Part-2 DIRECTIVE PRINCIPLES OF STATE POLICY

Right to work, to education and to public assistance in certain cases: The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. The State is directed by this article to ensure to the people within the limits of its economic capacity and development: (i) employment, (ii) education, and (iii) public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.

Provision for just and humane conditions of work and maternity relief: The State shall make provision for securing just and humane conditions of work and for maternity relief. These directives, like those contained in Article 38, relate to economic rights.

Living wage etc. for workers – The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular State shall endeavour to promote cottage industries on an or co-operative basis in rural areas.

This article requires the State to strive to secure to the worker work, a living age, conditions of work ensuring a decant standard of life and full enjoyment leisure and social and cultural opportunities. The last portion of the article lays emphasis on the promotion of cottage industries on an ‘individual or co-oprative basis in rural areas’. Article 43 read with Article 38 requires the State to provide work but not necessarily a job in State civil service or a security against the termination of such service for good cause.

Important cases related to fixation of minimum

wages of labourers are –

_ Bijay Cotton Mills Ltd. v. State of Ajmer

_ Standard Vaccum Refining Co. of India v. Workmen

 Participation of workers in management of industries: The state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishment or other organisations engaged in any industry. In upholding the right of workers to be heard in the winding up proceedings of a company, the court drew support from this article.

 Uniform civil code for the citizens: The State shall endeavour to secure for the citizens a uniform civil code throughout territory of India. This article requires on the State to take steps for establishing a uniform civil code throughout the territory of India. Two objections were put forward in the Constituent Assembly against the making of a uniform civil code applying throughout India: firstly, it would infringe the fundamental right to freedom of religion mentioned in Article 25 and secondly, it would be a tyranny to the minority. The first objection is misconceived. The directive contained in Article 44 in no way infringes the freedom of religion guaranteed by Article 25. Clause (2) of that article specifically saves secular activities associated with religious practices from the guarantee of religious freedom contained in clause (1) of Article 25.

 Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections: The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. In States of Madras v. Champakam Dorairajan’, the Supreme Court refused to let the Fundamental Right declared in Article 29(2) to be whittled down by this article. The Court asserted the supremacy of the fundamental rights over the Directive Principles of State Policy.

 Duty of the State to raise the level of nutrition and the standard of living and to improve public health: The State shall regard the raising of the level of nutrition and the standard of living of its people and improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prolongation of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. No one has a legal right to sell liquor. From the earliest times it has been found exdpedient to control the use and traffic in liquor, and this control embraces both regulatory and prohibitory measures. This doctrine has been recognised by the Directive Principles of State Policy in this article.

 Organisation of agriculture and animal husbandary: The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. The protection recommended by this part of the directive is confined only to cows and calves and to those animals which are presently or potentially capable of yielding milk or of doing work as draught cattle, but does, not from the very nature of the purpose for which it is obviously recommended, extend to cattle, such thought at one time were milch or draught cattle have ceased to be such.

 Protection and improvement of environment and safeguarding of forests and wild life: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. The Environment (Protection Act, 1986 and the Wild Life (Protection) Act, 1972 as amended in 1986 are among the steps taken under this article.

 Protection of monuments and places and objects of national importance: It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, (declared by or under law made by Parliament) to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

 Separation of judiciary from executive:

The State shall take steps to separate the judiciary from the executive in the public services of the State. The Constitution has not indeed recognised the doctrine of separation of powers in its absolute rigidity but the functions of the different parts of the branches have been sufficiently differentiated and consequently it can very well be said that our Constitution does not contemplate assumption, by one organ or part of the State of functions that essentially belong to another. Broadly stated, Article 45 provides that there shall be a separate judicial service free from executive control.

 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 treat obligations in the dealings of organized peoples with one another; and

(d) encourage settlement of international disputes by arbitration

Directive in Other Parts of Indian Constitution (Not in Part IV)

The following Directives are also non-justiciable:

  • 350 A: Enjoins every State and every local authority within the State to provide adequate facilities for instruction in the mother tongue at primary stage to children of linguistic minorities.
  • Art 351 A: Enjoins the Union to promote the spread of Hindi language so that if may serve as a medium of expression of all the elements of the composite culture of India.
  • Art 355 A: Claims of Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of Union or of a State

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