⚖️ Notes for Judiciary Exam Aspirants

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Topic:		DIRECTIVE    PRINCIPLES    OF    STATE    POLICY

Delhi Law Academy Jaipur presents below for aspirants of RJS, DJS, PCS(J) and other Judicial Services throughout India a short Note on the Directive    Principles    of    State    Policy.

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DIRECTIVE    PRINCIPLES    OF    STATE    POLICY

Article 36
•	In this Part
o	“State" has the same meaning as in Part III

Article 37
•	Provisions in this Part
o	shall not be enforced by any court
•	Principles laid down in this Part
o	are fundamental in governance of the country
•	It shall be the duty of State
o	to apply these principles in making laws

Article 38
•	State shall strive to promote welfare of people
o	by securing a social order in which
	justice, social, economic and political
	shall inform all institutions of national life
•	State shall strive
o	to minimise inequalities in income and
o	to eliminate inequalities in status, facilities and opportunities

Article 39
•	State shall direct its policy towards securing that
(a)
•	citizens, men and women equally,
o	have  right to an adequate means of livelihood
(b)
•	ownership and control of material resources of community are so distributed
o	as best to subserve the common good

(c)
•	operation of economic system does not result
o	in concentration of wealth and  means of production to common detriment
(d)
•	there is equal pay for equal work
o	for both men and women
Implementation of clause (d):
•	Equal Remuneration Act 1976
(e)
•	health and strength of workers and tender age of children are not abused
(f)
•	childhood and youth are protected against exploitation

Article 39A
•	State shall secure that
o	operation of legal system promotes justice
o	on a basis of equal opportunity
•	State shall provide free legal aid
o	to ensure that opportunities for securing justice are not denied to any citizen
o	by reason of economic or other disabilities
Note:
•	Article 39A was inserted by the 42nd Amendment Act 1976
Implementation:
•	Legal Services Authorities Act 1987

Article 40
•	State shall take steps
o	to organise village panchayats and
o	to endow them with powers and authority
	to enable them to function as units of self-government
Implementation:
•	73rd Amendment Act 1992

Article 41
•	State shall
o	within its economic capacity and development
•	make effective provision for securing
o	right to work
o	right to education
o	right to public assistance
	in cases of unemployment, old age, sickness, disablement, and undeserved want
Article 42
•	State shall make provision
o	for securing just and humane conditions of work and
o	for maternity relief
Implementation:
•	Maternity Benefit Act, 1961

Article 43
(1)
•	State shall endeavour to secure
o	to all workers agricultural, industrial or otherwise
	work
	a living wage
	a decent standard of life
	full enjoyment of leisure and social and cultural opportunities
Implementation:
•	Amendments to Minimum Wages Act 1948
•	Payment of Bonus Act 1965

(2)
•	State shall endeavour to promote cottage industries
o	on an individual or co-operative basis in rural areas
Implementation:
•	Khadi and Village Industries Commission Act 1956
•	Handloom Board
•	Silk Board

Article 43A
•	State shall take steps
o	to secure participation of workers
	in management of undertakings, establishments engaged in industry
Note:
•	Article 43A was inserted by the 42nd Amendment Act 1976

Article 43B
•	State shall endeavour to promote
o	voluntary formation, autonomous functioning, democratic control and professional management
o	of co-operative socities
Note:
•	Article 43B was inserted by the 97th Amendment Act 2012

Article 44
•	State shall endeavour
o	to secure for citizens a uniform civil code
	throughout the territory of India

Article 45
•	State shall endeavour
o	to provide early childhood care and education
o	for all children until they complete the age of six years

Article 46
•	State shall promote with special care
o	educational and economic interests of weaker sections
	in particular, of SCs and STs
•	State shall protect them
o	from social injustice and exploitation

Implementation:
•	65th Amendment Act 1990
•	89th Amendment Act 2003
•	National Commission for SCs
•	National Commission for STs
•	SCs and STs (Prevention of Atrocities) Act 1989

Article 47
•	State shall regard
o	raising of level of nutrition
o	raising of standard of living of people
o	improvement of public health
•	as its primary duties
•	State shall endeavour
o	to bring about prohibition of consumption
	except for medicinal purpose
o	of intoxicating drinks and drugs injurious to health

Article 48
•	State shall endeavour
o	to organise agriculture and animal husbandry
o	on modern and scientific lines
•	State shall take steps for
o	preserving and improving the breeds and
o	prohibiting slaughter
•	of cows and calves and other milch and draught cattle

Article 48A
•	State shall endeavour
o	to protect and improve environment and
o	to safeguard forests and wild life
Note:
•	Article 48A was inserted by the 42nd Amendment Act 1976

Implementation:
•	Wildlife(Protection) Act 1972
•	Forest (Conservation) Act 1980
•	Environment (Protection) Act 1986
•	Water (Prevention and Control of Pollution) Act 1974
•	Air (Prevention and Control of Pollution) Act 1981

Article 49
•	It shall be the obligation of State
o	to protect every monument or place or object
	of artistic or historic interest
	declared by Parliament to be of national importance
o	from spoliation, disfigurement, destruction, removal or export
Implementation:
•	Ancient and Historical Monuments and Archaeological Sites and Remains Act  1958

Article 50
•	State shall take steps
o	to separate judiciary from executive
o	in public services of State
Implementation:
•	Criminal Procedure Code 1973
o	Judicial powers have been taken away from executive authorities like Collector, Tehsildar

Article 51
•	State shall endeavour
o	to promote international peace and security
o	to maintain just and honourable relations between nations
o	to foster respect for international law and treaty obligations
o	to encourage settlement of international disputes by arbitration

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SCOPE  OF  DIRECTIVE  PRINCIPLES
•	Minerva Mills     v.     Union of India     [1980  SC]

Decision
•	‘Harmony and balance 
o	between the Fundamental Rights and the Directive Principles
o	is an essential feature of the basic structure of the Constitution

•	They together constitute
o	the core of commitment to social revolution

•	The Constitution is founded
o	on the bedrock of the balance between the two’

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