Directive Principles of Our State Policy: Part IV (Articles 36-51) of our

constitution deals with directive principles of state policy. It includes

implementation of the uniform civil code, abolition of untouchability

and prohibition of its practice in any form and removal of legal

disabilities on the women etc.

What are Directive

Principles of Our State
Policy?
Article 36-51 of our constitution says:

“The Directive Principles of State Policy set out in Part IV of the

Constitution shall be full and independent principles of State Policy

which shall be recognized and observed by the State and which

shall form the basic policy of the Government in all matters.”

In other words, Article 36-51 gives directives to all the state

departments, viz. Executive, Legislature and Judiciary to observe

these principles while working with respect to different fields.

Objective of Directive
Principles of Our State
Policy:
Directive Principles of Our State Policy ensures the fundamental

rights and prevents violation of the same. They are almost like a
kind of legal leash which can be used to check any tendency to

implement them in a few things, but at the same time never

creating trouble in areas where right has not been violated. The

Directive Principles are ‘in a way’ considered as educational tools

and hence they do not have too much of a strict legal value.

However, they play a significant role in the making of the policy in

India.

Otherwise, these principles, if violated, would lead to constitutional

crisis or any kind of major trouble against violation by state

authorities. These principles mainly deal with the following things:

List of Directive
Principles of State
Policy
Article 36- Defines the “state”.

Article 37-Part IV of the Indian Constitution shall not be enforceable

in any court of law.

Article 38-Social, Political and Economic Justice.

Article 39-Principles of Policy.

Article 39A-Free Legal aid.

Article 40-Organization of Panchayats.

Article 41-Welfare Government.

Article 42-Securing just and humane work and maternity relief.

Article 43-Fair wages and a decent standard of life.

Article 43-A-Workers’ participation in management.

Article 43-B-Promotion of Cooperatives.

Article 44-Uniform Civil Code.

Article 45-Infant and Child Care.

Article 46-Protection of SCs, STs and other weaker sections from

exploitation.

Article 47-Nutrition, Standard of living and public health.

Article 48-Scientific agriculture and animal husbandry.

Article 48-A-Environment and Wildlife Protection.

Article 49-Protection of monuments and places and objects which

have national importance.

Article 50-Judiciary should be separate from the Executive.

Article 51-The state shall promote international peace and security.

Functions of Directive Principles of Our State Policy:

The functions of the directive principles are as follows:

1) Function as supplementary to the Fundamental rights.

2) Protect Fundamental Rights from violation.

3) Perform a balancing function between Fundamental Rights and

Directive Principles.

4) Be the basis for making a uniform civil code for India.

5) Be the basis for constitutional amendments for removing social

evils like untouchability, etc.

6) Be used as a tool to ensure self-governance of people in local

government bodies, gram panchayats, municipal wards etc.

How are Directive Principles of Our State Policy different from

Fundamental Rights:

There is a difference between Directive Principles of Our State Policy

and Fundamental Rights in the following ways:

(a) Directive Principles are part of the basic structure of our

constitution.

(b) Fundamental Rights are amendable, but the Directive Principles

cannot be amended.

(c) Fundamental Rights are enforceable just in case of violation, but

directive principles have no such enforcement.

(d) Fundamental Rights are available to all citizens and can be

enforced by any court, but the Directive Principles of Our State

Policy are only applicable to certain social classes or groups.

(e) Fundamental Rights can be restricted in the interest of public

welfare, but the Directive Principles cannot be restricted.

(f) Fundamental Rights are justiciable, but directive principles are

not justiciable.

Supremacy of Fundamental Rights over Directive Principles:

Article 36 under the name “Directive Principles” has been put into

our constitution before fundamental rights. It is because there were

several debates and discussions in our country and among our

founding fathers on whether directive principles of fundamental

rights should have a primary place in our constitution. The debate

was all about which one is the most important and effective method

to protect fundamental rights from violation. In the end, it was

decided that both should be considered fundamental but that there

should be an ever-present rule of precedence.

