Directive Principles

CHAPTER 9 of State Policy

The Directive Principles of State Policy

gOvernments, all local authorities and all

T:are enumerated in Part IV of the Con

stitution from Articles 36 to 51. The
framers of the Constitution borrowed this idea
other public authorities in the countrv
2. The Directive Principles resemble the
Instrument of Instructions' enumer.
ated in the Government of India Act of
from the Irish Constitution of 1937, which had
copied it from the Spanish Constitution. Dr. B.R. 1935. In the words of Dr. B.R. Ambedkar
Ambedkar described these principles as 'novel the Directive Principles are like the
features' of the Indian Constitution. The Direc instrument of instructiOns, which were
tive Principles along with the Fundamental issued to the Governor-General and to
Rights contain the philosophy of the Con the Governors of the colonies of India
stitution and is the soul of the Constitution. by the British Government under the
Granville Austin has described the Directive Government of India Act of 1935. What
Principles and the Fundamental Rights as the is called Directive Principles is merelv
'Conscience of the Constitution. another name for the instrument of
instructions. The only difference is that
FEATURES OF THE DIRECTIVE they are instructions to the legislature
PRINCIPLES and the executive'.
3. The Directive Principles constitute a
1. The phrase Directive Principles of State very comprehensive economic, social
Policy' denotes the ideals that the State and political programme for a modern
should keep in mind while formnulating democratic State. They aim at realising
policies and enacting laws. These are the high ideals of justice, liberty, equality
the constitutional instructions or recom
and fraternity as outlined in the
mendations to the State in legislative, Preamble to the Constitution. They
executive and administrative matters.
According to Article 36, the term 'State' embody the concept of a 'welfare state
in Part IV has the same meaning as and not that of a 'police state', which
in existed during the colonial era', In briet,
Part III dealing with Fundamental Rights.
Therefore, it includes the legislative and they seek to establish economic and
executive organs of the central and state social democracy in the country.
4. The Directive Principles are non-justiciable
'Actually, Directive Principles are mentioned in in nature, that is, they are not legally
Articles 38 to 51. Article 36 deals with the defini
tion of State while Article 37 deals with the 'A 'Police State' is mainly concerned with the main-
nature tenance of law and order and defence of the coui
and significance of Directive Principles. try against external aggression. Such a restrictive
Granville Austin, The Indian Constitution-Corner
stone of aNation, Oxford, 1966, p. 75. concept of state is based on the nineteenth centuy
theory of individualism or laissez-faire.
 enforceable by the courts for their viola-
(b) the equitable distribution of mate
tion.
Therefore,
the government
be
(Central, rial resources of the community for
and local) cannot compelled the common good; (c) prevention of
state
implement
them. Nevertheless, the
Constitution (Article 37) itself says that
to Concentration of wealth and means of
principles are fundamental in the production; (d) equal pay for equal work
these
governance of the country and it shal1 for men and women; (e) preservation
State to apply these of the health and strength of workers
duty of the
be the laws, and children against forcible abuse; and
making
principles in
Directive Principles, though non- () opportunities for healthy develop
The
5. justiciable in nature, help the COurts in ment of children and protection of
examining and determnining the consti- childhood and youth against exploita
tutional validity of a law. The Supreme tion and against moral and material
Court has ruled many a times that in
abandonment' (Article 39).
3. To promote equal justice and to provide
determining the constitutionality of any free legal aid to the poor (Article 39A).
law if a court finds that the law in gues. 4. To secure the right to work, to education
tion seeks to give effect to a Directive and to public assistance in cases of
Principle, it may consider such law to unemployment, old age, sickness and
be 'reasonable' in relation to Article 14
disablement (Article 41).
(equality before law) or Article 19 (six 5. To make provision for just and humane
freedoms) and thus save such law from conditions of work and maternity relief
unconstitutionality. (Article 42).
6. To secure a living wage',a decent standard
CLASSIFICATION OF THE of life and social and cultural opportuni
DIRECTIVE PRINCIPLES ties for all workers (Article 43).
7. To take steps to secure the participation
The Constitution does not contain any classifi of workers in the management of indus
cation of Directive Principles. However, on the tries (Article 43A).
basis of their content and direction, they can 8. To raise the level of nutrition and the
standard of living of people and to
be classified into three broad categories, viz,
socialistic, Gandhian and liberal-intellectual. improve public health (Article 47).
Gandhian Principles
Socialistic Principles based on Gandhian
These principles are
These principles reflect the ideology of ideology. They represent
the programme of
during by Gandhi
socialism. They lay down the framework of reconstruction
enunciated
the
a democratic socialist state, aim at providing movement. In order to fulfil
the national
SoCialand economic justice. andset the path added by the 42nd
towards welfare state. They direct the state: aspect of point (f) was
The first A m e n d m e n t Act
of 1976.
Constitutional
I. 10 promote the welfare of the peO Constitutional

