DIRECTIVE PRINCIPLES OF STATE POLICY

As already mentioned, the framers of the Constitution were eager to provide both Civil and
Political Rights and Economic, Social and Cultural Rights. The second category of rights is
provided in chapter IV of the Constitution through Articles 36 to 51. The Directive Principles are
special feature of the Indian Constitution. They are essentially aimed at social welfare, especially
of the weaker sections of the society. They are different from Fundamental Rights in the sense
that they are not enforceable by any court. In fact these are not granted to citizens as rights but are
directives to the state, as Article 37 says ‘fundamental in the governance’ and the state is expected
to apply these principles in making laws. Inspite of non-enforceability by courts, the state is
responsible and accountable for implementation of these principles. Even courts have taken notice
of these and at times asked the state for enforcement of these principles as rights. In terms of
rights or policy frameworks, the Directive Principles can be divided into three categories:
i) Socio-Economic Rights
(ii) The Gandhian principles
(iii) Directives for General Welfare and Governance

Socio-Economic Rights
These principles for Socio-Economic rights and welfare have been provided in Articles 38, 39,
39A, 41 and 42.

Article 38 provides that “The state shall strive to promote the welfare of the people by 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. It also directs the state to eliminate inequalities in income,
status, and opportunity not only among individuals but also among groups of people”.
Article 39 provides that the state shall, in particular, direct its policies for securing the citizens
both men and women:
i) Equal right to an adequate means of livelihood;
ii) Equal pay for equal work;
iii) Fair distribution and control of resources so as to serve the common good;
iv) To check that operation of the economic system is in a way that it does not result in the
concentration of wealth and means of production to the common detriment.
v) Prevention of health and strength of workers, men and women, and the tender age of children
against abuse; and
vi) Opportunities and facilities for children and youth to develop in healthy manner and
not to be exploited.

Article 39A provides that 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, so that
justice is not denied to any citizen by reason of economic or other disabilities.

Article 41 states that within the limits of its resources the state will make provision for the right to
work, to education, and to public assistance to the unemployed, sick, old and disabled; secure just
and humane conditions of work and maternity relief; and decent living, wage; raise level of
education, standard of living and public health, early childhood care and education of children
below the age of six

Article 43 directs the State to ensure to all workers agricultural, industrial or otherwise, Right to
work, right to a living wage and right to such conditions of work as would ensure a decent
standard of life and full enjoyment of social and cultural opportunities. 

A new Article 43A introduced in 1976, directs the state to ensure the participation of workers in
the management of industry and other undertakings.

The Gandhian Principles  

Mahatma Gandhi, as a thinker, had a perspective of state, nation and rule. He had vision about the
government of state from common man, particularly, villagers’ needs. In the Constitutional
Assembly, there were members who considered these views quite relevant for society in India.
Some of these were included in the state for implementation. These are as follows:
 Article 40 directs the state to organise village Panchayats and to vest them with such powers and
authority as may be necessary to enable them to function as units of selfgovernment. This means
establishment of Gandhi’s idea of Panchayati Raj. You may be aware that through 73rd
Amendment of the Constitution, the Panchayati Raj system has been implemented as a
Constitutional provision.
 Article 46 provides for the state to promote the educational and economic interests of the
Scheduled Castes, Tribes and other weaker sections of the society. It also directs the State to
protect these sections from social injustice and from all forms of exploitation.

Article 47 states that the state shall raise the level of nutrition and standard of living of people. It
also directs the state to bring about prohibition of intoxicating drinks and drugs, which are
injurious to health.

 Article 48 is concerned with the preservation and improvement of cattle and prohibition of cow
slaughter. State is also asked to endeavour to organise agriculture and animal husbandry on
modern and scientific lines. A new Article 48A introduced in 1976 directs the state to protect and
improve the environment and to safeguard the forests and wildlife of the country.
Directives for General Welfare and Governance 
The Directive Principles also direct the State to adopt and implement policies for basic education,
uniform civil code, independence of judiciary, protection of heritage and promotion of
international peace.
 Article 44 prescribes for a uniform civil code and directs the State to endeavour to secure to all
citizens a uniform code throughout the territory of India.

Article 45 provides that the state shall endeavour to provide, within a period of ten years from the
commencement of the Constitution, free and compulsory education for all children until they
complete the age of fourteen years. You have already read that with the introduction of Article
21A in Chapter III on Fundamental Rights, this provision of Directive Principles now has been
made a Fundamental Right.

Article 49 directs the state to protect, preserve and maintain monuments, places or objects of
artistic or historic interest or of national importance. The State is to ensure that these monuments
and objects are not spoiled, disfigured, destroyed, removed or exported.

Article 50 directs the state to take steps to separate judiciary from the executive in public service
or the state. This has been a colonial legacy for District Magistrates to exercise both executive and
judicial powers. This concentration of powers goes against the theory of checks. Therefore the
framers of the Constitution desired the separation of the two. This has been now achieved to an
extent.

Article 51 directs the state to formulate its foreign policy keeping in view the principle of world
peace and harmonious coexistences of nations. The Article directs the State to shape its foreign
policy as to attain the following objectives:
I) Promote international peace and security;
II) Maintain just and honourable relations between nations;
III) Respect for international law and treaty obligations in the dealings of organized people with
one another; and
IV) Encourage settlement of international disputes by arbitration.

In the above description of Directive Principles of State Policy, you might have observed that
makers of the Constitution wanted to direct the future governments to work for improvement of
conditions of masses, provide equality and social justice by formulating and implementing
positive actions. You might have also seen that a number of principles are quite similar to
Economic, Social and Cultural Rights contained in the Universal Declaration of Human Rights.
The Assembly members were conscious of the limitations of the resources available with the government in the early years of independence. Therefore, they did not make Directive Principles
as justiceable rights. However, these provisions serve as to inform citizens that they are entitled to
these rights. They can, therefore, assess the performance of the governments on the basis of
sincerity towards these rights. In recent years even Judiciary has taken a view that in some ways
the Directive Principles are as fundamental as Fundamental Rights and therefore need serious
attention of the government. The governments have also taken significant measures for effective
implementation of these principles. It can be said that Fundamental Rights and Directive
Principles are complimentary and supplementary to each other.