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DIRECTIVE PRINCIPLES OF STATE POLICY

INTRODUCTION
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 feature of the Constitution is borrowed from the Constitution of
Ireland which had copied it from the Spanish Constitution.
The idea of welfare State envisaged by our Constitution can only be achieved if the
States Endeavour to implement them with a high sense of moral duty.
At one time it was thought that the State was mainly concerned with the maintenance
of law and order and the protection of life, liberty and property of the subject. Such a
restrictive role of the State is no longer a valid concept .Today we are living in an era
of a Welfare State which has to promote the prosperity and well-being of the people.

OBJECT BEHIND THE DIRECTIVE PRINCIPLES

The Directive Principles are the ideals which the Union and State Governments must
keep in mind while they formulate policy or pass a law. They lay down certain social,
economic, and political principles, suitable to peculiar conditions prevailing in India.
In the words of Sri. G.N. Joshi they constitute a very comprehensive political, social
and economic programme for a modern democratic State. Dr. B. R. Ambedkar
aptly describes the objectives of a Welfare State.

CLASSIFICATION OF THE DIRECTIVES

The Directives may be classified into the following groups:

A. Social and Economic Charter

Articles 38 and 39 embody Distributive Justice Articles 38 and 39 embody the
jurisprudential doctrine of distributive justice. The Constitution permits and even
directs the State to administer what may be termed distributive justice. The concept
of distributive justice in the sphere of law making connote, inter alia, the removal
of economic inequalities rectifying the injustice resulting from dealings and

transactions between unequals in society.

1 .Social order based on justiceArticles 38(1) provides that 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 nation life. This
directive only reaffirms what has already been said in the Preamble according to
which the function of the Republic is to secure to all its citizens social, economic and
political justice.
2. Principles of Policy to be followed by the State for securing economic justice:
Articles 39 specifically require the State to direct its policy towards securing the
following principles:
(a) Equal right of men and women to adequate means of livelihood.
(b) Distribution of ownership and control of the material resources of the community
to the common good.
(c) To ensure that the economic system should not result in concentration of wealth
and means of production to the common detriment.
(d) Equal pay for equal work for both men and women.
(e) To protect health and strength of workers and tenders age of children and to
ensure that they 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.
In Centre for Public Interest Litigation v. Union Bank Of India2, it has been held
by the Supreme Court that the Spectrum has been internationally accepted as a
scarce, finite and renewable natural resource which is susceptible to degradation in
case of inefficient utilization. Although it does not belong to a particular State, right
of use has been granted to States as per international norms. State is the legal owner
of the natural resources as a trustee of the people. Although the State is empowered to
1.Central Inland Water Transport Corporation vs. Brojo Nath Ganguly, (1986) 3SCC 156. See also Lingappa Pochanna Appelwar vs. State Of
Maharashtra, (1985) 1 SEE 479
2.AIR 2012 SC 3725.

distribute the same, the process of distribution must be guided by the constitutional
principles including the doctrine of equality and larger public good.

In State Of Tamil Nadu v. Abu Kavar Bai1, the court upheld the validity of a law
enacted for the nationalization of transport services in the State on the ground that it
was for giving effect to the directive principles contained in Articles 39(b) and (c).A
nationalization scheme meant for the purpose of distribution or preventing
concentration of wealth; as in the instant case, must have sufficient nexus to attract
the operation of Article 39(b) and (c).The Tamil Nadu Act is valid as it sub serves
nationalization policy.

Equal pay for Equal Work

Pursuant to Article 39(d), Parliament has enacted the Equal Remuneration Act, 1976.
The directive contained in Article 39(d) and the Act passed thereto can be judicially
enforceable by the court. In Ranadhir Singh v. Union of India2, the Supreme Court
has held that the principle of 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.
In State of Haryana v. Rajpal Sharma3, it has been held that the teachers employed
in privately managed aided schools in State of Haryana are entitled to the same salary
and dearness allowance as is paid to teachers employed in Government schools.

B. Social Security Charter

1. Participation of workers in management of Industries
Article 43-A requires the State to 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.
2. Right to work, education and public assistance in certain cases
Article 41 directs the State to ensure the people within the limit of its economic
capacity and development: (a) employment,(b)education, and (c) public assistance in
cases of unemployment ,old age, sickness and disablement and in other cases of
undeserved want.
1. (1984) 1 SEE 516.
2. AIR 1982 SEE 879; D.S. Nakara vs. Union Of India, AIR 1983 SC 130; R.K. Ramchandran Iyer vs. Union Of India, AIR 1984 SC 541.
3. AIR 1997 SC 449;Haryana State Adhyapak Sangh vs. State Of Haryana, AIR 1990 SC 968, was followed.