added by the
42nd
Directive was
ple by securing a social order perme- bThis
of 1976. wage',
and A m e n d m e n t Act 'minimum
ated by justice-social, economic
different fron shel
'Living wage'
is
needs of life like food,
political-and to minimnise inequalities
in income, status, facilities and opportu- which
includes the
bare
addition to
these bare
needs, a

clothing. In insurance,
health,
ter and education,
living wage'
nities (Article 38). living
wage'
includes

a mean
between
wage' is
o Secure (a) the right to adequate A 'fair
etc. 'minimum wage.
and
Constitutional

means of livelihood for all citizens; added by

the 42nd
Directive
was
This 1976.
The second aspect of this provision was added by A m e n d m e n t
Act of

the 44th Constitutional Amendment Act of 1978.

 Indian Polity
110 5. To protect monuments, places and ohjeta
were historic interest which
Gandhi, some
of his ideas of artistic or
of require
to be of national are,
dreams
Directive Principles.
included as
They declared
(Article 49).
importante
the State:
panchayats andendow 6. To separate the judiciary from the exeCu-
village
1 To organisenecessary powers and author tive in the public services of the Statr.
them with as units
them to function (Article 50).
ity to enable 40).
self-governnent (Article 7. To promote international peace and
of industries on an
2. To promote cottage security and maintain just and honour.
individual or c0-operation
basis in rural
able relations between nations; to foster
areas (Article 43). respect for international law and treaty
formation, autono
3. Topromote voluntary cOn obligations, and to encOurage settlement
mous functioning, democratic
trol and professional management of of international disputes by arbitrati,
cO-operative societies" (Article 43B). (Article 51 ).
4. Topromote the educational andeconomic
interests of SCs, ST5, and other weaker
sections of the society and to protect NEW DIRECTIVE PRINCIPLES
them from social injustice and exploita
tion (Article 46). The 42ndAmendment Act of 1976 added fo.
5. Toprohibit the consumption of intoxicat new Directive Principles to the original li
ing drinks and drugs which are injuri They require the State:
ous to health (Article 47). 1. To secure opportunities for healthv devel.
6. To prohibit the slaughter of cows, calves opment of children (Article 39).
andother milchand draught cattle and 2. To promote equal justice and to provide
to improve their breeds (Article 48). free legal aid to the poor (Article 394.
3. To take steps to secure the participation
Liberal-ntellectual Principles of workers in the management of indus
The principles included in this category
tries (Article 43A).
4. To protect and improve the environment
represent the ideology of liberalism. They
direct the state: and to safeguard forests and wild lite
1. To secure for all citizens a uniforn civil (Article 48A).
code throughout the country (Article 44). The 44th Amendment Act of 1978 added
2. To provide early childhood care and educa One more Directive Principle, which
tion for all children until they complete requires the State to minimise inequalities
the age of six years (Article 45). in income, status, facilities and opportunl
3. To organise agriculture and animal hus ties (Article 38).
bandry on modern and scientific lines The 86th Amendment Act of 2002 change
(Article 48). the subject-matter of Article 45 and made
4. To protect and improve the environment elementary education a fundamental rign
and to safeguard forests and wild life0 under Article 21A. The amended directie
(Article 48A). requires the State to provide early childhood
care and education for all children until
hayhis Directive was added by the 97th tr
Constitutional complete the age of six years.
Amendment Act of 2011. The 97th Amendment Act of 2011 addded
This Directive was changed by the
tional Amendment Act of 2002. 86th Constitu new Directive Principle
a provision for free and Originally, it made CO-0perative societies. It requiresrelating
the Stateto
all children until they compulsory education for promote volun tary formation, autonomou'
caomplete
IhThis Diretive was added by the the age of 14 years. functioning, democratic control and profes
42nd Constitutional sional
Amendment Act of 1976.
management of CO-operative SOcietie

