1997 (1) Cr CJ 374: 1997 (1) Crimes 190: JT 1997
(2) SC 311: (1997) 3 SCC 433: 1997 (1) SCJ 480: (1997) 1 SCR 923: (1997) 1
SCALE 706: 1997 SCC (Cri) 434: 1997 (2) Supreme 429. International Law today is
not confined to regulating the relation between the States. Today matters of social
concerns such as health, education and economics apart from human rights falls
within the ambit of the international regulations.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 Page |9
 Addl. Distt. Magistrate, Jabalpur v. Shivakant Shukla, MANU/SC/0062/1976 : AIR
1976 SC 1207: (1976) 2 SCC 521: 1976 Cr LJ 945: 1976 UJ (SC) 610:
MANU/SC/0179/1976 : (1976) 3 SCC 454: (1976) 3 SCR 929: 1976 Supp SCR 172.
Khanna, J. observed that if there be a conflict between the municipal law on the one
side and the international law or the provisions of any treaty obligations on the
other, the court would give effect to municipal law.

Relation Between Fundamental Rights and the Directive Principles

Explain the relation between fundamental rights and DPSP and also explain the
supremacy over the other

The directive principles differs from fundamental rights in this respect that while
Fundamental Rights are justiciable but Directive Principles of State Policy are non-
justiciable. Fundamental rights are mostly rights of the individuals against the State,
whereas Directive Principles are guidelines for the State to be followed for general
welfare of the society as a whole. According to article 37, Directive Principles, though
they are fundamental in the governance of the country and it shall be duty of the
State to apply these principles in making law, but they are non-justiciable.

State of Madras v. Champakam Dorairajan, MANU/SC/0007/1951 : AIR 1951 SC

226: 1951 SCJ 313: 1951 SCR 525. The Supreme Court held that the Directive
Principles of State Policy have to confirm to and run as subsidiary to the chapter of
Fundamental Rights because the latter are enforceable in the courts while the former
are not. The chapter on Fundamental Rights is sacrosanct and not liable to be
abridged by legislative or executive act or orders, except to the extent provided in
the appropriate article in Part III.

In Re Kerala Education Bill, MANU/SC/0029/1958 : AIR 1958 SC 956: 1959 SCJ 321:
1959 SCR 995. The Supreme Court observed that though the directive principles
cannot overside the fundmetnal rights, in determining the scope and ambit of the
Fundamental Right the court may not entirely ignore the Directive Principles but
should adopt the principle of harmonious construction and should attempt to give
effect to both as much as possible.

Chandra Bhawan Boarding and Lodging, Bangalore v. State of Mysore,

MANU/SC/0308/1969 : AIR 1970 SC 2042: (1970) 2 SCR 600: 1970 Lab IC 1632.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 P a g e | 10
 The Court held that it did not see any conflict on the whole between the provisions
contained in

Part III and Part IV and that they are complementary and supplementary to each
other.

His Holiness Kesavananda Bharati Sripadgalvaru v. State of Kerela,

MANU/SC/0445/1973 : AIR 1973 SC 1461: (1973) 4 SCC 225. The Supreme Court
has said that fundamental rights and directive principles aims at the same goal of
bringing about a social revolution and establishment of a welfare State and they can
be interpreted and applied together. They are supplementary and complimentary to
each other. It can well be said that Directive Principles prescribes the goal to be
attained and the Fundamental Rights lays down the means by which that goal is to
be achieved.

Minerva Mills Ltd. v. Union of India, MANU/SC/0075/1980 : AIR 1980 SC 1789:

(1980) 2 SCC 591: (1980) 3 SCC 625: 1980 UJ (SC) 727. The Supreme Court held
that harmony and balance between Fundamental Right and Directive Principles of
State Policy, is an essential feature of the basic structure of the Constitution. It has
been observed that the Indian Constitution is founded on the bedrock of the balance
between Parts III and IV. To give absolute primacy to one over the other is to
disturb the harmony of the Constitution.

Bandhua Mukti Morcha v. Union of India, MANU/SC/0051/1983 : AIR 1984 SC 802:

(1984) 3 SCC 161: 1984 SCC (Lab) 389. The Court observed that though the
Directive Principles are unenforceable by the courts and the courts cannot direct the
legislature or executive to enforce them, once a legislation in pursuance of them has
been passed, the courts can order the State to enforce the law, particularly when
non-enforcement of the law leads to denial of fundamental rights.

Unni Krishnan J.P. v. State of Andhra Pradesh, MANU/SC/0333/1993 : (1993) 1 SCC

645: 1993 AIR SCW 863: JT 1993 (1) SC 474: MANU/SC/0333/1993 : (1993) 1 SCC
645: (1993) 1 SCR 594: 1993 (1) UJ (SC) 721. The Supreme Court has reiterated
the same principle that the Fundamental Rights and Directive Principles of State
Policy are supplementary and complementary to each other and the provisions in
Part III should be interpreted having regard to the Preamble and Directive Principles
of State Policy.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 P a g e | 11
 © Universal law Publishing Co.

© Manupatra Information Solutions Pvt. Ltd.

December 13, 2020 P a g e | 12