DIRECTIVE PRINCIPLE OF STATE POLICY AND THE

LABOUR-AN IMPACT ANALYSIS

MANIPAL UNIVERSITY JAIPUR

SCHOOL OF LAW

Submitted To: Submitted By:

Dr. MARYAM BEG ROHIT BISHNOI
161401079
BA.LL.B (Hons.)
Semester - VI
Section - B

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 CERTIFICATE

This is to certify that the project entitled, “A study on law relating to risk prima facie passes
with property” submitted by “ROHIT BISHNOI” in partial fulfilment of the requirement for
the award of “BA.LLB (HONOURS) at the “MANIPAL UNIVERSITY JAIPUR” is an
authentic work carried out by her under my supervision and guidance.

To the best of my knowledge, the matter embodied in the project has not been submitted to
any other University / Institute for the award of any Degree or Diploma in the year 2018-
2019.

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 ACKNOWLEDGEMENT

In performing our assignment, I had to take the help and guidance of some respected persons
who deserve our greatest gratitude. The completion of this assignment gives me much
pleasure. I would like to show our gratitude to Dr. KIRAN BEDI, Course Instructor, and
Manipal University Jaipur for giving us good guideline for assignment throughout numerous
consultations. I would also like to expand our deepest gratitude to all those who have directly
and indirectly guided us in writing this assignment.

In addition, a thank you to the Professor who introduced us to the Methodology of work and
whose passion for the “underlying structures” had lasting effect. I also thank the Manipal
University Jaipur for the consent to include the copyrighted pictures as a part of our paper.

Many people, especially our classmates and team members itself have made valuable
comment suggestions on this proposal which gave us inspiration to improve our assignment. I
thank all the people for their help directly and indirectly to complete our assignment.

ROHIT BISHNOI

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 Table of Contents

CERTIFICATE ..................................................................................................................................... 2
ACKNOWLEDGEMENT .................................................................................................................... 3
INTRODUCTION................................................................................................................................. 5
ARTICLE 38: STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF THE
WELFARE OF THE PEOPLE ........................................................................................................... 5
ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY THE STATE . 6
ARTICLE 39A: EQUAL JUSTICE AND FREE LEGAL AID........................................................ 6
ARTICLE 41: RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN
CERTAIN CASES ................................................................................................................................ 6
ARTICLE 42: PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND
MATERNITY RELIEF ........................................................................................................................ 7
ARTICLE 43: LIVING WAGE, ETC., FOR WORKERS ............................................................... 7
ARTICLE 43A: PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIES ... 7
ARTICLE 45: PROVISION FOR FREE AND COMPULSORY EDUCATION FOR
CHILDREN ........................................................................................................................................... 7
ARTICLE 46: PROMOTION OF EDUCATIONAL AND ECONOMIC INTERESTS OF
SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER WEAKER SECTIONS ........... 7
ARTICLE 47: DUTY OF THE STATE TO RAISE THE LEVEL OF NUTRITION AND THE
STANDARD OF LIVING AND TO IMPROVE PUBLIC HEALTH ............................................. 7
WEBLIOGRAPHY............................................................................................................................... 8

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 INTRODUCTION

Part IV of Indian Constitution deals with 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 are negative obligations on the state, DPSPs are
positive obligations on the state, though not enforceable in a court of law.
The main Articles of our Indian Constitution which protects, supports, and act as a guideline
to various labour laws for their effective implementation and functioning. The main Articles
are Art 14, 16, 19(1) (c), 21, 23. 24, 35, 38, 39, 39 A, 41, 42, 43, 43 –A, 46, 47, 32, 226,227.

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 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.
In DS Nakara v. Union of India (1983) where the subject matter was related to pension, not
a wage, speaking through the constitutional bench of five judges, it observed that:
Article 38(1) enjoins the State to strive to promote the welfare of the people by securing and
protecting as effective as it may a social order in which justice- social, economic and political
shall inform all institutions of the national life. In particular, the State shall strive to minimise
the inequalities in income and endeavour to eliminate inequalities in status, facilities and
opportunities.Art.39 (d) enjoins a duty to see that there is equal pay for equal work for both
men and women and this directive should be understood and interpreted in the light of the
judgement of this court in Randhir Singh v. Union of India (1982).
The jurisprudence developed through these two case laws was recently applied by the Apex
Court in the case of State of Punjab v. Jagjit Singh (2016) where it held that temporarily
engaged employees(daily wage employees, ad‐hoc appointed on casual basis , contractual
employees and the like),are entitled to minimum of the regular pay scale, along with dearness
allowance(as revised from time to time )on account of their performing same duties, which
are discharged by those engaged on regular basis, against sanctioned posts.

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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 sub serve 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;
(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.
The principle of equal pay for equal work is enshrined in Article 39(d) of the Constitution.
For the first time, this principle was considered in Kishori Mohanlal Bakshi v. Union of
India in 1962.Supreme Court then ruled that it was not capable of being enforced in a court
of law. The Apex court changed its mind in 1982 when in Randhir Singh v. Union of India,
through a 3 judge bench, it held that:
The principle of ‘equal pay for equal work’, which meant equal pay for everyone irrespective
of sex, was deducible from preamble and Articles 14,16 and 39(d) of the Constitution. The
principle of equal pay for equal work was held to be applicable to cases of unequal scales of
pay, based on classification or irrational classification, though both sets of
employees(engaged on temporary and regular basis, respectively) performed identical duties
and responsibilities.

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 by reason of economic or other disabilities.

ARTICLE 41: RIGHT TO WORK, TO EDUCATION AND TO 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, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved want.

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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.

ARTICLE 43: LIVING WAGE, ETC., 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.

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
organisation engaged in any industry.

ARTICLE 45: PROVISION FOR FREE AND COMPULSORY

EDUCATION FOR CHILDREN

The State shall endeavour to provide, within a period of ten years from the commencement of
this Constitution, 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, 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 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.

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 WEBLIOGRAPHY

1. https://blog.ipleaders.in/constitutional-values-labour-welfare/
2. http://www.lawyersclubindia.com/articles/Labour-Rights-under-the-Indian-
constitution-3300.asp
3. https://www.clearias.com/directive-principles-of-our-state-policy/
4. http://www.legalservicesindia.com/article/181/Constitutional-Protection-on-Labour-
Laws.html