We were always taught in our childhood that there are two sides of a coin and we should be

pragmatic enough to refer to both the sides, examine them and then take an informed
decision, but as human tendency goes, we always look at the side that is favoring us or is
beneficiary for us and we negate the other half. But in contrast to that, what Professor Satish
Saberwal, has shrewdly observed and pointed out that in all appraisals to the constitution, the
tumbler which here in is the constitution can be seen as half full, here in would be the
positives of it or as half empty, which would predominantly be the negatives or the things
that the constitution wanted to achieve but in reality, could not reach that bar. This is a very
sharp and a unique observation made as when we look at the critiques of the constitution,
they are always limited to the point of the constitution being very lengthy and hard to
understand or the point of lacking the originality or the relevance in our society. This
observation makes us reach the depths of the constitution and in the minds of the constitution
makers and then analyze the statement he had given in his book, which not only dwells us
deep in thought but also come out with a more refined outlook about each article or schedule,
right, duties or directive principles. The eminent members of the constituent assembly were
all socialists and envisioned India as a welfare state, which adhered to the needs of the
common masses, Pt. Nehru and B.R Ambedkar always quoted along the lines of India being a
country which treats everyone justly and fairly and no person should be deprived of social
equality on any basis, be it caste, race, sex income inequality etc. More often than not the
constitution is referred to as a social document rather than a set of rules or guidelines. The
constitution embodied the ideas of fostering a social revolution by bringing in fundamental
rights and directive principles of state policy in part III and IV respectively. These two parts
form the core setup in the pursuit of reaching the pinnacle in the aforementioned social
revolution, looking at both the parts carefully, we can easily pinpoint how part IV, i.e.,
directive principles of state policy give and lays more impetus on the idea of social revolution
because of its nature, which is positive from the get go and their long term aim is to eradicate
all the inequalities created by the unequal division of wealth which had made the saying of
rich getting richer and the poor getting poorer all the more relevant.

Herein, we would be dwelling into the intricacies of a set of directive principles of state
policy which will be section 38, section 39, section 39A. Section 38 of the Indian constitution
says that the state has to secure a social order for the promotion of welfare of the people. This
section has given the state the duty to strike out the gap created in the society by bringing in a
social order. The state shall also work in the direction of abridging the inequalities created
because of factor such as income, which has not only created a gap between individuals but
also the gap has been created among different groups which has made the inequalities reach a
much higher level and communities have grown distant to each other because of this.
Previously, it used to happen to communities working in different vocations but there have
been examples which have evidently pointed out that this can happen to different
communities working in similar vocations too. One such example would be, after the green
revolution in which farmers were given and provided modern technology by the government
at nominal prices, farmers in states like Punjab, Haryana, Uttar Pradesh and parts of
Rajasthan benefitted much more than the farmers residing the other parts of the country,
which in turn proves the point of how one community gained more from this and obviously
the increase in profits created a monetary gap between communities. Section 38 envisaged a
certain way in which the country would pan out and had provisions which would enable the
fulfillment of their vision. The clause i) of the section tries to incorporate all the ideals of the
preamble which concern equality of ideals that were of justice, social, economic and political.
The clause has always laid impetus on the constitution’s vision of the society and has been
time and again brought up to implement the ideal of social welfare in the state. Whereas the
second clause of the article which was not there from the beginning and was added by the 44th
Amendment Act of 1978, focuses more on cutting down inequalities from the community
level which is in coherence to the vision of social equality, as for example if communities are
brought to a similar financial or monetary level the difference rising between communities
within the society would eventually diminish.

If section 38 was put in the constitution to ensure a social order, the purpose of section 39
from the first view is to ensure that the vision of preceding is duly completed and is not left
hanging without any policies backing up for it. Section 39 basically expects the state to keep
in mind certain basic things while making or amending any policy for the citizens. The
section has laid down six imperative ideals to be followed so that the vision envisaged is
fulfilled. The first point talks about gender equality in the country which is an imperative
outlook in today’s world scenario for establishing a social revolution. Society has now
realized and started to adhere to the issues which have been prevalent in the country since
time immemorial. Equal pay is one of those basic issues which in the first place should never
been an issue, but because of unfair circumstances created and a patriarchal society, woman
have been treated unfairly. The constitution had given a policy which would secure that the
citizens, men and women have the right to an adequate means to livelihood equally. This
policy has sub-part mentioned again in part 4 of Section 39 which directly talks about equal
pay for all genders and these two parts (1 and 4) of section 39 try to bring in a social
revolution which normalizes these basic needs and problems. The part 4 of the section also
derives its roots from article 14 and 16 of the Indian constitution and all the reasonable
classification are mentioned in those provisions cannot be negated under section 39(d) either.
Although the part of equal pay has certain valid and reasonable conditions which are that
workers under different setups and establishment cannot expect or demand for parity or
equality in their payments, also if there is a difference in income levels of some employees
because of their educational qualifications then that is also allowed. This policy brings in the
ideal of establishing a social and economic democracy in the country which was one of the
main reasons why the directive principles of state policy were borrowed from the constitution
of Ireland. These policies also uphold the term Dr. B.R Ambedkar called these principles
which was ‘novel features.’ The second part of section 39 talks about how ownership and
control(stakes) of material resources should be distributed and given out so that no one
individual or a single community benefit from it unfairly. This policy probably envisioned
that later in future decades a time would come where a concept like crony capitalism would
emerge and the economic welfare would take a hit, this policy ensures and instructs the
government to not only use their powers judiciously but also restricts them of taking unfair
advantages which in turn would benefit one single community or individual. The succeeding
part of the section also has similar outlook and motive, which is that the concentration of
wealth, resources and the means of production should not be under one single Ownership.
This point also lays more impetus on how everyone should get equal opportunities and that
the division of resources should be fair if not equal. This promotes fair and just treatment
which in the hindsight is in coherence to the ideals of social and economic justice. This also
upholds the vision of building of a welfare society and an egalitarian social order. The
penultimate and the last part of this section are again in sets as they have similar motives for
the establishment of the aforementioned welfare society.

