Constitution Of India Part-4 : Directive Principles Of Policy
It has been placed in Part IV between Articles 36 to 51. It has been brought from the Constitution of Ireland. And Ireland brought from the constitution of Spain or these are the elements which are necessary for the country. But at the time of making the constitution, the government did’t have so much money & resources. Who can provide them – so it is up to the will of the government. The reason why KT Sah has said that Directive Principles of Policy is similar to this check. Which the bank pays as per its wish. The objective of Directive Principles is to establish social and economic democracy.
Article 36
Definition
Article 37 – It cann’t be enforced by the court. That is, it is not enforceable or maintainable by the court.
Article 38 – The attitude of public welfare means that the government shall do the welfare of the people. E.g. Ration Card (Social Political Justice)
Article 39 – Equal pay to men and women for equal work and fair distribution of resources.
Article 39 (A) – Free Legal Aid [42nd Amendment 1976]
Article 40 – Organization of Village Panchayats
Article 41 – Government assistance in certain cases [obtaining work, education such as old age pension, widow pension, cycle to the handicapped
Article 42 – Reasonable conditions of just work and providing maternity aid such as non-exertion of hard physical labor by a pregnant woman
Article 43 – Subsistence Yoga Wage i.e. salary should be given so that the family can run. [cottage industry
TRICK – Daman = 41 42 43
Article 43 (A) – Participation of workers in the management of industry.
Article 44 – Uniform Civil Code, that is, the conditions of marriage and divorce for all religions will remain the same even if the procedure of marriage is different.
Note – The law of crime is called the penal code and the law of election is called the code of conduct.
Article 45 – It is the responsibility of the government to take care of the health of children below 6 years of age. And it is the responsibility of the government to provide free education to the children of 6-14 years of age.
Note – Right to education has been added to 21A by making it an Amul right. [86th Amendment 2002]
Article 46 – Special reservation for SC/ST/OBC
Article 47 – The government will provide free food and will ban drugs and alcohol.
Article 48A – It shall be the duty of the government to protect the environment, forest and wildlife. [42nd Amendment 1976]
Article 49 – It shall be the duty of the government to protect the national monuments.
Article 50 – Separation of judiciary from executive.
Article 51 – Promotion of international peace. India became a member of the UNO under this article to settle international disputes by arbitration.
Policy, Classification of Directive Principles
The policy divides the Directive Principle into three parts –
- Gandhian – Article 40, 43A, 46,47
- Socialist – 38,39,39(A), 41, 42, 43
- Vedic or Liberal – 44, 45, 48, 48 A, 49, 50,51
Note – In the Minerma Mill case, the court said that the government should pay attention to both the directive principles or fundamental rights. That is, keep the balance. The Court held that the Directive Principles of Policy are a goal. And the means to reach this goal is the fundamental right.
What is the difference between Fundamental Rights and Directive Principles of Policy?
Difference between Fundamental Rights and Directive Principles of Policy-
| fundamental right | policy directive |
|---|---|
| It is taken from USA. | It is taken from ire land. |
| It has been placed in Part 3. | It has been placed in Part 4. |
| It is a natural right and it is acquired by birth. | It is not natural and the government gets a promise to implement it. |
| It is enforceable and maintainable by the court. | It is enforceable by the court and is not a litigation. |
| Decreases ie i.e. is negative. | It increases the authority of the government i.e. is positive. |
| There is a legal belief behind this. | There is a political belief behind this. |
| It may be suspended. | It cannot be suspended. |
| It is for the good of the individual. | It is for the good of the society. |