Part IV [Article 36-51]

By: Dr. V. K. Tripathi

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Philosophy
Crux of the Articles
Controversies
Amendments
How it relates to Preamble & FR
National Commission to Review the Working of
the Constitution

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The Philosophy
A

derivative of the concept of welfare

state

Seeks

to resolve the possible conflict

between the rights of the individual and
the needs of the community/society

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 The

whole effort has been to ensure that

the fundamental rights of the citizen do
not degenerate into the liberties of the few
against the interests of the many.

An

inspiration from the precedent of the

Irish Constitution

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Article 37
The directive principles are fundamental in the
governance of the country and that it shall be
the duty of the state to apply these principles in
making laws

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However,
no legal rights for the violation of which any
individual could seek a remedy nor these
bestow any power on the legislature.
Yet,
they are not mere moral precepts but are to be
treated as part and parcel of the human rights
provisions of the constitution.

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The non-justiciability [Article 37] just

makes it clear that the judiciary should not
compel the state to perform a duty under
the directives.
A State just awakened from freedom with its many
preoccupations might be crushed under the burden
unless it was free to decide the order, the time, the place
and the mode of fulfilling them - Dr. Ambedkar

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The purpose of the Directive Principles is to fix

certain social and economic goals for immediate
attainment by bringing about a non-violent
social revolution. Through such a social
revolution the constitution seeks to fulfill the
basic needs of the common man and to change
the structure of our society. It aims at making
the Indian
masses free in the positive
sense. - Justice K. S. Hedge

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Even the fundamental rights may be amended

by the parliament to implement the Directives
and such legislation may be held to be valid
unless it offends any of the basic features of the
Constitution.

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It has been held by the apex court that under

Article 38, 39, and 46
it is the duty of the local bodies Panchayats,
Zila Parishads and Municipalities to implement
the Directives in a planned manner by annual
budget providing rights to the poor.

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The State shall direct its policy in such a manner

as to secure that all men and women have the
right to an adequate means of livelihood,
that the ownership and control of material
resources of the community are so distributed
as best to subserve the common good.

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that the economic system is not allowed to result

in the concentration of wealth and means of
production to the detriment of the common good
that there is equal pay for equal work for both
men and women.
that the health and strength of workers, men and
women and the tender age of children are not
abused.

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that citizens are not forced by economic

necessity to enter avocations unsuited to their
age or strength, and that childhood and youth
are protected against exploitation.
39 A: Equal Justice & Free Legal Aid
40: Organization of Village Panchayats

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The Article seeks, within the limits of the States

economic capacity and development, to make
effective provision for securing the right to work,
education and public assistance in the event of
unemployment, old age, sickness and
disablement or other cases of undeserved want.

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Article 42 & 43
to secure for workers a living wage, human
condition of work, maternity relief, a decent
standard of life, and full enjoyment of leisure and
social and cultural opportunity.

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Invoking the provisions of Article 39, 41 and 47

and the Child Labour (Prohibition and
Regulation) Act 1986, the Supreme Court held in
MC Mehta v. State of Tamil Nadu (1997) that
the offending employer should be asked to
deposit in a Child Welfare Fund Rs. 20,000 for
each child employed...

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Organization of Village Panchayat (Article 40)

Promulgation of a uniform civil code for the
whole country (Article 44)
Free and compulsory education for all children
up to age of 14 (Article 45)
Promotion of educational and economic
interests of scheduled castes, scheduled tribes
and other weaker sections (Article 46)

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Duty of the State to raise the level of nutrition

and the standard of living and to improve public
health (Article 47)
Organization of agriculture and animal
husbandry and prohibition of cow slaughter
(Article 48)
Protection of National Monuments (Article 49)

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Separation of judiciary from the executive

(Article 50)
Promotion of international peace and security,
just and honorable relation between nations,
respect for international law and treaty
obligations and settlement of international
disputes by arbitration (Article 51)

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There has been considerable and continuing

controversy with regard to the directive
regarding a Uniform Civil Code (UCC) enshrined
in Article 44.
In R. Bommai v. Union of India case (1994) the
court upheld the legislative power of parliament
to reform personal laws and urged the govt. to
enact a UCC to promote national integration.

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The court regretted that Article 44 has

remained a dead letter.
The court again urged the need for a UCC in
Sarla Mudgal v. Union of India case (1995) etc.

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The 42nd amendment elaborates Article 39:

(i) that the operation of the legal system
promotes justice, on a basis of equal
opportunity, and in particular the State provides
free legal aid in cases of economic or other
disability [39 (A)]
This right was inherent in Article 21 of the
fundamental rights.

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(ii) that children are given opportunities and

facilities to develop in a healthy manner and in
conditions of freedom and dignity [39 (f)]
(iii) that the participation or workers in
management of industries is secured [43 (A)]
(iv) that the environment is protected and
improved and the forests and wild life are
safeguarded [48 (A)]

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The 44th amendment added a clause to Article

38 to say that:
the State shall, in particular, try to reduce
inequalities of income and eliminate inequalities
in status, facilities and opportunities among
individuals and among groups of people living in
different areas or engaged in different vocations.

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Besides amending Article 31-C it was

laid down that no law giving effect to any
or all of the directive principles shall be
void on ground of contravening any of the
fundamental rights under Article 14, 19 or
31.

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A new article 31-D

that no law authorizing prevention or
prohibition of anti-national activities or
associations would be void on ground of
inconsistency with the fundamental rights
under 14, 19 & 31

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86th amendment (2002)

made education a fundamental right for
children of 6-14 years by inserting a new
Article 21-A.
As a corollary, Article 45 was substituted
by a new article providing for early child
care and education to the children bellow
six years.
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The above three are taken as integral part of the

constitution and have to be read with each other.
The Directive Principles are declared to be
fundamental as guiding principles what the
framers of the constitution looked as ideal or the
goal.

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As there is no essential dichotomy between

rights and duties, the fundamental rights and
directives complement and supplement each
other.
The former states the donts for the govt. and
the latter the dos.

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The National Commission to Review the

Working of the Constitution (2002) made
some recommendations:
A strategic plan of action to create a large
number of employment opportunities.
Setting up of a National Education Commission
every five year to report on compulsory
education etc.

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Promoting through civil society initiatives interfaith and inter-religious harmony and social
solidarity.
Establishing a high status body to review the
implementation of Directive Principles.

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