Decoding India's Directive Principles: A Comprehensive Guide to Social Justice and Welfare

Part 4 of the Constitution contains Articles 36 to 51, Directive Principles of State Policy.  The Directive Principles of State Policy in India have been taken from the Constitution of Ireland.  Whereas the parliamentary system from Britain, fundamental rights from America and fundamental duties from the former Soviet Union have been taken in the Constitution of India.

           The objectives and goals of the Directive Principles of State Policy, which it is the duty of the state to follow.  Only by implementing these can a welfare state be imagined.

     “The Directive Principles of State Policy are the soul of the Constitution which embodies the social philosophy of the Constitution. The above statement is by Grenville Austin.

      Dr. Ambedkar has rightly said that this is the unique feature of the Indian Constitution, the goal of a welfare state is implicit in it.

    According to Dr. Pathali, the directive principles of policy create the basic level of national consciousness.

     The main objective of the Directive Principles of Policy is to set standards for the achievement of the Legislature, the Executive and regional and higher authorities on the basis of which success and failure can be judged.

The objective of Directive Principles of State Policy [D.P.S.P] is to establish socio-economic and political justice and welfare state.  Its nature is non-justiciable, that is, it cannot be enforced by the court on its violation.

      Definition of State - State has been defined in Article 36. The definition of State is expressed in Article 12.

       The State includes the Government of India and the Parliament and the Government and Legislature of each of the States and all local and high officials under the control of the Government of India.  The Directive Principles of State Policy are the background to the establishment of a public welfare state.  There is a provision for this in the Constitution and it is the responsibility of the government to implement them.  The binding force behind the Directive Principles of State Policy is public opinion.  Implementation of public expectations and ideas is the objective of the directive principles of the state.

       Description of the Directive Principles of State Policy: From the point of view of study and nature, the Directive Principles of State Policy are as follows -

 Part 4, Articles 36 to 51 of the Constitution contain the Directive Principles of State Policy.  These are the principles by which the state has been instructed to run a good governance.  It contains those goals and objectives which it is the duty of the state to try to implement.  Article 37 mentions that the Directive Principles are not enforceable by the courts.  Directive Principles of Policy are sacred declarations and have no legal force.

    

Article 37[2] states that the elements contained in these are fundamental to the administration of the country and it is the duty of the state to use these elements in making laws.

    In Article 38 of the Indian Constitution, three types of justice, social, economic and political, have been mentioned to express the phrase justice.

     Article 38 [1] states that the State shall strive to promote public welfare by establishing and preserving as effectively as possible a social order in which social, economic and political justice animates all the institutions of national life.

 Article 38[II] Clause [2] was added by the 44th Constitutional Amendment.  Clause (2) states that efforts shall be made to eliminate inequalities in status, facilities and opportunities between individuals and groups.

 Article 39 contains the principle of achieving economic justice.  It is divided into six parts.  Article 39 [a] All citizens, men and women, have the right to adequate means of livelihood.

      In the case of State of Maharashtra vs. Manubhai Pragji Vashi, the Supreme Court has expanded the jurisdiction of free legal aid, in which the Court has said that to provide free legal aid, trained lawyers are required and this is possible only when there is legal education.  There should be good colleges with good teachers, libraries etc.

Article 39A directs the State to make arrangements to provide social justice and free legal aid to all.  It means justice according to law.

      Article 39 [b] The State shall conduct its policy in such a manner that the ownership and control of the material property of the community is so distributed as to be the highest means of the collective interest.

 Article 39 (c) The economic system should run in such a way that there is no centralization of money and means of production.

 Article 39(d) Right to equal pay for equal work for men and women.

      The Supreme Court or High Court issues writs against the state to enforce fundamental rights.  Due to the decision given in the case of Randhir Sindh vs Union of India, equal pay for equal work has, in a way, become a fundamental right.

     In the case of Dhirendra Chamoli vs. State of Uttar Pradesh, it was held that the principle of equal pay for equal work also applies to casually employed daily wage workers.

 Article 39. [e] The health and strength of the workers should not be at a risk and at the same time, such arrangements should be made for children so that they do not take up employment which is not suitable for them.

Article 39 [g] Right against economic exploitation.

 Article 39 (f) Children should be given opportunities and facilities for development in an environment of freedom and dignity and they should be protected from exploitation.

  Clause [f] has been added by the 44th Constitution.

  Article 40 Formation of Gram Panchayats.  Article 40 directs the State to take steps for the organization of Gram Panchayats and to provide them with such powers and authority as will enable them to function.

 Article 41 Right to work, education and public assistance in certain situations - Article 41 directs the state to make such arrangements so that every person can get facilities like work, education and in times of unemployment, old age, illness etc.

 Article 42: Right to just and humane conditions of work and to maternity care.

      Article 43: Subsistence wages etc. for workers and promotion of artisanal industries.

  Article 44 Code of equal treatment for citizens: →

  Article 44 of the Constitution expresses the commitment to ensure equal civil rights.  The State shall endeavor to secure equal treatment for all the citizens of India.

 In the case of Sarala Mudgal vs Union of India [1995]3 SCC 635, SC said that equal treatment code protects the individual, promotes the integrity of national unity.

   Right to adequate means of livelihood under Article 39, equal pay for equal work, Article 39 [d] Promotion of international peace and security [Article 51 is mentioned in the Directive Principles of State Policy.  With the 86th Constitutional Amendment in 2002, free and compulsory education for children of the age group of 6 to 14 years has been included in the fundamental rights under Article 21-A and now pre-infant care and education for girls below 6 years of age has been included under Article 45.  System policy is the guiding principle for this.

