Article 36- 51 – Directive Principles of State Policy

Synopsis: 

1. Introduction
2. Object of the Directive Principles of State Policy
3. Social Policy Directives
4. Principles of Administrative Policy
5. Socio-Economic Rights
6. Principles of International Policy
7. Twenty Fifth Amendment to the Constitution of India
8. Conclusion

1. Introduction
   
   The Directive Principles represent a synthesis of various themes that encompass the nation’s existence, incorporating general social policy statements, administrative policy guidelines, socio-economic rights, and the country’s international policy framework. The enforcement of these Directives is fundamentally political rather than legal. Although these principles are not enforceable in a court of law, and no judicial authority can compel the government to fulfill these objectives if it neglects to do so, they have nonetheless been recognized as “fundamental in the governance of the country.”

2. Object of the Directive Principles of State Policy
   
   The Directive Principles aim to establish specific social and economic objectives for prompt realization through the facilitation of a peaceful social transformation.
   
   Welfare State: The Constitution outlines the vision for a “Welfare State” at both the federal and state levels. In such a state, the government’s primary responsibility is to ensure the well-being of its citizens.
   Social Revolution: The Directive Principles of State Policy articulate the humanitarian socialist ideals that underpin the Indian social revolution, which seeks to create an egalitarian society devoid of wealth concentration, abundant in resources, and providing equal opportunities for education, employment, and livelihood, while also promoting social justice.
   Emphasis on Preamble Ideals: The Directive Principles reinforce, in furtherance of the Preamble, the notion that the objective of the Indian political framework is not one of laissez-faire economics, but rather the establishment of a Welfare State, wherein the government has an affirmative obligation to guarantee social and economic justice and uphold the dignity of every individual.
   
3. Social Policy Directives
   
   The notion of “Social Justice” enshrined in the Constitution of India encompasses a variety of principles that are vital for the systematic growth and development of each citizen’s personality.
   1. Promotion of Social Order: According to Article 38, the primary aim of any government is to establish and maintain a social order that ensures justice—social, economic, and political—for the populace within the framework of national life. This Article, in conjunction with Article 41, which emphasizes the right to work, education, and public assistance for marginalized groups, imposes an obligation on the State to provide pensions to retired government employees and their dependents.
      
   2. Improved Industrial Relations: Article 43A is designed to enhance industrial relations, particularly concerning the rights and welfare of workers.
      
   3. Right to Free and Compulsory Education: Article 21A, introduced by the Constitution (Eighty-sixth) Amendment Act, 2002, establishes free and compulsory education as a fundamental right. In the landmark case of Unnikrishnan v. State of A. P., the Supreme Court affirmed that Article 45 must be enforced by the Government. Subsequently, the Right to Education Bill was introduced in Parliament in 2005 and was ultimately enacted as the Right to Education Act in 2009.
      
   4. Uniform Civil Code: The provision for a Uniform Civil Code, aimed at harmonizing social relations, is articulated in Article 44, which is included in Part IV of the Constitution. In the landmark cases of Mohd. Ahmed Khan v. Shah Bano Begum and Sarla Mudgal v. Union of India, the Supreme Court expressed concern over the government’s failure to fulfill the obligations set forth in Article 44. However, in the subsequent case of Lily Thomas v. Union of India, the Supreme Court clarified that its expressions of concern did not constitute a directive for the government to implement a Uniform Civil Code.
      
   5. Right to Health: The right to health and the enhancement of nutritional standards are initiated by Article 47. During the debates of the Constituent Assembly, several members, inspired by Gandhian principles, advocated for a nationwide prohibition, leading to the inclusion of a specific emphasis on the prohibition of alcohol in this article.

4. Principles of Administrative Policy
   
   To encourage nationwide participation in democratic governance and to enhance the engagement of local communities, Article 40 was introduced, advocating for the establishment of village panchayats. Conversely, Article 50 ensures a distinct separation between the judiciary and the executive branches of government. These concepts ultimately led to the enactment of the 73rd and 74th Amendment Acts in 1992, which incorporated Parts IX and IXA into the Constitution. Part IX pertains to the Panchayati Raj system, while Part IXA addresses the framework for Municipalities.

5. Socio-Economic Rights
   
   The Directive Principles of State Policy were intended to establish a society based on a socialist framework, as articulated by Pandit Nehru. Articles 41-43A and Article 48 are particularly focused on the labor force within the country, aiming to enhance the welfare and living standards of workers.
   
   In the case of Hanif Quareshi v. State of Bihar, the Court determined that the ban on the slaughter of certain specified cattle species does not constitute an unreasonable limitation on an individual’s right to engage in a trade of their choosing.

6. Principles of International Policy
   
   Article 51 explicitly mandates that the state is responsible for upholding international peace and security, promoting the peaceful resolution of conflicts, and ensuring equitable and respectful relations among nations.
   
7. Twenty Fifth Amendment to the Constitution of India
   
   1. Article 31C: Introduced by the Constitution (25th Amendment) Act of 1971, Article 31C was designed to address the challenges posed by judicial interpretations that hindered the implementation of the Directive Principles outlined in Part IV. The initial segment of Article 31C closely resembles Article 31A, providing legal protection against challenges under Articles 14 and 19 for laws aimed at realizing the Directive Principles specified in Articles 39(b) and 39(c).
   2. Rationale of Article 31C: The primary purpose of this article was to facilitate the nationalization or public management and control of all means of production, including key industries, mines, minerals, public supplies, utilities, and services.
   3. Unconstitutionality of the second part: The latter segment of Article 31C, which has been deemed unconstitutional by the Supreme Court, attempted to eliminate the court’s authority to assess whether a law claimed to be protected under Article 31C genuinely advances the principles enshrined in Articles 39(b) and 39(c).

8. Conclusion
   
   The Directive Principles of State Policy occupy a crucial position within the framework of the Indian Constitution. They serve as a foundational element, essential for the effective realization of constitutional mandates. Among these principles, the civil code stands out as a pivotal directive aimed at ensuring equality for all citizens, regardless of gender or religion. Therefore, adherence to these principles, both in their literal interpretation and underlying intent, is vital for fostering a more equitable India, free from social injustices such as untouchability.