(Article 43B).
 Directive Princi State Policy 111
SANCTION BEHIND DIRECTIVE Krishna Swamy Ayyar, 'no ministry respon
PRINCIPLES
sible to the people can afford light-heartedly
Sir B.N. Rau, the Constitutional Advisor to to ignore the provisions in Part IV of the
the Constituent Assembly, recommended Constitution!. Similarly, Dr. B.R. Ambedkar
that the rights of an individual should be said in the Constituent Asse mbly that 'a
divided into two categories-justiciable and government which rests on popular vote can
non-justiciable, which was accepted by the hardly ignore the Directive Principles while
Drafting Committee. Consequently, the Fun- shaping its policy. If any government ignores
damental Rights, which are justiciable in them, it will certainly have to answer for that
before the electorate at the election time".
nature, are incorporated in Part III and the
The framers of the Constitution made
Directive Principles, which are non-justicia-
the Directive Principles non-justiciable and
hle in nature, are incorporated in Part IV legally non-enforceable because:
fthe Constitution. The specific differences 1. The country did not possess sufficient
hetween the tWO are summarised in Table g 1 financial resources to implement them.
Though the Directive Principles are non 2. The presence of vast diversity and back
justiciable, the Constitution (Article 37) wardness in the country would stand in
makes it clear that 'tthese principles are the way of their implementation.
fundamental in the governance of the coun 3. The newly born independent Indian State
trv and it shall be the duty of the state to with its many preoccupations might be
crushed under the burden unless it was
apply these principles in making laws'. free to decide the order, the time, the
Thus, they impose a moral obligation on the place and the mode of fulfilling them.
state authorities for their application, but "The Constitution makers, therefore, taking
the real force behind them is political, that a pragmatic view, refrained from giving teeth
is, public opinion. As observed by Alladi to these principles. They believed more in an

Rights and Directive Principles

Table 9.1 Distinction Between Fundamental
Directive Principles
Fundamental Rights require the State to do
1. TheSe are positive as they
they prohibit the State from
1. These are negative as certain things.
doing certain things. non-justiciable, that is, they are
not legally
2. These are
they are legally enforce enforceable by the courts for
their violation.
2. These are justiciable, that is, violation.
able by the courts in case of their establishing sOcial and economic
democ
3. They aim at
establishing political
democracy in the
3. They aim at racy in the country.
country. political sanctions.
moral and
4. These have
community. Hence,
4. These have legal sanctions. welfare of the
promote the
Hence, 5. They socialistic.
societarian and
welfare of the individual. theyare
3. They promote the implementation. They
legislation for their
individualistic.
tney are personal and 6. They require enforced.
legislation for their imple- are not
automatically

They do not require any enforced. violative of any

of
declare a law
mentation. They are automatically cannot and invalid.
of any 7. The courts Principles as unconstitutional

violative alaw on the

law the validity of
Directive
7. The courts are bound to declare a and
the
can uphold
a directive.
However, they give effect to
u n c o n s t i t u t i o n a l

enacted to
of the Fundamental Rights as ground that it
was
invalid.

volumne VII, p. 476.

