Module 3: Directive Principles of State Policy (Articles 36–51)

Learning outcomes

• explain why Directive Principles are non-justiciable;
• state the key articles (38, 39, 39A, 40, 41, 42, 43, 43A, 43B, 44, 45, 46, 47, 48, 48A, 49, 50, 51);
• distinguish Directive Principles from Fundamental Rights.

Start here: the simple idea

Directive Principles (DP) are the goals the State must strive to achieve. Unlike Fundamental Rights, they are not enforceable by courts (non-justiciable), but they are fundamental in the governance of the country. Together with Fundamental Rights, they aim at establishing a welfare state.

Important terms explained simply

Article 37 — Non-justiciability

The provisions in Part IV are not enforceable by any court, but the principles are fundamental in governance and it is the duty of the State to apply them in making laws.

Article 38 — Social order

The State shall promote the welfare of the people by securing a social order in which justice (social, economic, political) informs all institutions. It shall minimise inequalities in income, status, facilities, and opportunities.

Article 39 — Certain principles of policy

The State shall secure: (a) adequate means of livelihood for all citizens (men and women equally); (b) ownership and control of material resources for the common good; (c) operation of the economic system not resulting in concentration of wealth; (d) equal pay for equal work for men and women; (e) health and strength of workers not abused, no child exploitation; (f) children given opportunities to develop in freedom and dignity.

Article 39A — Equal justice and free legal aid

The State shall secure equal justice and provide free legal aid so that no citizen is denied justice by reason of economic or other disabilities.

Article 40 — Village panchayats

Organise village panchayats as units of self-government.

Article 41 — Right to work, education, and public assistance

Make effective provision for securing the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement.

Article 42 — Just and humane conditions of work

Provision for securing just and humane conditions of work and maternity relief.

Article 43 — Living wage, etc.

Secure for all workers a living wage, decent standard of life, full enjoyment of leisure, and promote cottage industries.

Article 43A — Participation of workers in management

Secure participation of workers in the management of undertakings and establishments.

Article 43B — Co-operative societies

Promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies.

Article 44 — Uniform civil code

The State shall endeavour to secure a uniform civil code for all citizens throughout India.

Article 45 — Early childhood care and education

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

Article 46 — Promotion of educational and economic interests of SC/ST

Promote with special care the educational and economic interests of weaker sections, in particular Scheduled Castes and Scheduled Tribes, and protect them from social injustice and exploitation.

Article 47 — Duty of the State to raise nutrition and living standards

Raise the level of nutrition and the standard of living; improve public health; endeavour to bring about prohibition of intoxicating drinks and drugs injurious to health.

Article 48 — Organisation of agriculture and animal husbandry

Organise agriculture and animal husbandry on modern scientific lines; preserve and improve breeds; prohibit slaughter of cows, calves, and other milch and draught cattle.

Article 48A — Protection and improvement of environment

Protect and improve the environment and safeguard forests and wildlife.

Article 49 — Protection of monuments

Protect every monument or place or object of artistic or historic national importance from spoliation, disfigurement, destruction, removal, disposal, or export.

Article 50 — Separation of judiciary from executive

The State shall take steps to separate the judiciary from the executive in the public services of the State.

Article 51 — Promotion of international peace and security

The State shall endeavour to: (a) promote international peace and security; (b) maintain just and honourable relations between nations; (c) foster respect for international law and treaty obligations; (d) encourage settlement of international disputes by arbitration.

Common mistakes

• Confusing Directive Principles with Fundamental Rights (DP are non-justiciable).
• Believing Art 44 (Uniform Civil Code) has been implemented (it has not; Goa has a common civil code by historical exception).
• Forgetting Art 43A and 43B were added later (43A by 42nd Amendment, 1976; 43B by 97th Amendment, 2011).

Memory rules

• DP = Articles 36–51 (Part IV) — non-justiciable.
• Art 39 = economic policy goals (a–f).
• Art 39A = free legal aid.
• Art 40 = panchayats.
• Art 44 = Uniform Civil Code (not yet implemented).
• Art 48A = environment.
• Art 50 = separation of judiciary from executive.
• Art 51 = international peace.

Check your understanding

1. Why are Directive Principles called "non-justiciable"?
2. Which article provides for equal justice and free legal aid?
3. Name the article that directs the State to organise village panchayats.
4. What does Article 44 aim to achieve?
5. Which article directs the State to separate the judiciary from the executive?

Answers

1. They are not enforceable by any court, though they are fundamental in governance.
2. Article 39A.
3. Article 40.
4. A uniform civil code for all citizens.
5. Article 50.

Quick revision box

• DP = Part IV, Articles 36–51.
• Non-justiciable but fundamental in governance.
• Art 38 = social order; Art 39 = policy principles (a–f); Art 39A = free legal aid.
• Art 40 = panchayats; Art 41 = right to work/education/assistance.
• Art 44 = Uniform Civil Code (not yet implemented).
• Art 46 = SC/ST/weaker sections; Art 48 = agriculture/cattle; Art 48A = environment.
• Art 50 = separation of judiciary; Art 51 = international peace.