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Directive Principles of State Policy

Directive Principles of State Policy:

The Directive Principles of State Policy are contained in Part IV of the Constitution (Articles 36-51). The Directives are unenforceable rights i.e., if the state fails to fulfill any obligations, one cannot go to the court. Sanctions behind the directive principles are political, are based on sound constitutional and moral obligations.

Article 37 of the constitution lays down that it shall be the duty of State to apply these directives in making laws. Article 355 and 365 of the constitution can be applied for enforcing implementation of directive principles.

Classification of Directive Principles:

(a) Social and Economic Charter:

(i) Social order based on justice– Article 38(1) provides that the state shall strive to promote the welfare of the people by securing and protecting a social order in which justice – social, economic and political- shall inform all the institutions of national life.

(ii) Economic justice– Article 39 specifically requires the state to direct its policy towards securing equal right of men and women to adequate means of livelihood, equal pay for equal work for both men and women, to protect health of workers and children are given opportunities and facilities to develop in a healthy manner and are protected against exploitation and moral and material abandonment.

Article 38 and 39 embody the principle of distributive justice which connotes the removal of economic inequalities rectifying the injustice resulting from transactions between unequals in society.

(b) Social Security Charter:

(i) Participation of workers in Management of Industries (Article 43 A); Right to Work, education and public assistance in cases of unemployment, old age, sickness, and disablement(Article 41); Just and human conditions of Work(Article 42);living Wage for workers(Article 43);free and compulsory education for children until they complete the age of 14 years(Article 45). However, after the 86th constitutional amendment Act 2002, Article 45 reads: “The State shall endeavor to provide early childhood care and education to children below the age of 6 years”; duty to raise the standard of living and improvement of health (Article 47) including, in particular, the prohibition of liquor; Promotion of education and economic interests of weaker sections (Article 46); equal justice and free legal aid to economically backward classes (Article 39 A).

(c) Community Welfare Charter:

(i) Uniform civil code: Article 44, while the state has tried to reform and codify the personal laws of Hindus (which is also applicable to Sikhs, Jains and Buddhists), no attempt has been made to bring Muslims, Christians and Parsis under the purview of a Common Civil Code.

(ii) Organization of Agriculture and Animal Husbandry: Article 48.

(iii) Protection and Improvement of Forest and Wildlife: Article 48A.

(iv) Protection of Monuments of historic interest and national importance: Article 49.

(v) Separation of Judiciary from Executive: Article 50.

(vi) Promotion of international peace and security: Article 51. Pursuant to the direction enshrined in Article 51, Parliament passed the protection of human rights act, 1993 which provides for the setting of National Human rights Commission and Human rights Courts to meet the growing concern for human rights in the country and abroad.

(vii) Organization of Village Panchayats: Article 40. The object of this provision is to introduce democracy at the grass root level