Directive Principles of State Policy of Constitution of India

From LawNotes.in
Jump to: navigation, search
HomeBrud.gifIndian LawBrud.gifConstitution of IndiaBrud.gifDirective Principles of State Policy

Directive Principles of State Policy are mentioned in Part V of the Constitution of India. The Indian constitution borrowed these features from the Constitution of Ireland which in turn borrowed it from the Spanish Constitution.

It is believed that the concept of Welfare state can be realized only when the State itself takes the endeavor to implement them as if it is its moral duty. The framing of the Constitution was such that which ever political party is in power has to take the moral duty of implementing the features of a Welfare state failing which it might see the wrath of the people in the next elections.

Contents

Classification of Directives

The Directives are classified into three Charters.

  • Social and Economic Charter
  • Social Security Charter
  • Community Welfare Charter

Social and Economic Charter

  • Social order based on justice
    • Constitution (44th Amendment) Act, 1978
    • Air India Statutory Corporation v United Labour Union, AIR 1997 SC 645
      • Social justice and equality are complementary to each other so that both should maintain their vitality.
      • Rule of Law is a potential instrument of social justice to bring about equality.
  • Principles of policy to be followed by the State for securing economic justice
    • Constitution (42nd Amendment) Act, 1978
    • M C Mehta v State of Tamil Nadu, (1991) 1 SCC 283: Ruling against employment of children in matches and fireworks factories; Directions given by SC
    • State of Tamil Nadu v Abu Kavar Bai, (1984) 1 SCC 516: SC upheld state decision to nationalize transport services on the ground that they give effect to directive principles
    • Equal pay for equal work
      • Randhir Singh v Union of India, AIR 182 SC 879: Equal pay for equal work is not a fundamental right but certainly a fundamental goal and therefore cable of enforcement through constitutional remedies under Article 32.
      • State of AP v V G Sreenivasa Rao, (1989) 2 SCC 290: Higher pay to a junior in the same cadre is not illegal and violative of Articles 14, 16 and 39(d) if there is a rational basis for it.
      • State of Haryana v Rajpal Sharma, AIR 1997 SC 449: Teachers employed in privately managed aided schools in the State of Haryana are eligible for same salary and dearness allowance as is paid to teachers of Government schools.

Social Security Charter

  • Participation of workers in management of Industries
  • Right to work, education and public assistance in certain cases
  • Just and human conditions of work
  • Living wage for workers
  • Provision of early childhood care and education to children below the age of six years
  • Constitutional (86th Amendment) Act, 2002: Education for children below the age of 14 is made a fundamental right
  • Duty to raise the standard of living and improving of health
  • Promotion of educational and economic interest of weaker sections
  • Equal justice and free legal aid to economically backward classes

Community Welfare Charter

  • Uniform Civil Code
    • Sarala Mudgal v Union of India, (1995) 3 SCC 635
    • Pragati Varghese v Cyril George Varghese, AIR 1997 Bom. 349
    • SC made it mandatory that all marriages should be registered irrespective of the religion
  • Organisation of agriculture and animal husbandry
    • Prevent slaughtering of cows and calves
  • Protection and improvement of forests and wild life
  • Protection of monuments and places and objects of national interest
  • Separation of Judiciary from Executive
  • Promotion of International peace and security
  • Organisation of Village Panchayats

From the Constitution

  • Article 36: Definition
  • Article 37: Application of the principles contained in this Part
  • Article 38: State to secure a social order for the promotion of welfare of the people
  • Article 39: Certain principles of policy to be followed by the State
  • Article 39A: Equal justice and free legal aid
  • Article 40: Organisation of village panchayats
  • Article 41: Right to work, to education and to public assistance in certain cases
  • Article 42: Provision for just and humane conditions of work and maternity relief
  • Article 43: Living wage, etc., for workers
  • Article 43A: Participation of workers in management of industries
  • Article 44: Uniform civil code for the citizens
  • Article 45: Provision for free and compulsory education for children
  • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
  • Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
  • Article 48: Organisation of agriculture and animal husbandry
  • Article 48A: Protection and improvement of environment and safeguarding of forests and wild life
  • Article 49: Protection of monuments and places and objects of national importance
  • Article 50: Separation of judiciary from executive
  • Article 51: Promotion of international peace and security

Notes

Other related Articles from the Constitution

Recent / Related Cases / Case Law

Related Topics


Views
Personal tools