Thus, we have a supreme rule of precedence where Fundamental

Rights are supreme, but Directive Principles are supplementary and

complementary to them. The Directive Principles form a part of the

basic structure of our constitution as per Article 40-A, Part IV.

On the issue of supremacy and priority between fundamental rights

and Directive Principles, even after 70 years since we have a

constitution nobody seems to be in disagreement over the

importance of Directive Principles. In fact, when we look at historical

documents written by these same framers, they all express

commitment towards natural justice principles.

explain article 41 to 43 of constitution in details with case laws

ChatGPT said:
Articles 41 to 43 of the Indian Constitution fall under Part IV – Directive
Principles of State Policy (DPSPs). These are non-justiciable rights, meaning they
are not enforceable in courts, but they lay down important principles that guide the
state in policy-making.

Let’s go through each article in detail, along with relevant case laws:

Article 41 – Right to Work, to Education

and to Public Assistance
Text of Article 41:

“The State shall, within the limits of its economic

capacity and development, 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.”

Explanation:


This article directs the State to strive to provide:


o

Right to Work

o
o

Right to Education

o
o

Right to Public Assistance (for people who are unemployed, elderly,

ill, or disabled).

o


But this is subject to the state’s economic capacity, meaning it's not
guaranteed—it depends on the availability of resources.


Key Points:


The Mahatma Gandhi National Rural Employment Guarantee Act

(MGNREGA), 2005 is a legislative attempt to fulfill the right to work.




The Right of Children to Free and Compulsory Education Act, 2009

(RTE) draws support from this directive.

Important Case Law:

1.

Unni Krishnan v. State of Andhra Pradesh (1993)

2.

Supreme Court held that the right to education up to age 14 is a

fundamental right under Article 21 (Right to Life), and derives
strength from Article 41.

o
o

This judgment led to the 86th Constitutional Amendment, which

inserted Article 21A: Free and compulsory education for children 6 to
14 years.

Article 42 – Provision for Just and

Humane Conditions of Work and
Maternity Relief
Text of Article 42:

“The State shall make provision for securing just and

humane conditions of work and for maternity relief.”
Explanation:


Ensures fair and humane treatment of workers, including:

Reasonable working hours.

o
o

Safe working conditions.

o
o

Rest periods.

o
o

Maternity benefits for women workers.

Legislative Measures:


Factories Act, 1948 – Regulates working conditions.




Maternity Benefit Act, 1961 – Provides maternity leave and other benefits.




Code on Social Security, 2020 – Consolidates multiple labor laws including

maternity provisions.

Important Case Law:

1.
 B. Shah v. Presiding Officer, Labour Court (1977)

2.

Supreme Court ruled that the objective of maternity benefit is to

maintain the health of the mother and child.

o
o

It emphasized that maternity leave must not be at the cost of the

employee’s wages or benefits.

3.

Municipal Corporation of Delhi v. Female Workers (Muster Roll), 2000

4.

Supreme Court extended maternity benefits to temporary and

casual workers, reinforcing the spirit of Article 42.

Article 43 – Living Wage, etc., for

Workers
Text of Article 43:

“The State shall endeavour to secure, by suitable

legislation or economic organisation or in any other
way, to all workers, agricultural, industrial or
otherwise, a living wage, conditions of work ensuring a
decent standard of life and full enjoyment of leisure and
social and cultural opportunities…”

Explanation:


Focuses on:
 

Living wage (not just minimum wage)

o
o

Decent working conditions

o
o

Cultural and leisure opportunities

Promotes the concept of worker dignity and welfare.

Difference Between Minimum Wage and Living Wage:



Minimum Wage: Bare minimum to survive.




Living Wage: Adequate to meet a decent standard of life.

Legislative Examples:


Minimum Wages Act, 1948




Wages Code, 2019 – Consolidates wage-related laws to ensure fair wages.

