DIRECTIVE PRINCIPLES OF

STATE POLICY AND GOALS

REACHED
 DIRECTIVE PRINCIPLES-A
BRIEF
Part IV(Article 36-51) of the Constitution contains the directive principles of
state policy. The principles reflect a unique mixture of humanitarian,
socialist percepts, Gandhian ideals and democratic socialism. Though non-
justiciable, they constitute the fundamental principles of governance. These
directives are in nature of directions to the legislative and executive wings
of government to be observed while formulating laws and policies. Most of
them aim at the establishment of economic and social democracy which is
pledged for in the preamble. Our Constitution aims at bringing a synthesis
between fundamental rights and directive principles by giving the former a
pride of place and the later a place of permanence together, not
individually, they form the case and conscience of constitution.
The Philosophy of Directive Principles has been taken from the Constitution
of Ireland. Dr. Ambedkar described the Directive Principles as the
"instrument of instructions." Articles 38, 39, 41, 42, 43 and 45 are based on
the socialistic ideas. Articles
39 (a), 43 (a), 48 (a) have been inserted by the 42nd Amendment to
accentuate the socialistic bias of the Constitution.
 HISTORY OF DIRECTIVE PRINCIPLES
OF STATE POLICY
The concept of the directive principles has been borrowed by
our founding fathers from the Irish Constitution. The
Constitution Fathers were Inspired by the Irish Nationalist
Movement. The Directive principles were also influenced by the
United Nations Universal Declaration of Human Rights.
 When India obtained independence on 15 August 1947, the task of
developing a constitution for the nation was undertaken by theConstituent
Assembly of India composing of elected representatives under the
presidency ofDr. Rajendra Prasad While members of Congress composed of
a large majority, Congress leaders appointed persons from diverse political
backgrounds to responsibilities of developing the constitution and national
laws.[6]Notably,Bhimrao Ramji Ambedkarbecame the chairperson of the
drafting committee, whileJawaharlal NehruandSardar Vallabhbhai
Patelbecame chairperson of committees and sub-committees responsible
for different subjects. A notable development during that period having
significant effect on the Indian constitution took place on 10 December
1948 when theUnited NationsGeneral Assemblyadopted theUniversal
Declaration of Human Rightsand called upon all member States to adopt
these rights in their respective constitutions Both the Fundamental Rights
and the DirectivePrinciples of State Policy were included in the I Draft
Constitution (February 1948), the II Draft Constitution (17 October 1948)
and the III and final Draft Constitution (26 November 1949), prepared by
theDrafting Committee.
 ARTICLE 39A
ARTICLE 39A
The State shall secure that the operation of the legal system promote 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.

GOALS REACHED
The NALSA was enacted by the Parliament of India in 1995 to set up a nationwide
network to provide free and efficient Legal services to the Backward Sects of the
society on the grounds of equal opportunity. NALSA was constituted under the Legal
services Authorities Act 1987.
Also to Provide Free Legal sevices throughout the nation A State Legal Services
Authority has been set up in every state and A High Court Legal services committee
has been set up in every high court.. District Legal Services Authorities and Taluka
Legal Services Committee has been set up in Districts and Talukas in order to give way
for the policies of the NALASA. Supreme court Legal services committee has been set
up to administer and implement the Legal Services Programmes.
 ARTICLE 39D
Article 39(d) of the constitution declares that state shall direct
its policy towards securing that there is equal pay for equal
work for both men and women. The court further said that
continuing articles 14 and 16 in the light of preamble and
article 39(d), the principal of equal pay for equal work is
deducible from those articles and any be properly applied to
cases of unequal scales of pay based on no classification or
irrational classification though, those drawing the different
scales of pay do identical work under the same employer. In
the present case the supreme court has held that the equal
pay for equal work though not a fundamental right, is certainly
a constitutional goal and therefore capable of enforcement
through constitutional remedies under article 32 of the
constitution.
ARTICLE 40
Organisation of village panchayats
Organisation of village panchayats.- The State shall take steps to organise
village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of self-government.
Village Panchayats are generally supervised by Zilla Parishad. The State
Governments have direct control over the Gram Panchayats.
where the collector of the district is termed to be superior. There was a need to
keep in check the corrupt elements in the system, and for the village
panchayats to be more effective and reach the masses, Part IX , consisting of
Article 243 was inserted by the constitution(73 rd Amendment) Act 1992.
The Indian Government has decentralized several of its functions to the third
tier of the government(Panchayats).
In the history of Panchayati Raj in India, on 24 April 1993 The constitutional ct
1992 came into force to provide constitutional status to the Panchayati Raj
Institutions. However, This Act was Extended to the tribal areas of Eight states.
ARTICLE 41
Article 41 directs the State to 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.
MNREGA is a job guarantee scheme, enacted by legislation on 25
August, 2005.
The scheme provides a legal guarantee for one hundred days Of
employment in every financial year to adult members of any rural
household willing to do public work-related unskilled manual work at
the statutory minimum wage of Rs.100 per day. The Central
Government outlay for the scheme was Rs. 39,100 crore ($8 billion)
in FY 2009-10. This act was introduced with an aim of improving the
purchasing power of the rural people, by providing semi or un-skilled
work to people living in rural India, whether or not they are below
the poverty line.
Article 42
Provision for just and humane conditions of work and maternity relief

The women in India are unaware of their rights under the Article 42 of thE
Indian Constitution. The Act states the provision for two nursing breaks for every
Nursing Mother until the child is 15 Months of age. Every woman must defend her
right to nursing breaks and other breaks and see that employers follow the law
protecting breastfeeding mothers and children.
Labour policies that recognize the role of breastfeeding represent an
investment in the lifelong health of every individual.
MATERNITYBENEFIT ACT, 1961

11. Nursing breaks

Every woman delivered of a child who returns to duty after such delivery shall, in
addition to the interval for rest allowed to her, be allowed in the course of her
daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.

 Article 43A
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 organisation engaged in any
industry. provision mentioned in this part is not enforceable by Court.
The number of trade unions in India has increased considerably.
But this has been followed by the declining membership per
union. The average number of members per union was about
3,500 in 1927-28. It reduced to about 1,400 in 1946
47 and again to as low as a figure of 675 in 1985-86 and 659 in
2000-01.during 1964-65, 70% of the unions submitting returns
belonged to the group having a membership below 300.
More then 75 percent of the trade unions submitting returns in
2000 01 have less than 500 members
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.

The first step to achieve Uniform Civil code is the Registration of

Marriages irrespective of the religion.
A two bench of Supreme Court Comprising of Justice ArijitPasayat and S
H Kapadia have directed the state and central Governments to amend
the law. The Honorable court has also mentioned the Consequences in
failing to register the Marriages. The court felt the need for the ruling
because time and again Unscrupulous Husbands deny marriages
putting their wives in condition of mental agony in cases like
maintenance, custody of children. The ruling of the court has put the
problems of non registration of marriages to an end by applying
Common civil code.