Debates,
Constituent Assembly
 112 Indian Polity

awakened public opinion rather than in cou 3. Conservative

procedures as the ultimate sanction for th¡
Acording to Sir Ivor Jennings, the
fulfilment of thesc principles" are bascd on the political philosophy ofDithereaivwa
Century England. He remarkd: rfhe 1:
CRITICISM OFTHE DIRECTIVE Sydney Wehh and Beatrie Webh stalk ghts
PRINCIPLES the pages of the text. Part IV of the throug
The Directive Principles of State Policy have Cxpres5Cs Fabian Socialisn without the Constituti,
been criticised by some members of the Constit ism. He opined that the Directives 'are x,1a
uent Assembly as well as other constitutional to be suitable in India in the middje. deems,
and political experts on the following grounds: twenticth century. The question whether
are suitable for the twenty-first
CEntury (anna
1. No Legal Force he answered; but it is quite prohable that the
will be entirely out moded
The Directives have been criticised mainly
because of thcir non-justiciable character.
While K.T. Shah dubbed them as pious super 4. Constitutional Conflict
fluities' and comparcd them with a cheque K Santhanam has pointed out that the
on abank, payable only when the resources Directives lead to a constitutional conflir.
of the bank permit", Nasiruddin contended (a) between the Centre and the states, (h
that these principles are 'no better than the between the President and the Prime Mir.
new year's resolutions, which are broken on ister, and (c) between the governor and the
the second of January. Even as TT. Krishnam chief minister. According to him, the Cenr
achari describedthe Directives as 'a veritable can give directions to the states with regart
dustbin of sentiments', K C Wheare called to the implementation of these principles
them as a 'manifesto of aimns and aspirations' and in case of non-compliance, can dismis
and opined that they serve as mere moral the state government. Similarly, when the
homily', and Sir Ivor Jennings thought they Prime Minister gets a bill (which violates the
are only as 'pious aspirations'. Directive Principles) passed by the Parli|
ment, the president may reject the bill on the
2. | Illogically Arranged ground that these principles are fundamenta
Critics opine that the Directives are not to the governance of the country and hence
arranged in a logical manner based on a con the ministry has no right to ignore them.
sistent philosophy. According to N Srinivasan, The same constitutional conflict may occu!
the Directives are neither properly classified between the governor and the chief ministe!
at the state level.
nor logically arranged. The declaration mixes
up relatively unimportant issues with the most
vital economic and social questions. It com UTILITY OF DIRECTIVE
bines rather incongruously the modern with PRINCIPLES
the old and provisions suggested by the reason
and science with provisions based purely on
In spite of the above criticisms are
and not
sh01"
an
sentiment and prejudice"". Sir Ivor Jennings comings, the Directive Principles Constitution.
unnecessary appendage to the
too pointed out that these principles have no The Constitution itself declares that they a
consistent philosophy. COountrn.
fundamental to the governance of the jurist
According to L.M. Singhvi, an eminent

