Directive Principles of State Policy : Article 36- 40

Directive Principles of  State Policy : Article 36- 51

Under Part – 4 of the Indian Constitution (Articles 36 – 51) which explains the Directive Principles of State Policy i.e. the duties of the State. In this part we will go through some of the provisions i.e. Article 36 – 40, while we will see the remaining Articles 41 – 51 in the next article.

Ramosi And Moppila Rebellion - Farmer's Movement In British India

• These are not debatable.
• Its nature is positive.
• The policy-directive elements of the state have been called the ideal of Indian democracy.
• The policy-directive elements of the state have been taken from Ireland.
• It was prepared by the Sir Tej Bahadur Sapru Committee in the Indian Constitution and approved by the Constituent Assembly.
• The fundamental rights ( Article 12 - 35 ) described in the Indian Constitution have priority over the Directive Principles of State Policy. Except only the provisions related to economic and social justice (Article 39B and 39C).
• know your fundamental rights - 
• Fundamental Rights : Article 12 – 35
• Right to Freedom : Article 19 - 22
• Fundamental Rights : Article 23 – 31
• Right to Constitutional Remedies : Articles 32 – 35

• According to the Supreme Court, the Directive Principles of State Policy are the fundamental basis of the Constitution.
• Policy – Directive principles of the state are not litigable but if the state does not follow any directive principle and in such a situation any fundamental right is violated, then it will become litigable.
• According to Prof. K. T. Shah, "The policy-directive elements of the state are such a check, which is paid at the convenience of the bank."

Indian Classical Dance Form

Article – 36 : State and Policy – Definition of Directive Principles

State has been explained in this article, which means related to Part 3.

Article – 37 : Application of the Contained Elements

According to Article 37, Policy – Directive Principles are not debatable, that is, they are irreversible. It shall be the duty of the State to implement its provisions in making laws. State Policy – Directive Principles are the fundamental basis of the Constitution.

These elements cannot be enforced by any court, yet they are the basis of governance.

Article – 38 : Creating Social System For The Promotion of Public Welfare By The State

According to Article 38, the state has been given the responsibility of establishing and protecting a social system with social, economic and political justice for the promotion of public welfare. Along with this, the state has been instructed that it will try to reduce the inequality of income and prestige, facilities and opportunities.

Solar Eclipse And Lunar Eclipse 

Article – 39 : Policy Elements to be Followed By The State

Basically, this provision clarifies the social responsibility of the state. In this, the policies of the state are as follows –

• (a) All citizens, including men and women, shall have the right to an adequate means of livelihood.
• (b) The control and ownership of any community property or resource should be in such a way that the people of the community have a common interest.
• (c) There should be no harmful concentration of wealth and means of production for the general public.
• (d) Equal pay for equal work for both men and women. In Randhir Singh v. Union of India, the court made it clear that it is not a fundamental right, but a constitutional goal. If the state discriminates in this matter, the court can exercise its jurisdiction under Article 32 to enforce it.
• (e) The health and strength of workers, male or female, and the tender age of children should not be abused. Being constrained by economic necessity, citizens should not have to go to such employment, which is not according to their age or strength.
• (f) Children should be given opportunities and facilities for healthy development in a free and dignified environment. To protect children and young people from exploitation and from moral and economic abandonment.

Article – 39A : Equal Justice And Free Legal Aid

According to this, it will be the duty of the state to provide equal and free legal aid to all the citizens. No citizen should be deprived of the right to get justice due to economic or any other disability. It was added by the 42nd Constitutional Amendment Act 1976.

Article – 40 : Formation of Gram Panchayats

The state will constitute village panchayats and do necessary work to enable them to function as units of self-government. It gives concrete shape to the concept of Gram Swarajya of Mahatma Gandhi.

Divergence From Mendelism or Neomendelism