Directive Principles

What are the various Generations of

Human Rights?
• Human Rights post cold war were divided into First
Generation & Second Generation.
• Civil & Political Rights were called First Generation Rights.
• Socio-Economic & Cultural Rights were called Second
Generation Rights.
• This artificial classification damaged the Human Rights
movement.
• While the Western Liberal Democracies emphasised Civil
& Political Rights, Socialist Nations gave more importance
to the Socio-Economic Rights.
 What are the various Generations of
Rights?
• Accordingly liberal West gave liberty and did not bother much
about right to food and Socialist East provided food but denied civil
liberties.
• Right to Environment was subsequently termed as Third
Generation Right.
• After the end of cold war, United Nations' Human Rights conference
was held in Vienna in 1994 which resolved that all Human Rights
are universal, indivisible and inalienable.
• Tej Bahadur Sapru Committee(1945) had suggested that we should
have Justifiable & Non-Justifiable Rights.
• This distinction later on led to the inclusion of Civil & Political
Rights in the Fundamental Rights Chapter and Socio-Economic
Rights under Directive Principles.
 What are Directive Principles?

• If Fundamental Rights were borrowed from United States,

Directive Principles were taken from the Irish Constitution.
• Article 37 says that Directive Principles of Chapter IV of
Indian Constitution shall not be enforceable by any court.
• But the principles mentioned in Directive Principles are
nevertheless fundamental in the governance of the country.
• Moreover it shall be the duty of the State to apply these
principles in making laws.
• B. R. Ambedkar called Directive Principles as Novel Features
of our Constitution.
 What are Directive Principles?
• Article 36: Defines State as same as Article 12 unless the context otherwise
defines.
• Article 37: Application of the Principles contained in this part.
• Article 38: It authorizes the state to secure a social order for the promotion of
the welfare of people.
• Article 39: Certain principles of policies to be followed by the state.
• Article 39A: Equal justice and free legal aid.
• Article 40: Organization of village panchayats.
• Article 41: Right to work, to education and to public assistance in certain cases.
• Article 42: Provision for just and humane conditions of work and maternity
leaves.
• Article 43: Living wage etc. for workers.
 What are Directive Principles?
• Article 43-A: Participation of workers in management of industries.
Article 43-B: Promotion of cooperative societies.
Article 44: Uniform Civil Code for the citizens.
Article 45: Provision for early childhood care and education to children below the age of six years.
Article 46: Promotion of education and economic interests of SC, ST, and other weaker sections.
Article 47: Duty of the state to raise the level of nutrition and the standard of living and to improve
public health.
Article 48: Organization of agriculture and animal husbandry.
Article 48-A: Protection and improvement of environment and safeguarding of forests and wildlife.
Article 49: Protection of monuments and places and objects of national importance.
Article 50: Separation of judiciary from the executive.
Article 51: Promotion of international peace and security.

• We cannot discuss all the Directive Principles in this lecture and would try to understand the
essential message of Directive Principles.
• We have already discussed Directive Principles of Articles 46 in our lecture on Reservation and
Article 44 in the lecture on Freedom of Religion.

• It is clear that Directive Principles are based on Socialistic , Gandhian & Liberal principles.
 What is the significance of Directive
Principles?
• Articles 37 to 51 contain what are termed as the
obligations of the State.
• Dr. B.R. Ambedkar himself explained the idea of
Directive Principles. He Said:
• It is no use giving a fixed, rigid form to something which
is not rigid, which is fundamentally changing and must,
having regard to the circumstances and the times, keep
on changing it. It is, therefore, no use saying that
Directive Principles have no value. In my judgment, the
Directive Principles have a great value, for they lay down
our ideal is economic democracy.
 What is the significance of Directive
Principles?
• Preamble of the Constitution promises Justice, Social &
Economic and Directive Principles are the means to achieve
these ideals.
• While Fundamental Rights promote political Democracy,
Directive Principles are aimed at achieving Economic
Democracy.
• Ambedkar went on to say that ‘Because we did not want
merely a parliamentary form of government to be instituted
through the various mechanisms provided in the Constitution,
without any direction as to what our economic ideal or as to
what our social order ought to be, we deliberately included the
Directive Principles in our constitution.
Social Order for the promotion of welfare of
the People?
• Article 38(1) says 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
• Article 38(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.
What are Principles of Policy to be followed
by the State?
• Article 39 states certain important principles 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 of 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;
What are Principles of Policy to be followed
by the State?
• (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;
• (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.
• State of Bihar v. Kameshwar Singh (1952): Land Reforms were aimed at reducing
concentration of wealth and land in few hand.
• Keshavand Bhart Judgment(1973): Article 39 is the constitutional mandate of
how to develop a welfare state and an egalitarian society and how to achieve
dignity of the individual.
• Sanjeev Coke v. Bharat Cooking Coal Ltd.(1983): Supreme Court held that
‘material resources of the community’ include such resources in the hands of the
private persons and not only those which are vested in the State.
 What are provisions on conditions of Work
& Wages?

