Part: 4 - DIRECTIVE PRINCIPLES OF STATE
POLICY
Article 36 - Definition
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
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
1[(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[(2) The State
shall, in particular, strive to minimize the inequalities in income, and endeavor
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.]
1. Article 38 renumbered as clause (1) thereof by the
Constitution (Forty-fourth Amendment) Act, 1978, section 9 (w.e.f. 20-6-1979).
Article 39
- Certain principles of policy to be followed by the State
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 to 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;
1[(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.]
1.
Substituted by the Constitution (Forty-second Amendment) Act, 1976, section 7,
for clause (f) (w.e.f. 3-1-1977).
Article 39A - Equal justice and free legal aid
1
[39A. Equal justice and free legal aid
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.]
Inserted
by the Constitution (Forty-second Amendment) Act, 1976, section 8 (w.e.f.
3-1-1977).
Article 40 - Organisation of village panchayats
The State shall take steps to organize 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
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
The State shall make provision for securing just and humane
conditions of work and for maternity relief.
Article 43
- Living wage, etc., for workers
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
1[43A.
Participation of workers in management of industries
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.]
1.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 9
(w.e.f. 3-1-1977).
Article 44 - Uniform civil code for the citizens
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
1[45.
Provision for free and compulsory education for children.--
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.]
1. Article 45 shall stand Substituted by Constitution
(Eighty Sixth Amendment) Act, 2002, s. 3 (which is yet not in force, date to be
notified later on) as --
"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."
Article 46 - Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
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
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
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
1
[48A. Protection and improvement of environment and safeguarding of forests and
wild life
The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.]
1.
Inserted by the Constitution (Forty-second Amendment) Act, 1976, section 10
(w.e.f. 3-1-1977).
Article 49 - Protection of monuments and places and objects of national importance
It shall be the obligation of the State to protect every
monument or place or object of artistic or historic interests,1[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.
1.
Substituted by the Constitution (Seventh Amendment) Act, 1956, section 27, for
"declared by Parliament by law".
Article 50
- Separation of judiciary from executive
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
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 organised peoples with one another; and
(d) encourage settlement of international disputes by
arbitration.
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