Part IV- Article 36-51

Directive Principles of Our State Policy: Part IV (Articles 36-51) of our constitution deals with directive principles of state policy. It includes implementation of the uniform civil code, abolition of untouchability and prohibition of its practice in any form and removal of legal disabilities on the women etc.

What are Directive Principles of Our State Policy?

Article 36-51 of our constitution says:

“The Directive Principles of State Policy set out in Part IV of the Constitution shall be full and independent principles of State Policy which shall be recognized and observed by the State and which shall form the basic policy of the Government in all matters.”

In other words, Article 36-51 gives directives to all the state departments, viz. Executive, Legislature and Judiciary to observe these principles while working with respect to different fields.

Objective of Directive Principles of Our State Policy:

Directive Principles of Our State Policy ensures the fundamental rights and prevents violation of the same. They are almost like a kind of legal leash which can be used to check any tendency to implement them in a few things, but at the same time never creating trouble in areas where right has not been violated. The Directive Principles are ‘in a way’ considered as educational tools and hence they do not have too much of a strict legal value. However, they play a significant role in the making of the policy in India.

Otherwise, these principles, if violated, would lead to constitutional crisis or any kind of major trouble against violation by state authorities. These principles mainly deal with the following things:

List of Directive Principles of State Policy

Article 36- Defines the “state”.

Article 37-Part IV of the Indian Constitution shall not be enforceable in any court of law.

Article 38-Social, Political and Economic Justice.

Article 39-Principles of Policy.

Article 39A-Free Legal aid.

Article 40-Organization of Panchayats.

Article 41-Welfare Government.

Article 42-Securing just and humane work and maternity relief.

Article 43-Fair wages and a decent standard of life.

Article 43-A-Workers’ participation in management.

Article 43-B-Promotion of Cooperatives.

Article 44-Uniform Civil Code.

Article 45-Infant and Child Care.

Article 46-Protection of SCs, STs and other weaker sections from exploitation.

Article 47-Nutrition, Standard of living and public health.

Article 48-Scientific agriculture and animal husbandry.

Article 48-A-Environment and Wildlife Protection.

Article 49-Protection of monuments and places and objects which have national importance.

Article 50-Judiciary should be separate from the Executive.

Article 51-The state shall promote international peace and security.

Functions of Directive Principles of Our State Policy:

The functions of the directive principles are as follows:

1) Function as supplementary to the Fundamental rights.

2) Protect Fundamental Rights from violation.

3) Perform a balancing function between Fundamental Rights and Directive Principles.

4) Be the basis for making a uniform civil code for India.

5) Be the basis for constitutional amendments for removing social evils like untouchability, etc.

6) Be used as a tool to ensure self-governance of people in local government bodies, gram panchayats, municipal wards etc.

How are Directive Principles of Our State Policy different from Fundamental Rights:

There is a difference between Directive Principles of Our State Policy and Fundamental Rights in the following ways:

(a) Directive Principles are part of the basic structure of our constitution.

(b) Fundamental Rights are amendable, but the Directive Principles cannot be amended.

(c) Fundamental Rights are enforceable just in case of violation, but directive principles have no such enforcement.

(d) Fundamental Rights are available to all citizens and can be enforced by any court, but the Directive Principles of Our State Policy are only applicable to certain social classes or groups.

(e) Fundamental Rights can be restricted in the interest of public welfare, but the Directive Principles cannot be restricted.

(f) Fundamental Rights are justiciable, but directive principles are  not justiciable.

Supremacy of Fundamental Rights over Directive Principles:

Article 36 under the name “Directive Principles” has been put into our constitution before fundamental rights. It is because there were several debates and discussions in our country and among our founding fathers on whether directive principles of fundamental rights should have a primary place in our constitution. The debate was all about which one is the most important and effective method to protect fundamental rights from violation. In the end, it was decided that both should be considered  fundamental but that there should be an ever-present rule of precedence.

Thus, we have a supreme rule of precedence where Fundamental Rights are supreme, but Directive Principles are supplementary and complementary to them. The Directive Principles form a part of the basic structure of our constitution as per Article 40-A, Part IV.

On the issue of supremacy and priority between fundamental rights and Directive Principles, even after 70 years since we have a constitution nobody seems to be in disagreement over the importance of Directive Principles. In fact, when we look at historical documents written by these same framers, they all express commitment towards natural justice principles. 

Conclusion:

Directive Principles of Our State Policy holds a very significant place in our constitution. They are, in a way, the backbone of the Indian Constitution. They are essential for its proper implementation. The civil code is one of the most important directive principles which would ensure equality for all Indians irrespective of gender and religion. Hence it is important to follow them in letter and spirit to make a better India free from any kind of social evils like untouchability, etc.