Law, Wadhwa, Third

2M.P. Jain, Indian Constitutional
Edition (1978), p.
595. the
Debates, Volume VII, p. 470.
of
3Constituent Assembly
15gir Ivor Jennings, Some Characteristics
Government in Indiu, p. 182. Indian Constitution, 1953, pp. 31-33.
Democratic
Srinivasan,
*N.
 Directive Princi State Policy 113
and diplomat, 'the Directives are the life
giving
provisions of the Constitution.
They constitute 4. They amplify the
Preamble,
the stuff of
the Constitution
and its philosophy solemnly resolves to secure to all which
justicel6 M.C. of India justice, liberty, citizens
of soocial Chagla, former Chief equality and
Justice of India, is of the opinion fraternity.
that, if The Directives also play the
all these principles are fully carricd out, our
cOuntry
would indeed be a
heaven on earth. 1. They facilitate stability following roles:
then be not and continuity in
India would only
democracy in domestic and foreign policies in politi
the political sense, but also a welfare state cal, economic and social
spheres in spite
looking after the welfare of its citizensl7 of the changes of the
Dr.
2. They are supplementary to
party in power.
Ambedkar had pointed out that the Dircc-
BR.
the
tives have great value because they lay tal rights of the citizens. They fundamen
down are intended
that the goal of Indian polity is to fill in the vacuum in
Part III by provid
democracy' as distinguished from 'economic
'political ing for social and economic
rights.
democracy'. Granville Austin opined that the 3. Their implementation
able atmosphere for the full
creates a favour
Directive Principles are 'aimed at
the goals of the social revolution orfurthering
and proper
to foster enjoyment of the fundamental
this revolution by establishing the conditions the citizens. Political democracy,rights by
without
necessary for its achievement°. Sir B.N. Rau. economic democracy, has no meaning.
the constitutional advisor tO the Constituent 4. They enable the
opposition to exercise
Assembly, stated that the Directive Principles influence and control over the opera
are intended asmoral precepts forthe authori tions of the govern ment. The Opposition
ties of the state. They have at least an educa can blame the ruling party on the
tive value.! ground that its activities are opposed to
the Directives.
According to M.C. Setalvad, the former 5. They serve as a crucial test for the perfor
Attorney General of India, the Directive Prin mance of the government. The people
ciples, although confer no legal rights and can examine the policies and pro
create no legal remedies, are significant and grammes of the government in the light
useful in the following ways: of these constitutional declarations.
1. They are like an Instrument of 6. They serve as common political mani
Instructions' or general recommenda festo. 'A ruling party, irrespective of its
tions addressed to all authorities in the political ideology, has to recognise the
Indian Union. They remind them of the fact that these principles are intended
basic principles of the new social and to be its guide, philosopher and friend
economic order, which the Constitution in its legislative and executive acts'.
aims at building.
2. They have served as useful beacon-lights to CONFLICT BETWEEN
the courts. They have helped the courts FUNDAMENTAL RIGHTS
in exercising their power of judicial AND DIRECTIVE PRINCIPLES
review, that is, the power to determine
the constitutional validity of a law. The justiciability of Fundamental Rights and
non-justiciability of Directive Principles on
3. They form the dominating background to the one hand and the moral
obligation of State
all State action, legislative or executive and (Article
also a guide to the courts in some respects. to implement Directive Principles
led to a conflict
37) on the other hand havecommencement of
between the two since the
"Journal of Constitutional and Parliamentary Studies,
June 1975.
1M.C. Chagla, An Ambassador Speaks, p. 35. Constitution of India (Its
1'PB. Gajendragadker, The
GTanville Austin, The ndian Constitution-Comer Philosophy and Postulates), p.
11.
Bone ofa Nation, Oxford, 1966, pp. 50-52.
 114 Indion Polity

