Introduction
Part IV of the Indian Constitution deals with the Directive Principles of State Policy (DPSP). This novel feature has been borrowed from the Irish Constitution. The Fundamental Rights are negative duties on the state while the DPSPs are positive duties on the state, though not enforceable in a court of law.
The Directive Principles of State Policy are guidelines and norms to the State and it shall be the duty of the State to implement these principles while making laws for the citizens.
To promote the welfare of the people and achieve an economic democracy, the government imposes an obligation on the State to make good policies for the improvement of the citizens.
Object behind the Directive Principles
The main objective behind the Directive Principles of State Policy is the “Welfare of the State”. The Directive Principles are the ideals which the Union and State Governments must keep in mind while they formulate policies or pass a law. They lay down certain social, economic, and political principles, suitable to uncommon conditions prevailing in India.
Classification of the Directives:- The Directives may be classified in the following ways:
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A social order based on justice
- Article 38(1) of the Indian Constitution states that it is the responsibility of the State to work for the welfare of the people by defending and securing as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
- The State shall, in particular, attempt to minimize the inequalities in income, and endeavor to eliminate inequalities in status, opportunities, and facilities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different occupations.
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Principles of policy to be followed by the State for securing economic justice
Article 39 of the Indian Constitution requires the State to direct its policy towards ensuring the following principles:
- Every man and woman will have an equal right in the adequate means of livelihood.
- To distribute the ownership and control of the material resources of the community to the common people.
- To not discriminate based on gender which means men and women will get equal pay for equal work.
- To assure that the economic system should not result in the violation of wealth and means of production to the common detriment.
- To protect and ensure the health of the children and workers.
- Article 39(b) also covers “material resources”. For development, construction of the house, to provide public facilities like roads, playgrounds, bridges, the government can acquire the land of the private owners.
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Equal justice and free legal aid to economically backward classes
Article 39A of the Indian Constitution says that the State must provide free legal aid to all the citizen of the country. The State has to make provisions and plans regarding free legal aid for the benefits of citizens related to economically backward classes. The State shall ensure that the legal system promotes justice, on a basis of equal opportunity. Legal aid and speedy trial is now a fundamental right that comes under Article 21 and even all the prisoners can enjoy this right. 
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Organization of Village Panchayats
Article 40 of the Indian Constitution states about the Panchayati Raj System. The state needs to take all the steps for the establishment of the Panchayati Raj.
Panchayati Raj is the pillar of the Indian Political System. It is the oldest form of Local self-government. Panchayati Raj election is the grassroots of Indian Democracy. All the members of Panchayati Raj are elected by the democratic process.
Rajasthan was the first state to adopt the Panchayati Raj System. The election of the Panchayati Raj System is administered by the State Election Commission. State Finance Commission provides the funds for the improvement of the Panchayati Raj system.
Panchayati Raj System has been inserted in the Indian Constitution by the 73rd Constitutional Amendment in 1992.
On the advice of the Balwant Rai Committee, the Panchayati Raj System has been divided into three tiers:
- Village Panchayat;
- Panchayat Samiti
- Zila Parishad.
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Right to Work, Education and Public Assistance in Certain Cases
Article 41 of the Indian Constitution states that the State must provide employment, education, and public assistance in case of unemployment, sickness, and disablement.
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Just and Human Conditions of Work
Article 42 directs the State to perform the provision for securing just human conditions and for maternity relief.
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A Living Wage for Workers
Article 43 refers to a “living wage” for the workers which includes provisions for the education of children and insurance etc. also with the bare necessities of life such as food, shelter, and clothing.
Article 43 requires the state to ensure by law or in any other way, a living wage, a good standard of living and social & cultural opportunities and in particular, the state shall encourage cottage industries on an individual or cooperation basis in rural areas.
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Participation of Workers in the Management of Industries
Article 43 A states that the state shall ensure the cooperation and participation of workers in the management of industries through the legislation or in any other way.
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Promotion of Co-operative Societies
According to the Constitution (97th Amendment) Act, 2011, Article 43B has been inserted which states that-
The State shall strive to encourage voluntary formation, autonomous functioning, democratic control, and professional administration of Co-operatives societies.
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Uniform Civil Code
Article 44 states that it is the responsibility of the State to secure for the citizens a Uniform Civil Code throughout the territory of India.
The Uniform Civil Code means a set of laws by which all the particular laws of the different religions will come under one platform and governed by a single law. In India, each religion has a separate personal law and they follow their law. Goa is the only State to have a Uniform Civil Code.
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Provision for early Childhood Care and Education to children below the age of Six Years
In the 86th Constitutional Amendment, a new Article has been inserted that is Article 45 which directs the state to make provision regarding free and compulsory education to all children up to the age of 14 years. The aim of free education to all children is to reduce the illiteracy rate in the country.
In the case of Unni Krishnan v. the State of A.P, the Supreme Court declared that the Right to education, up to the age of 14 years is a Fundamental Right and it will cover under the purview of Article 21.
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Promotion of educational and economic interest of weaker sections
Article 46 ensures the States promote the educational and economic interest of the weaker sections of the society and in particular of the Scheduled Castes, Scheduled Tribes. The state has to protect them from all forms of exploitation and social injustice.
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Duty to raise the standard of living and improvement of health
Article 47 imposes an obligation on the State to promote the level of nutrition and the standard of living of its people and the betterment of public health.
The state should prohibit all intoxicating drinks and drugs which are injurious to health except for medical purposes.
· Organization of Agriculture and Animal Husbandry
Article 48 directs the State to organize agriculture and animal husbandry on modern and scientific principles and in particular, take appropriate steps for preserving and developing the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
· Protection and Improvement of Environment and Safeguarding of Forests and Wildlife
Article 48A directs that the state has to take all the necessary steps to protect the environment, forest, and wildlife animals. In the M.C Mehta case, the Supreme Court has held that the State must take steps to better the quality of polluted water.
· Protection of Monuments and Places and Objects of National Importance
Article 49 puts an obligation on the State to protect every place or monument or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, demolition, removal, disposal or export, as the case may be.
· Separation of Judiciary From The Executive
Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State. It is very important to promote the rule of law in the nation.
· Promotion of International Peace and Security
Article 51 requires the State shall aim to –
(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) encourage respect for international law and treaty obligations in the dealings of organized people with one another; and
(d) encourage settlement of international disputes by arbitration.
Conclusion
The main object of the Directive Principle is to provide a good standard of life to the people and to establish social and economic democracy through a welfare state. It plays an equal role as to the Fundamental Rights. The State must apply these principles while framing laws as they are the guiding principle for the State. The DPSPs are not enforceable in a court of law but they work as the backbone of the Fundamental Rights.
-Mohit Goyal
Associate at Law Offices of Kr. Vivek Tanwar, Advocate & Associates