Articles 36 to 51 - Directive Principles of State Policy
- Legal Journey
- Oct 25
- 9 min read
Directive Principles of State Policy
Part IV
(Articles 36 - 51)
- The concept of Directive Principles of State Policy (DPSP) has been taken from the Irish Constitution.
- The Directive Principles of State Policy (DPSP) of the Indian Constitution are the ideals which the Government must keep in mind while they formulate policies and laws.
- They have been enacted to set standards of achievements before the Government by which their success or failure can be judged.
- They lay down the goals that may be achieved through various means that must be devised from time to time.
Article 36. Definition
- The Definition of State provided in Article 12 applies to this part as well unless the context requires otherwise.
Article 37. Application of the principles contained in this Part
- Article 37 declares that DPSP are NOT enforceable in any Court.
- It further declares that DPSP are fundamental in the governance of the Country, and
- It shall be the duty of the State to apply these principles in making laws.
Q) Which Article provides that rights in Part III are enforceable?
A) Article 32 and even Article 226
Article 38. State to secure a social order for the promotion of welfare of the people
Clause (1) - The State shall strive to promote the welfare of the people,
- By securing and protecting to all its citizens a social order.
Social, Political and Economic Justice
- This directive ONLY reaffirms what has already been said in the Preamble.
Clause (2) - Inserted by the 44th Constitutional Amendment Act, 1978
- State shall strive to reduce the inequalities faced by the people on grounds of :-
Income | Status | Facilities | Opportunities |
Not only amongst amongst groups of different areas or different | individuals but also people residing in engaged in vocations |
Article 39. Certain Principles of policy to be followed by the State
- Article 39 specifically requires the State to direct its policy towards securing the following principles :-
Adequate means of livelihood to citizens, both men and women equally;
Ownership and control of material resources so distributed to subserve common good;
Prevention of concentration of wealth and means of production;
Equal pay for equal work;
Health and strength of workers, men and women, and tender age of children are NOT abused, & are NOT forced by economic necessity to enter into avocations unsuited to their age or strength.
Children are given opportunities and facilities to develop in a healthy manner, &In conditions of freedom and dignity, &That childhood and youth are protected against exploitation, moral and material abandonment.
- Clause (f) was substituted by the 42nd Constitutional Amendment Act, 1976
Randhir Singh V. Union of India (1982 SC)
- It was held that equal pay for equal work, although not expressly declared to be a Fundamental Right is clearly a Constitutional goal under Articles 14, 16 and 39(d)
- Hence, it can be enforced by the Courts in cases of unequal scales of pay based on irrational classification.
Article 39-A. Equal Justice and free Legal Aid
- The State shall :-
Secure operation of legal system promotes justice on basis of equal opportunity;
Provide free legal aid;
Ensure that opportunities for securing justice are NOT denied to any citizen by reason of economic or other disabilities.
- This Article was inserted by the 42nd Constitutional Amendment Act, 1976
Article 40. Organisation of Village Panchayats
- This Article is a manifestation of the Gandhian Principle.
- The State shall take steps to :-
Organise village panchayats, &
Empower them to be units of self-government.
- Taking steps under this Article, 2 Constitutional amendments were passed.
73rd Constitutional Amendment Act, 1992 -> Panchayati Raj System (Part IX)
74th Constitutional Amendment Act, 1992 -> Municipality System (Part IX A)
Article 41. Right to work, to education and to public assistance in certain cases
- As far as its economic capacity and development allow,
- The State shall make effective provisions for securing :-
The right to work,
The right to education, and
The right to public assistance in cases of :-
Unemployment | Old age | Sickness and disablement | And other cases of undeserved want |
Article 42. Provision for just and humane conditions of work and maternity relief
- It directs the State to make laws that :-
Ensure just and humane conditions of work, &
Provide for maternity relief.
Article 43. Living wage, etc., for workers
- It directs the State to :-
Ensure a living wage for workers,
Conditions of work ensuring a decent standard of life, &
Full enjoyment of - leisure, social and cultural opportunities.
- In particular, the State shall endeavour to promote cottage industries.
- This Article refers to ‘living wage’ and NOT ‘minimum wage’
- Living wage includes, in addition to the bare necessities of life, like food, shelter and clothing, provisions for the education of children and insurance.
Article 43-A. Participation of workers in the management of industries
- It requires the State to take steps to secure the participation of workers in the management of :-
Undertakings | Establishments | Other organisations engaged in any industry |
- Inserted by the 42nd Constitutional Amendment Act, 1976
Article 43-B. Promotion of co-operative societies
- It directs the State to promote:-
Voluntary formation | Autonomous Functioning | Democratic Control | Professional Management |
Of co-operative | societies |
- Inserted by the 97th Constitutional Amendment Act, 2011
Article 44. Uniform Civil Code for the citizens
- The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Sarla Mudgal V. Union of India (1995 SC)
- Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society.
- Marriage, succession and like matters are of a secular nature and therefore, they can be regulated by law.
- No religion permits deliberate distortions.
Article 45. Provision for early childhood care and education to children below the age of six years
- It directs the state to provide early childhood care and education for all children till the age of 6 years.