    Article 45 Provision for free compulsory education for children: In the case of Unikrishnan vs. State of Andhra Pradesh [1933] A.C C. 645, the Supreme Court held that it is the constitutional obligation of the State to provide free education to children up to 14 years of age because Article 45  The right to education under Article 21 is a fundamental right.  But getting proper education will also depend on the economic condition of the state.  The 86th Amendment Act 2002 provides that the State shall make provision for providing opportunities for early childhood care and education to all children of the age of 6 years.

Article 46 Article 46 calls for the state to promote with special care the welfare of the weaker sections of the people, especially the Scheduled Castes, Scheduled Tribes and Tribal Tribes, and 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, for which the State shall in particular endeavor to prohibit the use of intoxicating drugs and drugs injurious to health.

     Article 48 The State shall endeavor to organize agriculture and animal husbandry on a modern system and shall especially take steps to improve the breeding stock of cows, old calves and other milch animals and shall endeavor to prohibit slaughter.

    Article 48 (a) The State shall endeavor to protect and improve the environment of the country and to protect its forests and wild life.

(M.C. Mehta vs. Union of India (1988) 1 S.C.C.47)

     Article 49 Obligation to preserve monuments, places and objects of national importance.

  Article 50-Article 50 provides that the State shall take steps to separate the judiciary from the executive in public services.

  Article 51 International Peace and Security Article 51 provides that the State in the international arena

  (i) Promotion of international peace and security,

  (ii) Settlement of international disputes through recognition,

  (iii) Will endeavor to maintain just and respectful relations between the States.

 S.  C. Mehta vs. Union of India (1988) 1 S.C.C.  47) It was said that under (48-A) it is the duty of the Center and the State to take appropriate steps for environmental protection, in this the court has sufficient power to give orders.

Relationship Between Directive and Fundamental Rights

                      Directive principles of policy and values ​​complement each other.  Fundamental rights are mentioned in Part 3 of the Constitution and Directive Principles of Policy are mentioned in Part 4.

 Article 37 says that the Directive Principles cannot be changed by the court, yet they are complementary to each other.

  In the case of Keshavananda Bharat vs State of Kerala, Justice Hegde Mukherjee said that fundamental rights and directive principles are the conscience of our Constitution.  The purpose of fundamental rights is to create an egalitarian society, whereas the purpose of the Directive Principles of Policy is to create such a social society, while the purpose of the Directive Principles of Policy is to set some social and economic objectives which can be achieved immediately.  There is no conflict between fundamental rights and directive principles; they complement each other

India's Directive Principles of State Policy

In the intricate tapestry of India's constitutional framework, the Directive Principles of State Policy stand as a beacon, illuminating the path towards a just, equitable, and welfare-oriented society. Enshrined in Part IV of the Constitution, these principles embody the aspirations of the nation's founding fathers to establish a social order that fosters equality, justice, and opportunity for all its citizens. While not legally enforceable, the Directive Principles serve as a moral imperative, guiding policymakers in shaping laws and policies to realize the constitutional vision of a harmonious and inclusive society.

                      At the heart of the Directive Principles lies the pursuit of social justice, a fundamental pillar upon which the edifice of a democratic society rests. This principle mandates the state to endeavor towards the elimination of disparities and discrimination based on caste, religion, gender, or economic status. Through affirmative action measures such as reservations and welfare programs, the state strives to uplift marginalized communities and ensure their meaningful participation in the socio-economic fabric of the nation.

                   Education, as the cornerstone of empowerment and social mobility, occupies a central place among the Directive Principles. The provision of free and compulsory education for children underscores the state's commitment to nurturing an educated citizenry capable of realizing their full potential. By democratizing access to knowledge and fostering a culture of learning, the state lays the foundation for a future where every individual can contribute meaningfully to the nation's progress.

     The Directive Principles also advocate for the promotion of public health and environmental sustainability, recognizing the intrinsic link between human well-being and ecological equilibrium. Policies aimed at ensuring access to healthcare services and safeguarding the environment reflect the state's responsibility towards both current and future generations. By prioritizing the health and ecological integrity of its citizens, the state endeavors to create a society where prosperity is not achieved at the expense of public health or environmental degradation.

     Economic development, guided by principles of social justice and equitable distribution, is another key facet of the Directive Principles. The state is tasked with fostering growth that is inclusive, sustainable, and sensitive to the needs of the most vulnerable sections of society. Through measures such as land reforms, equitable taxation, and social welfare programs, the state seeks to bridge the gap between the haves and the have-nots, ensuring that the benefits of development reach every stratum of society.

     While the Directive Principles are not justiciable in a court of law, their significance lies in their normative force, shaping the moral and ethical contours of governance. Governments are expected to align their policies and actions with these principles, striving towards their progressive realization within the constraints of available resources and administrative capacity. The journey towards achieving the ideals enshrined in the Directive Principles is an ongoing one, marked by incremental progress and periodic recalibration in response to evolving socio-economic realities.

    In conclusion, the Directive Principles of State Policy serve as a lodestar, guiding India's journey towards a more just, equitable, and compassionate society. Rooted in the principles of democracy, social justice, and human dignity, they represent the collective vision of a nation committed to building a future where every individual can flourish and contribute meaningfully to the common good. As India continues its quest for inclusive development and social harmony, the Directive Principles remain steadfast as the guiding compass of governance, steering the nation towards a brighter and more equitable future for all.