Directive Principles of State Policy

PART IV of the Constitution Article (36 − 51)

These Principles are in the nature of instruments of instruction to the govt.

Directive Principles are essentially guidelines to the State.

A Directive Principle required to be implemented by legislation and so long as there is no Law carrying out the Policy laid down in a Directive, neither the State nor an individual can violate any existing Law or legal right under a Directive.

Directives are not enforceable in the Courts and do not create any justiciable rights in favour of the individuals.

In case of a conflict between Directive Principles and Fundamental Rights of the Constitution, the latter shall prevail.

Article 36-37 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.

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. Further, the State shall strive to minimise inequalities.

Article 39 – specifically requires the state to direct its policy towards securing economic justice.

Article 40 – ensures organising village panchayats as units of self-government.

Article 41 – Right to Work, education and public assistance in cases of un-employment, old-age, sickness, and disablement.

Article 42 – Just and humane conditions of Work.

Article 43 – the concept of living wage includes in addition to the bare necessities of life (food, shelter and clothing), provisions for education of children and insurance, etc. • Article 44 – Deals with Uniform Civil Code.

Article 45 – The State shall endeavour to provide early childhood care and education for all children until they complete the age group of six years.

Article 46 – Promotion of education and economic interests of weaker sections.

Article 47 – Duty to raise the Standard of living and improvement of health. It includes, in particular, the prohibition of liquor.

Article 48 – Organisation of Agriculture and Animal Husbandry.

Article 49 – Protection of Monuments, etc.

Article 50 – Separation of Judiciary from Executive.

Article 51 – Promotion of international peace and security.