Directive Principle Of state Policy

Directive Principle Of state Policy

The Directive Principles of State Policy are enumerated in Part IV of the Constitution 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 Constitutionand is the soul of then Constitution.

Article enumerated in Directive Principle of state Policy

36. Definition of State

37. Application of the principles contained in this part

38. State to secure a social order for the promotion of welfare of the people

39. Certain principles of policy to be followed by the State

39A. Equal justice and free legal aid

40. Organisation of village panchayats

41. Right to work, to education and to public assistance in certain cases

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

43. Living wage, etc., for workers

43A. Participation of workers in management of industries

43B. Promotion of co-operative societies

44. Uniform civil code for the citizens

45. Provision for early childhood care and education to children below the age of six years

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections

47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health

48. Organisation of agriculture and animal husbandry

48A. Protection and improvement of environment and safeguarding of forests and wildlife

49. Protection of monuments and places and objects of national importance

50. Separation of judiciary from executive

51. Promotion of international peace and security

NEW DIRECTIVE PRINCIPLES

The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They are

1. To secure opportunities for healthy development of children (Article 39).

2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).

3. To take steps to secure the participation of workers in the management of industries (Article43 A).

4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38).

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 six years.

The 97th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies (Article 43B). It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

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