4Part IV (A:36-51): Directive Principles of State Policy
· Article 36 :
Definition
36. In this
Part, unless the context otherwise requires, "the State" has the same
meaning as in Part III.
· Article 37 :
Application of the principles contained in this Part
37. The
provisions contained in this Part shall not be enforceable by any court, but
the principles therein laid down are nevertheless fundamental in the governance
of the country and it shall be the duty of the State to apply these principles
in making laws.
· Article 38 :
State to secure a social order for the promotion of welfare of the people
38. [(1)]* The
State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
[(2) The State shall, in particular, strive to minimise the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people
residing in different areas or engaged in different vocations.]**
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* Art. 38 renumbered as cl. (1) thereof by the Constitution (Forty-fourth
Amendment) Act, 1978, s. 9 (w.e.f. 20-6-1979)
** Ins. by s. 9, ibid. (w.e.f 20-6-1979)
· Article 39 :
Certain principles of policy to be followed by the State
39. The State
shall, in particular, direct its policy towards securing-
(a) that the citizens, men and women equally, have the right to an adequate
means of livelihood;
(b) that the ownership and control of the material resources of the community
are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration
of wealth and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age
of children are not abused and that citizens are not forced by economic
necessity to enter avocations unsuited to their age or strength;
[(f) that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment.]*
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* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl.
(f) (w.e.f. 3-1-1977)
· Article 39A :
Equal justice and free legal aid
[39A. The State
shall secure that the operation of the legal system promotes justice, on a
basis of equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.]*
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* Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl.
(f) (w.e.f. 3-1-1977)
· Article 40 :
Organisation of village panchayats
40. The State
shall take steps to organise village panchayats and endow them with such powers
and authority as may be necessary to enable them to function as units of
self-government.
· Article 41 :
Right to work, to education and to public assistance in certain cases
41. The State
shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
· Article 42 :
Provision for just and humane conditions of work and maternity relief
42. The State
shall make provision for securing just and humane conditions of work and for
maternity relief.
· Article 43 :
Living wage, etc., for workers
43. The State
shall endeavour to secure, by suitable legislation or economic organisation or
in any other way, to all workers, agricultural, industrial or otherwise, work,
a living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in particular,
the State shall endeavour to promote cottage industries on an individual or
co-operative basis in rural areas.
· Article 43A :
Participation of workers in management of industries
[43A. The State
shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or
other organisations engaged in any industry.]*
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* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f.
3-1-1977)
· Article 43B :
Promotion of co-operative societies
[43B. The State
shall endeavour to promote voluntary formation, autonomous functioning,
democratic control and professional managementof co-operative societies]*
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* Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3
· Article 44 :
Uniform civil code for the citizens
44. The State
shall endeavour to secure for the citizens a uniform civil code throughout the
territory of India.
· Article 45 :
Provision for free and compulsory education for children
[45. Provision
for early childhood care and education to children below the age of six years.
-The State shall endeavour to provide early childhood care and education for
all children until they complete the age of six years]*
[]*
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* Art. 45 shall stand substituted by the Constitution (Eighty-sixth Amendment)
Act, 2002, s. 3 (w.e.f 1 April, 2010) which earlier read as
"45. The State shall endeavour to provide, within a period of ten years
from the commencement of this Constitution, for free and compulsory education
for all children until they complete the age of fourteen years."
· Article 46 :
Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections
46. The State
shall promote with special care the educational and economic interests of the
weaker sections of the people, and, in particular, of the Scheduled Castes and
the Scheduled Tribes, and shall protect them from social injustice and all
forms of exploitation.
· Article 47 :
Duty of the State to raise the level of nutrition and the standard of living
and to improve public health
47. The State
shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties
and, in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs
which are injurious to health.
· Article 48 :
Organisation of agriculture and animal husbandry
48. The State
shall endeavour to organise agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and
improving the breeds, and prohibiting the slaughter, of cows and calves and
other milch and draught cattle.
· Article 48A :
Protection and improvement of environment and safeguarding of forests and wild
life
[48A. The State
shall endeavour to protect and improve the environment and to safeguard the
forests and wild life of the country.]*
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* Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10
(w.e.f.3-1-1977)
· Article 49 :
Protection of monuments and places and objects of national importance
49. It shall be
the obligation of the State to protect every monument or place or object of
artistic or historic interest, [declared by or under law made by Parliament]*
to be of national importance, from spoliation, disfigurement, destruction,
removal, disposal or export, as the case may be.
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* Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for
"declared by Parliament by law"
· Article 50 :
Separation of judiciary from executive
50. The State
shall take steps to separate the judiciary from the executive in the public
services of the State.
· Article 51 :
Promotion of international peace and security
51. The State
shall endeavour to-
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings
of organized peoples with one another; and
(d) encourage settlement of international disputes by arbitration.