Important Case Law:

 1.

Standard Vacuum Refining Co. v. Its Workmen (1960)

2.

The court emphasized the importance of providing a living wage, in

line with Article 43.

o
o

It differentiated between minimum wage, fair wage, and living wage.

3.

Express Newspapers v. Union of India (1986)

4.

Supreme Court reaffirmed that fair wages must consider a worker's

right to dignity and a decent life, reflecting the aim of Article 43.

Conclusion:
Artic
Focus Key Right Nature
le
Social Right to Work, Education, Based on economic
41
Security Public Assistance capacity
Labor Just work conditions, Protective, especially
42
Welfare Maternity Relief for women
Economic Living wage, Decent life for Inclusive labor
43
Justice workers dignity

These articles help shape India’s social welfare policies, acting as moral compasses
for legislation and judicial interpretation. Though not enforceable directly in courts,
they are often used in conjunction with Fundamental Rights to deliver justice and
equity.
Would you like this compiled in a table or PDF for easier reference?

4o

You said:

explain article 44 of the constitution in details

ChatGPT said:

Sure! Let’s explore Article 44 of the Indian Constitution in detail.

Article 44 – Uniform Civil Code (UCC)

for the Citizens
Text of Article 44:

“The State shall endeavour to secure for the citizens a

uniform civil code throughout the territory of India.”

🧾 Explanation:


Article 44 is a Directive Principle of State Policy (DPSP) under Part IV of

the Constitution.




It urges the State (not the judiciary) to try to bring about a Uniform Civil
Code (UCC), meaning one common set of personal laws applicable to all
citizens, irrespective of their religion, caste, or community.

📜 What is a Uniform Civil Code?



Civil laws deal with marriage, divorce, inheritance, adoption, and

maintenance.
 


Currently, India has different personal laws for different religious

communities:

Hindus (including Buddhists, Jains, Sikhs): Governed by the Hindu

Marriage Act, Hindu Succession Act, etc.

o
o

Muslims: Governed by Muslim Personal Law (Shariat).

o
o

Christians: Governed by Indian Christian Marriage Act, Indian

Divorce Act.

o
o

Parsis: Governed by Parsi Marriage and Divorce Act.

A UCC would replace these religious-based personal laws with one secular law for
all citizens.

⚖️Why is UCC Controversial?



Supporters say it:

Promotes equality and national integration.

o
o
 Ensures gender justice, especially for women suffering under
discriminatory personal laws.

Critics argue it:

May infringe religious freedom under Article 25 (Right to practice

religion).

o
o

Could ignore cultural diversity.

🔍 Constitutional Debate:


Dr. B.R. Ambedkar, the principal architect of the Constitution, supported the
UCC but also acknowledged its complexity and resistance.




Hence, it was included in the DPSPs and made non-justiciable (i.e., not
enforceable in court), but still a goal for future governance.

⚖️Important Case Laws:

1. Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano
Begum, 1985)

 A Muslim woman, Shah Bano, sought maintenance under Section 125 of
CrPC after divorce.




Supreme Court ruled in her favor, upholding her right to maintenance.




The Court strongly advocated for UCC, saying:

"A common Civil Code will help the cause of

national integration by removing disparate
loyalties to laws which have conflicting
ideologies."

2. Sarla Mudgal v. Union of India (1995)



Concerned with Hindu men converting to Islam to practice polygamy.




Court highlighted the urgent need for UCC to prevent misuse of religion and
ensure equality.

3. John Vallamattom v. Union of India (2003)



A Christian priest challenged provisions of the Indian Succession Act.




The Court observed that personal laws can be discriminatory, and UCC is
necessary to ensure fairness.


📍 Goa – An Example of UCC in India


Goa follows a common civil code based on the Portuguese Civil Code.




Citizens of all religions follow the same laws on marriage, divorce, and
succession (with minor exceptions).




Often cited as a successful model of UCC within India.