the Constitution, In the Champakan Dorai of the Fundamental Rights conferred by

rajan case" (1951 ), the Supreme Court ruled Article l4 (cquality before law and cqual
that in case of any conflict between the Fun protection of laws), Article 19 (protec.
damental Rights and the Directive Principles, tion of six rights in respect of specch
the former would prevail. It declared that the assembly, movement, etc) or Article 2
Directive Principles have to conformto and (right to property).
run as subsidiary to the Fundamental Rights. 2.. No law containing a declaration for giy.
But, it also held that the Fundamental Rights ing effect to such policy shall be aues
could be amended by the Parliament by cnact tioned in any court on the ground thas
ing constitutional amendment acts. As a it does not give effect to such a policy
result, the Parliament made the First Amend In the Kesavananda Bharati case (1973)
ment Act (1951 ), the Fourth Amendment Act the Supreme Court declared the above second
(1955) and the Seventeenth Amendment Act provision of Article 31C as unconstitutional
(1964) to implement some of the Directives. and invalid on the ground that judicial reviesw
The above situation underwent a major is a basic feature of the Constitution and
change in 1967 following the Supreme Court's hence, cannot be taken away. However, the
judgement in the Golaknath case (1967). In above first provision of Article 31C was held
that case, the Supreme Court ruled that the to be constitutional and valid.
Parliament cannot take away or abridge any Later, the 42nd Amendment Act (1976)
of the Fundamental Rights, which are 'sac extended the scope of the above first provision
rosanct' in nature. In other words, the Court of Article 31C by including within its protec
held that the Fundamental Rights cannot
be amended for the implementation of the
tion any law to implement any of the Direc
tive Principles and not merely those specified
Directive Principles. in Article 39 (b) and (c). In other words, the
The Parliament reacted to the Supreme 42nd Amendment Act accorded the position of
Court's judgement in the Golaknath Case legal primacy and supremacy to the Directive
(1967) by enacting the 24th Amendment Act Principles over the Fundamental Rights con
(1971) and the 25th Amendment Act (1971). ferred by Articles 14, 19 and 31. However, this
The 24th Amendment Act declared that the extension was declared as unconstitutional and
Parliament has the power to abridge or take invalid by the Supreme Court in the Minera
away any of the Fundamental Rights by enact Mills case25 (1980). It means that the Directive
ing Constitutional Amendment Acts. The 25th
Amendment Act inserted a new Article 31C
Principles were once again made subordinate to
the Fundamental Rights. But the Fundamental
which contained the following two provisions:
1. No law which seeks to implement the Rights conferred by Article 14 and Article l9
were accepted as subordinate to the Directive
socialistic Directive Principles speci Principles specified in Article 39 (b) and (c).
fied in Article 39 (b) and (c)² shall
be void on the ground of contravention Further, Article 31 (right to property) was omit
ted by the 44th Amendment Act
(1978).
2°State of Madras vs. Champakam Dorairajan (1951 ). In the Minerva Mills case (1980), the
2Golak Nath vs. State of Punjab Supreme Court also held that 'the Indian Con
2Article 39 (b) (1967).
says: The State shall direct its policy stitution is founded on the bedrock of the bal
towards securing that the ownership and control ance between the Fundamental Rights and the
of the material resources of the
community Directive Principles. They together constitute
distributed as best to subserve the common are so the core of commitment to social
2BArticle 39 (c) says: The state shall direct its good. revolution.
They are like two wheels of a chariot, one no
towards securing that the operation of the policy
system does not result in the concentrationeconomic
of wealth
and means of production to the
common detriment. *Kesavananda Bharati vs. State of Kerala (1973).
Minerva Mills vs.Union of India (1980).
 Directive Principle Late Policy
Jessthan the other. To give absolute primacy to 115
one over the other is to disturb the harmony 3. The
Minimum
of the Constitution. This harmony and balance Payment of WagesWages
Act
Act (1948), the
(1936), the
the two is an essential feature
basic structure of the Constitution. The ofgoals
between
the
of Bonus Act
(1965), the ContractPayment
Regulation and Abolition Act Labour 3
set out by the Directive Principles have to be the Child Labour (1970),
achieved
without the
abrogation of the means Prohibition
Regulation Act (1986), the and e/

provided by the Fundanental Rights'. Labour System Abolition Act Bonded er

Trade Unions Act (1926), (1976), the

t/
Therefore, the present position is that
the
Fundamental Rights enjoy supremacy Act (1948), the Mines Actthe Factories
the pirective Principles. Yet, this does over
not (1952), the
Industrial Disputes Act (1947),
ct
rk
mean that the Directive Principles cannot be Workmen's Compensation Act (1923) the a

implemernted. The Parliament can amend the

and so on have been enacted to te

the interests of the protect in

Fundamental Rights for implementing the labour sections.
In 2006, the government
Directive Principles, so long as the amendment banned the
child labour. In 2016, the Child er

does not damage or destroy the basic structure Prohibition and Regulation Act Labour
of the Constitution. (1986) 1s
was renamed as the Child and Adolescent
Labour Prohibition and Regulation n

IMPLEMENTATION OF Act, 1986.

