A brief note on Articles 36-51

The Directive Principles of State Policy are a set of directions given in Part 4 of the constitution of India. These principles lay down the framework for the socio-economic justice system in India. They are non-justiciable, which means that they cannot be enforced by courts. However, they can be used as a guide while making laws. In this blog post, we will discuss the key features of Articles 36-51 of the Directive Principles. We will also explore how these principles have been interpreted by courts over the years, and what is the conflict between the Right to Information and the Right to Privacy.

What are Directive Principles of State Policies?

The Directives given in part 4 of the constitution are a set of principles enshrined in the Constitution of India that guide the state in its policy-making. They are contained in Part 4 of the Constitution, from Articles 36 to 51. Though not enforceable by courts, the DPSP are fundamental in the governance of the country, and the state must apply these principles in making laws. The DPSP can be divided into four broad categories: social, economic, political, and administrative. Of these, the first two categories are of paramount importance. Article 39 enshrines the principle that the duty of the state should be to make its policy secure for all citizens the right to a proper means of livelihood. Article 41 requires the state to make economic provisions like securing the right to work, education, unemployment, old age, sickness, and disablement. The conflict between the Right to Information and the Right to Privacy is one of the most important issues facing Indian society today.

What is in Articles 36 to 51 of the Indian Constitution?

Article 36 says that the word State shall have the same meaning as it has in part III. Article 37 says that part IV of the constitution shall not be enforceable in a court of law but these provisions are of utmost importance in governance and shall apply these principles while making laws. Article 38 & 39 deal with social and economic character and says that social order should be based on justice and principles to be followed while securing economic justice. Article 39A says that the government should provide free legal aid to the economically weaker section of society. Article 40 talks about village panchayats and how they should be organised. Article 41 to 43 talk about rights & conditions required for work. Articles 45 and 46 talk about the education of children, childhood care, and promotions of weaker and educationally backward. Article 47 talks about raising standards and improvement of health. Article 44 talks about the duty of the state to the Uniform Civil Code. Article 48 & 48A talks about agriculture, animal husbandry, and the protection of wildlife. Article 49 talks about the protection of monuments of national importance. Article 50 talks about the separation of the judiciary from the executive and finally Article 51 talks about the promotion of International Peace and Security.

How do Directive Principles State Policies relate to the right to privacy?

DPSP provides the guiding factor for governance by state, though there is a certain conflict between rights and state control. There is a conflict between Right to Information and Right to Privacy, both arise from DPSP still there is conflict on various issues like what should be disclosed under RTI or what should qualify for protection under personal information. The later developments in the right to privacy have made clear what should qualify for exemption under RTI law. 

How Directive Principles of State Policy direct governance of state?

The Directive Principles of State Policy (DPSP) are a set of principles enshrined in Part 4 of the Indian Constitution. It is not enforceable by any court of law in India, but the principles laid down in this part of the Constitution are considered fundamental in the governance of the country. The principles when followed by the state while making law or adjudicating help them in making the state a welfare state, which has been a dream of national leaders.

Conclusion

Directive Principles of State Policy provides the framework for governance by the state while making laws and during adjudication. They perform the function of guiding light for making India a welfare state. Even though there is a conflict between the Right to Information and the right to privacy, later developments in right to privacy have settled the dispute. The DPSP relates to every domain of governance whether being child, weaker section financially, or in another way. Therefore the state should always try to make India a welfare state and resolve conflicts like the conflict between the Right to Information and the Right to privacy by clearly defining the ambit of both.