• Article 42 says State shall make provision for securing just and humane conditions of work and for
Maternity Relief.
• Following Laws try to achieve humane conditions of work:
• Factories Act
• Industrial Disputes Act
• Minimum Wages Act
• Workmen Compensation Act
• Employees Insurance Act
• Maternity Relief Act,1961. The 2017 amendment now gives 26 weeks maternity leave for the first
two pregnancies.
• Article 43 provides for Living Wages. There are three types of wages:
• Minimum Wages- Lowest wage to be paid-Sufficient just for the bare subsistence of workers
• Fair Wages- Sufficient for food, shelter, clothing, education of children.
• Living Wages- Sufficient for a decent standard of life and full enjoyment of leisure and social and
cultural opportunities
• In 2020, Central Government consolidated 44 Labor Laws and enacted 4 Labor Codes.
 What do Directive Principles say on Cow
Protection?

• In view of religious and cultural importance of cow in India, Muslim

members of the Constituent Assembly wanted cow protection provision to
be made a Fundamental Right.
• But Dr Ambedkar finally included it in the Directive Principle.
• Article 48 says that the State shall endeavor to organize 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.
• Most States have enacted laws that prohibit slaughter of cows which with
the recent amendments now provide heavy punishments.
 What do Directive Principles say on Cow
Protection?
• In Hanif Quraishi v.State of Bihar(1958), Supreme Court held that cow
slaughter on Bark-Idd is not an essential Islamic practice as Islam does not
mandatorily require Muslims to slaughter cows. The court made a
classification between useful and unproductive cattle.
• But in Mirzapur Moti Quraishi(2005), Supreme Court overruled this
classification. The interesting point in the Mirzapur case is that the court
rejected the argument that a total ban on animals of cows progeny does
affect the fundamental right to practice any profession, occupation, trade
or business on grounds that this ban is not in the nature of prohibition,
rather it is a mere ‘restriction’ for few days.

• Since Right to Privacy has now been recognized as Fundamental right and
culinary freedom is implicit in privacy, some provisions of Beef Laws may
come in conflict with right to privacy.
 What do Directive Principles say on Cow
Protection?

• In view of religious and cultural importance of cow in India, Muslim

members of the Constituent Assembly wanted cow protection provision to
be made a Fundamental Right.
• But Dr Ambedkar finally included it in the Directive Principle.
• Article 48 says that the State shall endeavor to organize 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.
• Most States have enacted laws that prohibit slaughter of cows which with
the recent amendments now provide heavy punishments.
 What do Directive Principles say on Cow
Protection?
• In Hanif Quraishi v.State of Bihar(1958), Supreme Court held that cow
slaughter on Bark-Idd is not an essential Islamic practice as Islam does not
mandatorily require Muslims to slaughter cows. The court made a
classification between useful and unproductive cattle.
• But in Mirzapur Moti Quraishi(2005), Supreme Court overruled this
classification. The interesting point in the Mirzapur case is that the court
rejected the argument that a total ban on animals of cows progeny does
affect the fundamental right to practice any profession, occupation, trade
or business on grounds that this ban is not in the nature of prohibition,
rather it is a mere ‘restriction’ for few days.

• Since Right to Privacy has now been recognized as Fundamental right and
culinary freedom is implicit in privacy, some provisions of Beef Laws may
come in conflict with right to privacy.
 What amendments have so far been made
to Directive Principles?
• 42nd Amendment inserted following new articles.
• Article 39A says that 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.
• Accordingly Legal Services Authorities Act was passed in 1987 which came into force in 1995.
• Article 43A made provision for the workers participation in the management of industries.
• Article 48A makes provision for the protection of environment and safeguarding of forests
and wild life. Subsequently Environment(Protection )Act,1986.
• 86th Amendment,2002 substituted Article 45 which originally provided for the free and
compulsory education for all children till 14 years of age. The new provision provides it to
until 6 years of age.
• But Article 21-A inserted by the 86th amendment has made free and compulsory education
between 6 to 14 years as Fundamental Right. Right to Education Act was passed in 2009.
 What Did we Learn today?
• Directive Principles are non-justiciable.
• These were borrowed from the Irish
Constitution.
• Directive Principles are the positive obligations
of the State.
• Next we would discuss Fundamental Duties,
relationship between Fundamental Rights,
Directive Principles & Fundamental Duties.
• Thanks and see you in the next lecture.
 Disclaimer
The views which have been expressed by the speaker in the lecture are his
personal views.