3. Just and human conditions of work

Article 42 directs the State to make provision for securing just human conditions and
for maternity relief.
4. Living wage for Workers

Article 43 requires the State to try to secure by suitable legislation or economic

organization or in any other way, to all workers, agricultural, industrial or otherwise,
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 o-operation basis
rural areas.
5. Provisions for early childhood are and education to children below the age of
six years
Article 45 required the State to make provision within 10 years for free and
compulsory education for all children until they complete the age of 14 years. The
object was to abolish illiteracy from the country.
In a landmark judgment in Unni Krishnan v. State of A.P.11., the Supreme court
has held that the Right to education upto the age of 14 years is a fundamental right
within the meaning of Article 21 of the constitution , but thereafter the obligation of
the State to provide education is subject to the limits of its economic capacity. The
right to education flows directly from right to life, the court declared.
6. Duty to raise the standard of living and improvement of health
Article 47 imposes duty upon the State to raise the level of nutrition and the standard
of living of its people and the improvement of public health. In particular, the State
should bring about prohibition of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to health.
7. Promotion of educational and economic interest of weaker sections
Article 46 enjoins the States to promote with special are the education and economic
interest of the weaker sections of the people, and in particular of the Scheduled castes
and Scheduled Tribes, and to protect them from social injustice and of all forms of
exploitation.
1. (1993) 1 SEE 645.

8. Equal justice and free legal aid to economically backward classes1

Article 39-A directs the State to ensure that the operation of the legal system promote
justice , on a basis of equal opportunities 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 citizen by reason of economic or
other disabilities.

C. Community Welfare Charter

1. Uniform civil code
Article 44 requires the State to secure for the citizens a Uniform civil ode throughout
the territory of India.
In a historic judgment in Sarla Mudgal v. Union of India2, the Supreme court has
directed the Prime Minister Narisimha Rao to take fresh look at Art.44 of the
constitution which enjoins the State to secure a uniform civil ode which, accordingly
to the ours is imperative for both protection of the oppressed and promotion of
national unity and integrity. The court directed the Union Government through the
Secretary to Ministry of Law and Justice , to file an affidavit August 1995 indicating
the steps taken and efforts made, by the Governments ,towards securing a uniform
civil code for the citizens of India.
In Noor Saba Khatoon v. Mohd. Quasim3, the Supreme Court has held that
divorced Muslim woman is entitled to claim maintenance for her children till they
become major. The court held that both under the Muslim Personal Law and under
Section 125 of the criminal Procedure ode, 1973 the obligation of the father was
absolute when the Hilden were living with the divorced wife. This ruling was giving
by the court while allowing an appeal by Ms. Noor Saba Khatoon challenging the
judgment of the Patna High court which had reduced the amount of maintenance.
In Danial Latif v. Union of India4, a five Judge constitution Bench of the Supreme
court upheld the constitutional validity of the Muslim Women (Protection Of Rights
on Divorce) At,1986 and held that a Muslim divorced woman has right to
1. Added by the 42nd Amendment Act, 1976.
2.(1995) 3 SEE 635.
3.AIR 1997 SC 3280.
4.AIR 2001 SC 3262.

maintenance even after iddat period under the 1986 Act. The court said that a Muslim
husband is liable to make reasonable and fair provision for the future of the divorced
wife which clearly extends beyond the iddat period in terms of Section 3(1) (a) of the
Act. Also, a divorced woman who has not remarried and who is not able to maintain
herself after iddat period an proceed as provided under Section 4 of the Act against
her relations who are liable to maintain her in proportion to the properties which they
may inherit on her death according to Muslim Law from such divorced woman
including her children and parents. If the relatives are found unable to pay her
maintenance the Magistrate may direct the State Wakf Board established under the
Wakf Act to pay such maintenance.