e
DIRECTIVE PRINCIPLEs 4. The Maternity Benefit Act (1961) and the
Equal Remuneration Act (1976) have
Since 1950, the succeSsive governments at the been made to protect the interests of
Centre and in the states have made several women workers.
laws and formulated various programmes for 5. Various measures have been taken to uti
implementing the Directive Principles. These lise the financial resources for promot
are mentioned below: ing the common good. These include
1. The Planning Commission was established nationalisation of life insurance (1956),
in 1950 to take up the development the nationalisation of fourteen leading
of the country in a planned manner. commercial banks (1969), nationalisa
The successive Five Year Plans aimed tion of general insurance (1971), aboli
at securing socio-economic justice and tion of Privy Purses (1971) and so on.
reducing inequalities of income, status 6. The LegalServices Authorities Act (1987)
has established a nation-wide network to
and opportunities. In 2015, the Planning provide free and competent legal aid to
Commission was replaced by a new body
the poor and to organise lok adalat for
called NITI Aayog (National Institution promoting equal justice. Lok adalat is a
for Transforming India). statutory forum for conciliatory settle
Z. Almost all the states have passed land ment of legal disputes. It has been given
reform laws to bring changes in the the status of a civil court. Its
awards are
agrarian society and to improve the enforceable, binding on the parties and
COnditions of the rural masses. These any court
final as no appeal lies before
measures include (a) abolition of inter against them.
Khadi
mediaries like zamindars, jagirdars, 7. Khadiand Village
Industries Board,
like Commission,
namdars, etc; (b) tenancy reforms and Village Industries National
Security of tenure, fair rents, etc; (C) Small-Scale Industries
Board,
holdings; Handloom
imposition of ceilings on land SmallIndustries Corporation,
among Board, Coir Board,
(d) distribution of surplus land Board, Handicrafts
have been set up
the landless labourers; and (e) COopera Silk Board and so on
tive farming.
 116 Indian Polity