- Article 21-A provides a Fundamental Right of compulsory education for children between the ages of 6 to 14 years.
Unni Krishnan V. State of A. P. (1993 SC)
- The Supreme Court held that the “Right to Education” upto the age of 14 years is a Fundamental Right within the meaning of Article 21.
- 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.
86th Constitutional Amendment Act, 2002
- Added Article 21A - The Right to Education.
- Also substituted a new Article for Article 45.
- OLD 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.
- However, the Substituted new Article 45 provides for early childhood care and education for all children till the age of 6 years.
Article 46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
- The State is directed to provide special care in the context of educational and economic interests of the weaker sections of society.
- In particular, the Scheduled Castes and the Scheduled Tribes.
- The State shall also protect the weaker sections 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:-
Raising the level of nutrition | Standard of living | Improvement of public health |
As among its primary duties |
- In particular, the State shall also endeavour to bring about the Prohibition of the consumption of intoxicating drinks and drugs, except for medicinal purposes.
Article 48. Organisation of agriculture and animal husbandry
- The State shall take every step to organise agriculture and animal husbandry in a modern and scientific manner.
- With a focus on:-
Preserving and improving breeds, and
Prohibiting the slaughter of cows, calves and other milch and draught cattle.
Article 48-A. Protection and improvement of the environment and safeguarding of forests and wildlife.
- Inserted by the 42nd Constitutional Amendment Act, 1976
- It requires the State to take steps to protect and improve the environment and to safeguard the forests and wildlife of the Country.
Article 49. Protection of Monuments and places, and objects of national importance
- It provides an obligation on the State to protect:-
Every monument, OR | Place, OR | Object |
Of Artistic or Historic Interest, OR | ||
Of National Importance |
- Under this, the Parliament has enacted the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951.
Article 50. Separation of judiciary from executive
- It requires the State to take steps to separate the Judiciary from the Executive in the public services of the state.
- This article embodies the principle of Separation of Powers.
- But, it excludes Legislature in its application under the Constitution of India.
Article 51. Promotion of International Peace and Security
The State shall strive to :-
Promote International Peace and Security;
Maintain Just and Honourable relations between Nations;
Foster respect for International Law and Treaty Obligations in the dealings of organised peoples with one another; and
Encourage Settlement of International disputes by Arbitration.
Relations between Directive Principles and Fundamental Rights
- While Fundamental Rights are enforceable, DPSP are NOT.
- Even though DPSP have been declared to be ‘Fundamental in the governance of the Country’,
- DPSP are non-justiciable.
- While Part III contains negative injunctions to the State NOT to do various things.
- Part IV contains a positive command for the State to promote what may be called a social and welfare State.
State of Madras V. Champakam Dorairajan (1951 SC)
- The Court held that the correct approach in which the Provisions found in Part III and IV have to be understood is that the DPSP has to conform and to run as a subsidiary to the Chapter on Fundamental Rights.
- So basically, in this case it was held that in case of any conflict between Fundamental Rights and Directive Principles, the Fundamental Rights would prevail.
Re Kerala Education Bill (1957 SC)
- The Supreme Court observed that though the Directive Principles CANNOT override the Fundamental Rights, nevertheless, in determining the scope and ambit of Fundamental Rights the court may not entirely ignore the directive principles.
- It should adopt the principles of Harmonious Construction and should attempt to give effect to both as much as possible.
Kesavananda Bharati V. State of Kerala (1973 SC)
- The Court held that the Fundamental Rights and Directive Principles aim 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 complementary to each other.
- It can well be said that Directive Principles prescribe the goal to be attained and the Fundamental Rights lay down the means by which that goal is to be achieved.
Unni Krishnan V. State of A. P. (1993 SC)
- The Supreme Court reiterated the same principle that the Fundamental Rights and directive principles 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.
Air India Statutory Corporation V. United Labour Union (1997 SC)
- The Supreme Court has held that the Directive Principles now stand at par with Fundamental Rights.
Frequently Asked Questions
Q) What are Directive Principles of State Policy (DPSPs)?
A) DPSPs are guidelines for the State to ensure social, economic, and political justice. They are not enforceable by courts but fundamental to governance.
Q) What was introduced by the 42nd Constitutional Amendment Act, 1976?
A) The 42nd Constitutional Amendment Act added Articles 39A, 43A, and 48A, strengthening DPSPs on free legal aid, workers’ participation, and environmental protection.
Q) How are Directive Principles classified?
A) DPSPs are grouped into Socialist Principles, Gandhian Principles, and Liberal-Intellectual Principles based on their objectives and inspiration.
Q) What are Gandhian Principles among the DPSPs?
A) They include Articles 40, 43, 43B, 46, and 47, reflecting Gandhi’s ideals of self-reliance, rural upliftment, and prohibition of intoxicants.
Q) What are Socialist Principles under the DPSPs?
A) Articles like 38, 39, 41, 42, and 43 aim to reduce inequality, ensure fair wages, and promote social and economic justice.
The Directive Principles remind us that true justice goes beyond the law, it’s about fairness, equality, and welfare for all.
What’s your take? Should DPSPs be made enforceable like Fundamental Rights?
Share your views in the comments and join the discussion below!
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