2.2 DIRECTIVE PRINCIPLE OF STATE POLICY
(ARTICLE 36 TO 51, PART IV OF CONSTITUTION)
The Directive Principles of State Policy are enumerated in Part IV of the Constitutional from Articles 36 to 51. The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.
Dr. B R Ambedkar described these principles as 'novel features' of the Indian Constitution. The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution. Granville Austin has described the Directive Principles and the Fundamental Rights as the 'Conscience of the Constitution.
This feature, mainly borrowed from the IRISH constitution, seeks to inspire and direct the state to work for the common good of the people and establish social and economic democracy in the country. Some important Directive Principles of State Policy are:
the right to adequate means of livelihood;
the ownership and control of the resources of the community are distributed in such a manner to serve the common good;
fair distribution of wealth;
equal pay for equal work;
just and human conditions of work and maternity relief;
the right to work;
the living wage for workers;
free and compulsory education for children up to the age of 14;
the protection of the interests of Scheduled Castes and Tribes and other weaker sections;
Panchayati Raj;
Economic policies.
2.1 Features of the Directive Principles
The Phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters. According to Article 36, the term 'State' in Part IV has the same meaning as in Part III dealing with Fundamental Rights. Therefore, it includes the legislative and executive organs of the central and state governments, all local authorities and all other public authorities in the country.
The Directive Principles resemble the 'Instrument of Instructions' enumerated in the Government of India Act of 1935. In the words of Dr. B R Ambedkar, 'the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive'.
They embody the concept of a 'welfare state' and not that of a 'police state', which existed during the colonial era. In brief, they seek to establish economic and social democracy in the country.
The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.
2.2 Classification of the Directive Principles
The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal-intellectual.
Socialistic Principles
These principles reflect the ideology of socialism. They lay down the framework of a democratic socialist state, aim at providing social and economic justice, and set the path towards a welfare state. They direct the state :
(Article 38) :- To promote the welfare of the people by securing a social order permeated by justice-social, economic and political-and to minimise inequalities in income, status, facilities and opportunities .
(Article 39) :- To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and (f) opportunities for healthy development of children .
(Article 39 A) :- To promote equal justice and to provide free legal aid to the poor.
(Article 41) :- To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.
(Article 42) :- To make provision for just and humane conditions for work and maternity relief.
(Article 43) :- To secure a living wage, a decent standard of life and social and cultural opportunities for all workers .
(Article 43 A) :- To take steps to secure the participation of workers in the management of industries.
(Article 47) :- To raise the level of nutrition and the standard of living of people and to improve public health.
Gandhian Principles
These principles are based on Gandian ideology. They represent the programme of reconstruction enunciated by Gandhi during the national movement. In order to fulfil the dreams of Gandhi, some of his ideas were included as Directive Principles. They require the State.
(Article 40) :- To organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government.
Liberal-Intellectual Principles
The principles included in this category represent the ideology of liberalism. The direct the state :
(Article 44) :- To secure for all citizens a uniform civil code throughout the country.
(Article 45) :- To provide early childhood care and education for all children until they complete the age of six years.
2.3 New Directive Principles
The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:
(Article 39) :- To secure opportunities for the healthy development of children.
(Article 39 A) :- To promote equal justice and to provide free legal aid to the poor.
(Article 43 A) :- To take steps to secure the participation of workers in the management of industries.
(Article 48 A) :- To protect and improve the environment and to safeguard forests and wildlife.
(Article 38) :- The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities.
Again, the 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of 14 years.
2.4 Comparison between the Fundamental Rights and Directive Principles
Fundamental Rights
These are negative as they prohibit the State from doing certain things.
These are justifiable, that is, they are legally enforceable by the courts in case of their violation.
They aim at establishing political democracy
These have legal sanctions.
They promote the welfare of the individual.
They do not require any legislation for their implementation. They are automatically enforced.
The court is bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid.
Directive Rights
These are positive as they require the State to do certain things.
These are non-justiciable, that is, they are not legally enforceable by the courts for their violation.
They aim at establishing social and economic democracy in the country.
These have moral and political sanctions.
They promote the welfare of the community. Hence, they are societarian and socialistic.
They require legislation for their implementation. They are not automatically enforced.
The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of law on the ground that it was enacted to give effect to a directive.
