Part IV of the Indian Constitution deals with Directive Principles of State Policy (DPSP). These principles are a set of guidelines and recommendations for the government to follow while formulating policies and making laws. Unlike fundamental rights, which are justiciable and enforceable by courts, DPSPs are not directly enforceable in a court of law. However, they serve as a moral and ethical compass for the government to strive towards creating an equitable and just society.
DPSPs are enshrined in Articles 36 to 51 of the Constitution. They cover a wide range of topics, from social and economic justice to international relations. Part IV outlines the socio-economic objectives that the state should aim to achieve in order to promote the welfare of the people and establish a just society.
Some key provisions and principles in Part IV of the Indian Constitution include:
1. **Promotion of Welfare**: 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 institutions of the national life (Article 38).
2. **Distributive Justice**: The state shall strive to minimize inequalities in income, and endeavor to eliminate inequalities in status, facilities, and opportunities (Article 39).
3. **Right to Work and Education**: 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 41).
4. **Promotion of Cottage Industries**: The state shall promote cottage industries on an individual or cooperative basis in rural areas to ensure full employment and decent livelihoods (Article 43).
5. **Living Wage and Working Conditions**: The state shall endeavor to secure, by suitable legislation or economic organization, to all workers, agricultural, industrial or otherwise, work and a living wage, conditions of work ensuring a decent standard of life, and full involvement in the management of industries (Article 43A).
6. **Protection of Environment and Wildlife**: The state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country (Article 48A).
7. **Promotion of Educational and Economic Interests of Scheduled Castes, Scheduled Tribes, and Other Weaker Sections**: The state shall promote the educational and economic interests of the weaker sections of the people, especially the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation (Article 46).
8. **Separation of Judiciary from Executive**: The state shall take steps to separate the judiciary from the executive in the public services of the state to ensure independence of the judiciary (Article 50).
It's important to note that DPSPs are not legally enforceable, but they guide the government's actions and policies. Over the years, courts have interpreted certain DPSPs as reflective of the basic structure of the Constitution and have used them as interpretative aids while deciding cases related to fundamental rights and other constitutional matters.
The interplay between Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) is an essential feature of the Indian Constitution, reflecting the balance between individual rights and the collective good of the society. The ultimate goal of DPSPs is to build a just, equitable, and inclusive society for all citizens of India.
Sure, here is a description of each article within Part IV of the Indian Constitution, which covers Directive Principles of State Policy:
Article 36:
Definition: This article defines the term "State" for the purpose of Part IV of the Constitution, which includes the government and Parliament of India, the government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.
Article 37:
Application of the Principles Contained in this Part: This article states that the provisions in Part IV, which contain Directive Principles of State Policy, are not enforceable by any court, but they are fundamental in the governance of the country, and it is 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: This article emphasizes that the State shall strive to promote the welfare of the people by securing a social order in which justice – social, economic, and political – shall inform all institutions of national life.
Article 39:
Certain Principles of Policy to be Followed by the State: Article 39 contains several principles for the State to follow, including securing equal justice and opportunities, minimizing inequalities in income and status, ensuring a just and humane work environment, and protecting children from exploitation.
Article 39A:
Equal Justice and Free Legal Aid: This article adds to Article 39 by stating that the State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity and shall provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Article 40:
Organisation of Village Panchayats: This article directs the State to take steps to organize village panchayats and endow them with necessary powers and authority 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 provisions for securing just and humane conditions of work and for maternity relief.
Article 43:
Living Wage, etc., for Workers: The State shall endeavor to secure, by suitable legislation or economic organization, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life, and full involvement in the management of industries.
Article 43A:
Participation of Workers in Management of Industries: The State shall take steps, by law, to secure the participation of workers in the management of undertakings, establishments, or other organizations engaged in any industry.
Article 44:
Uniform Civil Code for the Citizens: The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
Article 45:
Provision for Free and Compulsory Education for Children: The State shall endeavor to provide within a period of ten years from the commencement of the 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: 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 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.
Article 48:
Organisation of Agriculture and Animal Husbandry: The State shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shall 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 Wildlife: The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
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 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.
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 endeavor to promote international peace and security, maintain just and honorable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration.
These articles collectively provide a roadmap for the State to promote social, economic, and political welfare, justice, and development for the citizens of India. While not directly enforceable, these principles guide the government's actions and policies in building a just and equitable society.