Directive Principles of State Policy Directive Principles of State Policy • Policy- Directive principles are a code of conduct for the administrators of a state or country, which aims to establish a welfare state. • Part-4 of the Constitution describes the Directive Principles of Policy under Article (36-51) • The concept of Directive Principles in the Indian Constitution is derived from the Constitution of Ireland. Directive principles symbolize the state's obligations to citizens, but cannot be implemented by Court Description of Directive Principles • Article 36 - Article 36 defines the word 'state’. • Article 37 - According to Article 37, it is the duty of the state to implement the Directive Principles of Policy, but these principles will not be enforceable in the court. • Article 38 - Order to the state to create social system for the protection and promotion of social, economic and political justice and public welfare • Article 39 (A) - On the basis of equal opportunity of justice, accessibility and free legal aid have been described and equal pay has been made for equal work considering the constitutional goal. • Article 39 (B) - Owning and controlling public money in such a way that best management of collective interests can be done. • Article 40 - Provision for formation of Gram Panchayats, in this, the state will organize Gram Panchayats as units of autonomous governance • Article 41 - Right to get public assistance in some cases like work, education and unemployment, old age, sickness and disability. • Article 42 - The State shall provide for pregnant aid to ensure fair and humane conditions of work. • Article 43 - The state will endeavor to provide social and cultural opportunities to the people and will arrange incentives for the development of cottage industries • Article 43 (A) - To ensure the participation of workers in the management of industrial undertakings, institutions or other organizations. • Article 44 - The state will try to implement a uniform civil code for citizens in all the territories of India • Article 45 - 86th Constitution Amendment (2002), Article 45 provided that states should try to provide care and education of children. • Article 46 - The State shall endeavor for the education and economic growth of the weaker sections, especially the Scheduled Castes and Tribes. • Article 47 - Nutrition level, improvement in public health and prohibition of intoxicants and harmful drugs will be arranged by the state • Article 48 - The State shall endeavor for the advancement of agriculture and animal husbandry and take necessary steps to prohibit slaughter for the preservation and improvement of breeds. • Article 48 (A) - Protection and promotion of environment and efforts to protect forests and wildlife. • Article 49 - Protection of monuments, places and objects of historical and national importance. • Article 50 - Separation of executive and judiciary. • Article 51 - (1) To promote international peace and security. (2) Building equitable relations between nations. (3) Attempt to settle international disputes.
• Article of the Constitution relating to Directive Principles of
Policy (this article is also not enforceable in court) –
• Article 350 (A) - Instructions to the state to provide adequate
facilities of education in the mother tongue at the primary level of education to the children of linguistic minorities • Article 351 - It is the duty of the Sangh to try to develop the Hindi language. • Article 335 - Provision for reservation in posts in various services for scheduled castes, tribes and backward classes Fundamental Duties • Fundamental rights are also provided in the Constitution along with fundamental duties. • Based on the recommendations of the Sardar Swarn Singh Committee by the 42nd Constitution Amendment 1976, 'Fundamental Duties' have been included under Article 51 (A) in Part 4 (A) of the Constitution. • The 11th Fundamental Duty was added to Article 51 (A) by the 86th Constitutional Amendment Act 2002. • Total number of fundamental duties – 11 1. Adherence to the Constitution and respect for the ideals, institutions, national flag and national anthem of the Constitution. 2. To protect the country and be ready to serve the nation when the call for national service is given. 3. Understanding the importance of the glorious tradition of integrated culture and protecting it. 4. Honoring and emulating the high ideals that inspired the national movement 5. To protect the sovereignty, unity and integrity of India and keep them intact. 6. Protection of public property and prohibition of violence. 7. Attempt to develop scientific outlook, humanism and the spirit of learning and improvement. 8. Conservation and promotion of the natural environment and compassion for the living beings 9. To strive for excellence in all spheres of individual and collective activities so as to pave the way for the supreme progress of the nation. 10. It is the ultimate duty of every citizen to protect the sovereignty, unity and integrity of India. 11. Parents or guardians should provide education opportunities to their 6-14 year olds.
• There is no provision in the constitution for enforcement of
fundamental duties by the courts. • There is no provision in the Constitution to punish for violation of fundamental duties