Implementation of Directives
Guided by the directives the central and the State Governments have tried to the best
of their resources to implement large number of directives. Under Article 39(b) the
Governments have abolished the old institution of hereditary proprietors, such as,
Zamindars, Jagirdars etc., and made the tillers of the soil real owners of the land. This
reform has, by this time been arrived out almost completely throughout India. Side by
side with this, laws have been enacted in many States for the improvement of the
conditions of the cultivators. In order to prevent concentration of land holdings even
in actual cultivation many States have enacted legislation fixing a ceiling, that is to
say, a maximum area of land which may be held by an individual owner.
Untouchability, the age old curse of the Indian Society, has now been made an
offence punishable by law.

Conclusion
In conclusion it can be said that the The Directive Principles of State Policy
contained in Part IV, Articles 36-51 of the Indian constitution constitute the most
interesting and enchanting part of the constitution. The Directive Principles may be
said to contain the philosophy of the constitution. The idea of directives being
included in the constitution was borrowed from the constitution of Ireland. As the
very term Directives indicate, the Directive principles are broad directives given to
the state in accordance with which the legislative and executive powers of the state
are to be exercised. Directive Principles of State Policy is guidelines or principles
given to the central and state governments of India, to be kept in mind while framing
laws and policies. These provisions, contained in Part IV of the Constitution of India,
are not enforceable by any court, but the principles laid down therein are considered

fundamental in the governance of the country, making it the duty of the State[1] to
apply these principles in making laws to establish a just society in the country. The
principles have been inspired by the Directive Principles given in the Constitution of
Ireland and also by the principles of Gandhism; and relate to social justice, economic
welfare, foreign policy, and legal and administrative matters. Directive Principles are
classified under the following categories: Gandhian, economic and socialistic,
political and administrative, justice and legal, environmental, protection of
monuments and peace and security. The concept of Directive Principles of State
Policy was borrowed from the Irish Constitution. The makers of the Constitution of
India were influenced by the Irish nationalist movement. Hence, the Directive
Principles of the Indian constitution have been greatly influenced by the Directive
Principles of State Policy.The idea of such policies "can be traced to the Declaration
of the Rights of Man proclaimed by Revolutionary France and the Declaration of
Independence by the American Colonies.The Indian constitution was also influenced
by the United Nations Universal Declaration of Human Rights. Principal among this
category of directives are (a) securing welfare of the people (Art. 38) (b) securing
proper distribution of material resources of the community as to best sub serve the
common-good, equal pay for equal work, protection of childhood and youth against
exploitation. etc. (Art.39), (c) curing right to work, education etc. Art. (41), (d)
securing just and humane conditions of work and maternity relief (Art. 42) etc. Such
directives are spread over several Arts. Principal among such directives are (a) to
organize village panchayats (Art. 40), (b) to secure living wage, decent standard of
life, and to promote cottage industries (Art.43), (c) to provide free and compulsory
education to all children up to 14 years of age (Art. 45), (d) to promote economic and
educational interests of the weaker sections of the people, particularly, the scheduled
castes and scheduled tribes, (e) to enforce prohibition of intoxicating drinks and cowslaughter and to organize agriculture and animal husbandry on scientific lines (Arts.
46-48). Part IV of the constitution does not form an operative part of the constitution.
The directives are non-justiciable in character. The courts cannot compel the
governments to enforce the directives. But if there is no judicial sanction behind the
directives, there are certainly political sanctions. Art. 37 make the directives,
fundamental in the governance of the country and in making laws. Hence the
government cannot totally ignore them, for fear of adverse popular reaction. The
opposition inevitably takes the government to task whenever the directives are
blatantly ignored, thus scoring a political point. The non-justiciability of part IV has
exposed the directives to trenchant criticism. Jennings calls them pious aspirations,
and Fabian socialism without socialism. Where characterizes them as paragraphs

of generalities. Yet many scholars appreciate the value of the directives. Sir B. N.
Rau regards them as moral precepts with an educative value. Ambedkar
considered them as powerful instruments for the transformation of India from a
political democracy into an economic democracy. The directive principles according
to Granville Austin are positive obligations to find a piddle way between
individual liberty and Public good. The directives constitute a sort of instrument of
instruction to all governments in the great task of transforming a laissez-fire society
into a welfare state, a socialistic pattern of society and eventually into a socialist
society.

Bibliography
1)Constitutional Law of India, Dr. J.N Pandey, Published By Central Law Agency,
Allahabad, Fifty Second Edition,2015.
2. Constitution of India, Shukla V.N, Published by Eastern Book Company, Lucknow,
Tenth edition, 2000.