Overview (Art. 36–51)
- Borrowed from Ireland → source of DPSP
- Use → check constitutional validity of laws
- Non-justiciable → cannot be enforced by courts
- Nature → guidelines for governance
Important Statements
- “Novel feature of Constitution” → B.R. Ambedkar
- “Conscience of Constitution” → Granville Austin
- “Quasi-federal” → K.C. Wheare
- “Cheque payable at convenience of bank” → K.T. Shah
👉 Shows DPSP are important but not legally enforceable
Article 36 – Definition of State
- Same as Part III (Art. 12)
👉 Defines scope of DPSP application
Article 37 – Nature of DPSP
- Not enforceable by any court
- Non-justiciable
👉 Moral obligation on State
Article 38 – Welfare State
- Promote welfare of people
- Reduce inequalities (income, status, opportunities)
- Added provision by 44th Amendment (1978)
Article 39 – Principles of Policy
- 39(a) → Adequate means of livelihood
- 39(b) → Equal distribution of resources
- 39(c) → Prevent concentration of wealth
- 39(d) → Equal pay for equal work
- 39(e) → Protect health & strength of workers
- 39(f) → Child development (42nd Amendment, 1976)
Article 39A – Free Legal Aid
- Provide free legal aid to poor
- Ensure justice for all
- Added by 42nd Amendment (1976)
Article 40 – Panchayati Raj
- Organize village panchayats
- Give powers & authority
Article 41 – Social Security
- Right to work, education, public assistance
- In cases of:
- Unemployment
- Old age
- Sickness
- Disablement
Article 42 – Work Conditions
- Ensure humane working conditions
- Provide maternity relief
Article 43 – Living Wage
- Ensure:
- Living wage
- Decent standard of living
- Social & cultural opportunities
- Promote cottage industries
Article 43A – Workers Participation
- Workers participation in industry management
- Added by 42nd Amendment (1976)
Article 43B – Cooperative Societies
- Promote:
- Voluntary formation
- Autonomous functioning
- Professional management
- Added by 97th Amendment (2011)
Article 44 – Uniform Civil Code
- Aim for uniform civil code across India
Article 45 – Education for Children
- Early care & education for children
- Free & compulsory education up to 14 years
- Added/modified by 86th Amendment
Article 46 – Weaker Sections
- Promote interests of:
- SCs
- STs
- Weaker sections
Article 47 – Nutrition & Health
- Improve:
- Nutrition level
- Standard of living
- Prohibit intoxicating drinks & drugs (except medicinal use)
Article 48 – Agriculture & Animal Husbandry
- Promote modern agriculture
- Ban slaughter of:
- Cows
- Calves
- Milch & draught cattle
Article 48A – Environment
- Protect:
- Environment
- Forests
- Wildlife
- Added by 42nd Amendment (1976)
Article 49 – Monuments Protection
- Protect historical & artistic monuments
Article 50 – Separation of Powers
- Separate:
- Judiciary
- Executive
Article 51 – International Peace
- Promote:
- International peace & security
- Friendly relations between nations
Memory Tricks 🧠
- 36–37 → Base & Nature (State + Non-justiciable)
- 38–39 → Welfare + Economic Justice
- 40–43 → Panchayat → Worker → Wage
- 44–46 → UCC → Education → SC/ST
- 47–48A → Health → Cow → Environment
- 49–51 → Monument → Judiciary → World Peace