have been enacted to protect the

for the development of cottage indus SCs ae
tries in rural areas. STs from social injustice and
8. The Community Development Programme
The 65th Constitutional exploitatitn
Amendme
(1952), Hill Area Development Pro Act of 1990 established the
gramme (1960), Drought-Prone Area Commission for Scheduled Nationa
Castes
Programme (1973), Minimum Needs Scheduled Tribes to protect the interestsand.t
Programme (1974), Integrated Rural SCs and STs. Later, the 89th
Development Programme (1978), Jawalhar Constitutionath:.
Amendment Act of 2003 bifurcated
Rozgar Yojana (1989), SwarnajayantiGram combined commission into two separat.
Swarozgar Yojana (1999), Sampoorna bodies, namely, National Commission fr
GrameenaRozgar Yojana (2001), National Schedule Castes and National Commissir
Rural Emplovment Guarantee Programnme for Schedule Tribes.
(2006) and so on have been launched for 12a. Various national-level commissin
raising the standard of living of people. have been established to promote and
9. The Wildlife (Protection) Act, 1972 and protect the social, educational and
the Forest (Conservation) Act, 1980, have economic interests of the weaker ser
been enacted to safeguard the wildlife tions of the society. These include the
and the forests respectively. Further, National Commission for Backward
the Water and Air Acts have provided Classes (1993), the National Commission
for the establishment of the Central for Minorities (1993), the National
and State Pollution Control Boards, Commission for Women (1992) and the
which are engaged in the protection National Commnission for Protection of
and improvement of environment. The Child Rights (2007). Further, the 102nd
National Forest Policy (1988) aims at the Amendment Act of 2018 conferred a
protection, conservation and develop constitutional status on the National
ment of forests. Commission for Backward Classes and
10. Agriculture has been modernised by pro also enlarged its functions.
viding improved agricultural inputs, 12b. In 2019, the central government issued
seeds, fertilisers and irrigation facilities. orders providing 10% reservation to the
Various steps have also been taken to Economically Weaker Sections (EWSS
organise animal husbandry on modern in admission to educational institu
and scientific lines.
tions and civil posts and services in
11. Three-tier panchayati raj system (at vil the Government of India. The benefit
lage, taluka and zila levels) has been of this reservation can be availed by
introduced to translate into reality the persons belonging to EWSs who are
Gandhiji's dream of every village being not covered under any of the existing
a republic. The 73rd Amendment Act
(1992) has been enacted to provide con
schemes of reservations for SCs, STs and
OBCs. This reservation was facilitared
stitutional status and protection to these by the 103rd Amendment Act of 2019.
panchayati raj institutions. 13. The Criminal Procedure Code (1973) sep
12. Seats are reserved for SCs, STs and other
weaker sections in educational institu arated the judiciary from the executive
tions, government services and repre in the public services of the state. Pri0!
to this separation, the district authorl
sentative bodies. The Untouchability
(Offences) Act, 1955, which was renamed ties like the collector. the sub-divisiona!
as the Protection of Civil Rights Act in 1976 officer, the tehsildar and so on used
andthe Scheduled Castes and Scheduled to exercise judicial powers along wit!
the traditional executiive powers. Ate
Tribes (Prevention of Atrocities) Act, 1989,
the separation, the judicial powels
 Directive Principle state Policy 117
from these executive
taken away
authorities and vested in the hands of
Were DIRECTIVES OUTSIDE PART IV
district
judicial magistrates who work Apart from the Directives included in Part
the direct control of the state IV, there are some other Directives contained
under
high court.
in other Parts of the Constitution. They are:
The
Ancient
and Historical Monument 1. Claims of SCs and STs to Services: The
14. and Archaeological Sites and Remains claims of the members of the Scheduled
(1951) has been enacted to protect Castes and the Scheduled Tribes shall be
Act
the monuments, places and objects of taken into consideration, consistently
national importance. with the maintenance of efficiency
Primary health centres and hospitals of administration, in the making of
15.
have been established throughout the appointments to services and posts in
country to improve the public health Connection with the affairs of the Union
Also, special programmes have been or a State (Article 335 in Part XVI).
launched to eradicate widespread dis 2. Instruction in mother tongue: It shall be
eases like malaria, TB, leprosy, AIDS, the endeavour of every state and every
cancer, filaria, kala-azar, guineaworm, local authority within the state to pro
yaws, Japanese encephalitis and so on. vide adequate facilities for instruction
16. Laws to prohibit the slaughter of cows, in the mother-tongue at the primary
calves, and bullocks have been enacted stage of education to children belonging
in some states. to linguistic minority groups (Article
17. Somestates have initiated the old age pen 350-A in Part XVI).
sion schemes for people above 65 years. 3. Development of the Hindi Language: It
18. India has been following the policy of shall be the duty of the Union to pro
non-alignment and panchsheel to pro mote the spread of the Hindi language
mote international peace and security. and to develop it so that it may serve as
In spite of the above steps by the Cen a medium of expression for all the ele
tral and state governments, the Directive ments of the composite culture of India
Principles have not been implemented fully (Article 351 in Part XVII).
and effectively due to several reasons like The above Directives are also non-jus
Inadequate financial resources, unfavour ticiable in nature. However, they are also
able socio-economic conditions, population given equal importance and attention by the
Cxplosion, strained Centre-state relations and judiciary on the ground that all parts of the
SO On. constitution must be read together.
Table 9.2 Articles Related to Directive Principles of State Policy at a Glance
Article No. Subject
Matter
36.
Definition of State
37.
APplication of the principles contained in this part
38.
State to secure a social order for the promotion of welfare of the people
Certain principles of policy to be followed by the State
39A
Equal justice and free legal aid
40.
Organisation of village panchayatS
41
Right to work, to education and to public assistance in certain cases
Article No. Subject Matter
42. Provision for just and humane conditions of work
and maternity relief
43. Living wAge, etC., for workers
43A Participation of workers in management of industries
43B Promotion of co-operative societies
44 Uniform civil code for the cltizens
45. Provision for early childhood care and
education to children below the age of
six years
46. Promotion of educational and economic
weaker sections interests of Scheduled Castes, Scheduled Tribes and oth
47 Duty of the State to raise the
level of nutrition and the
standard of living and to improve
48. Organisation of agriculture and animal public heah
husbandry
48A.
Protection and improvement of environment
and safeguarding of forests and
49. Protection of monuments and places and wildlife
objects of national importance
50.
Separation of judiciary from executive
51 Promotion of international peace and
security