Section 39(e) of the constitution talks about the health and well-being of the workers (man,
woman and children) at their respective workplaces. The part also talks about how the
constitution wants to safeguard children from being forced to work in demeaning condition
which can also be hazardous from them. This protects them from being abused and their
rights being violated. The final part of section 39 was instituted by the 42nd Amendment act of
1976, which is also called the mini constitution amendment act, which professed that every
child should be provided and facilitated with equal opportunities which upholds their freedom
of dignity and their childhood is also protected against exploitation of any kind. In
summarizing the whole section tries to build a bubble around the citizens of welfare and
equality so that the citizens do not feel undone of any of their rights and are provided all the
things in enabling them to be thinking that the state is now a welfare state for them.
Moreover, this article tries to make the state realize that it has to ensure its people adequate
means of livelihood, equal pay for all genders, equal opportunities to every citizen, not to
allow culmination of wealth and resources in one single community or individual and lastly
protection of children and labour from exploitation of any kind. The constituent assembly
desired that each citizen should have his/her dignity as an individual and if that is established
then and only then the welfare state would be created.

The final section in this set of directive principles of state policy which uphold the idea of
welfare state is the section of 39-A, which tries to ensure, Equal Justice and Free Legal
Aid. This is one of the most integral part of the socialistic principles which contemplates the
ideals of socialism to its purest form. This section caters the need of each and every
individual who wants legal or judicial representation. Free Legal Aid (Article 39A of the
Constitution) is giving help to individuals who cannot manage the cost of lawful portrayal
and admittance to the court framework. Its assurances to give equivalent admittance to the
equity framework to people who are not in monetary sound condition, by giving lawful and
expert help liberated from cost or at lower expenses. There has been a certain section of
people who have been given the leverage of availing this provision. The people who are
eligible are Women and children, Members of SC/ST, Industrial workmen, Victims of a mass
disaster, violence, flood, drought, earthquake, industrial disaster, Disabled persons, Persons
in custody Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court
Legal Services Committee the limit is Rs. 1,25,000/-), Victims of Human trafficking and
beggar. For the on ground application of this section Lok Adalat were setup and given
statutory status in 1987 under the Legal services Authorities Act, 1987. By righteousness of
article 39A of the Indian Constitution, the States are coordinated to give free lawful guide to
the more fragile and more unfortunate areas of the general public. Articles 14 and 22(1) of
the Constitution additionally make it required for the State to guarantee uniformity under the
steady gaze of the law and an overall set of laws which advances equity based on equivalent
freedom to all. Indeed, even in the procedural law of our country, the arrangements of lawful
guide have been set down under segment 304 of CRPC which expresses that if the denounced
doesn't have adequate intends to draw in an attorney, the court should give one to the guard
of the blamed to the detriment for the State. The privilege to rapid preliminary and free
legitimate legal aid have been perceived as being essential for the Right to Life and Personal
Liberty under Article 21 of the Indian Constitution.

The judiciary has also played a pivotal role in backing up the state’s idea of free legal aid and
delivering justice to the common man and has heard the need of the economically deprived
sections. The constitution has also vested a lot of trust and power into the hand of the
judiciary to safeguard and protect the rights of the citizens. By the Act of 1987, a change was
made to diminish and minimise the responsibility of the courts by setting up of Lok Adalat as
an elective question goal framework and which was invited by the Indian Judiciary. The
Directive Principles of State Policy, exemplified in Part IV of the Constitution, are headings
given to the State to manage the foundation of a financial and social majority rules system, as
proposed by the Preamble. They put forward the compassionate and communist guidelines
that were the point of social upset conceived in India by the Constituent Assembly. The State
is required to keep these standards as a primary concern while outlining laws and
arrangements, despite the fact that they are non-justiciable in nature. The Directive Principles
might be characterized under the accompanying classes: beliefs that the State should
endeavour towards accomplishing; headings for the activity of authoritative and leader force;
and privileges of the residents which the State should point towards getting and achieving.
Although it is very well established that the directive principles are non-justiciable in nature
and cannot be enforceable but their traits and properties have to be properly utilised while
making new laws and also to stand fully on the vision of bringing in the social revolution in
the country which establishes the state as a welfare state. They work in coherence with
fundamental rights and have been pivotal in implementing new laws with the change in
culture and society, they have kept themselves from getting outdated and even with the new
modifications they have not lost touch with either the basic structure doctrine or the basic
ideals set in the constitution. As aforementioned about the powers of the judiciary in the
times incoming we could see a number of directive principles being implemented and coming
into the justiciable and enforceable corner. The discussion above throws a light on how and
why these policies are imperative for the ideals to be intact and also are the most vital in
keeping the revolution around societal parameter going.
REFERENCES:

1) V.N Shukla—constitution of India 10th Edtn, Easter Book Company.

2) D.R.Saxena—Law, Justice and social change, Deep and Deep Publications

3) http://www.judicial.gov.gh/constitution/chapter/chap_6.htm

4) Prof. Narendra Kumar—constitutional law of India, 5th Edtn 2007 Allahabad law
Agency