Law Commission & Government Views



Over the years, several Law Commission reports have studied UCC:

21st Law Commission (2018): Stated UCC is "neither necessary

nor desirable" at this stage, but called for reform of personal laws
instead.

o
o

Current government has revived discussions around implementing

UCC nationally, making it a debated political and legal topic.

📌 Conclusion
Feature Details
Article Article 44
 Feature Details
Nature Directive Principle (non-justiciable)
One civil law for all citizens regardless of
Goal
religion
Marriage, divorce, inheritance, adoption,
Deals With
maintenance
Current Not implemented nationwide; only Goa
Status follows UCC
Debate Equality vs Religious Freedom

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4o

You said:

explain in more details with landmark cases

ChatGPT said:

Absolutely! Let's dive deeper into Article 44 with more legal, historical, and
judicial depth, and examine landmark Supreme Court cases that shaped the UCC
debate in India.

⚖️ARTICLE 44 – In Depth
🔹 Text of Article 44:

“The State shall endeavour to secure for the citizens a

uniform civil code throughout the territory of India.”

🔹 Nature of the Article:



Part of the Directive Principles of State Policy (Part IV).




Not justiciable – you cannot go to court to enforce it.



 Acts as a guideline for the government to bring all citizens under one set of
personal laws, aiming to ensure equality and national unity.

💡 Key Concepts Explained

1. Uniform Civil Code (UCC):


Aims to unify personal laws for all citizens, regardless of religion.




Personal laws include matters like:

Marriage & Divorce

o
o

Succession & Inheritance

o
o

Adoption & Maintenance

2. Why UCC?


To ensure gender justice, equality before law (Article 14) and secularism
(Article 25).




Remove anomalies like:


 o

Polygamy allowed in some religions, not others.

o
o

Unequal property rights for women in different communities.

o
o

Different ages of marriage under different laws.

⚖️ Landmark Supreme Court Cases on

UCC

🔴 1. Mohd. Ahmed Khan v. Shah Bano Begum (1985) –

AIR 1985 SC 945


Facts: Shah Bano, a 62-year-old Muslim woman, was divorced by her

husband and denied maintenance.




Issue: Could a Muslim woman claim maintenance under Section 125 of

CrPC, which is religion-neutral?




Judgment:

Supreme Court upheld her right to maintenance.

o
o
 Strongly supported UCC, stating:

"A common Civil Code will help the cause of

national integration by removing conflicting
loyalties to laws which have divergent
ideologies."

Aftermath:

Huge backlash from conservative Muslim groups.

o
o

Led to the Muslim Women (Protection of Rights on Divorce) Act,

1986, which diluted the judgment.

🔴 2. Sarla Mudgal v. Union of India (1995) – AIR 1995

SC 1531


Facts: Hindu men converted to Islam to marry again without divorcing their
first wife, thereby bypassing Hindu personal law.




Issue: Is this conversion legal, or just a fraud to practice polygamy?




Judgment:


 o

Court held that second marriage without dissolving the first is

invalid, even if the man converts to Islam.

o
o

The court criticized the absence of UCC, calling it a tool to avoid

such legal misuse.

Justice Kuldip Singh remarked:

"Article 44 is based on the concept that there is no
necessary connection between religion and personal
law."

🔴 3. Lily Thomas v. Union of India (2000) – AIR 2000

SC 1650


Facts: Similar to Sarla Mudgal – Hindu men converting to Islam to remarry.




Judgment:

The second marriage is void, and the man is guilty of bigamy under
Section 494 of IPC.

o
o

Emphasized that changing religion solely for marriage is not

acceptable.

o
🔴 4. John Vallamattom v. Union of India (2003) – AIR
2003 SC 2902


Facts: Section 118 of the Indian Succession Act restricted Christians from
donating property for religious or charitable purposes via will.




Judgment:

Court struck down the provision as unconstitutional, saying it

violated Article 14 (equality).

o
o

Once again emphasized the need for a Uniform Civil Code to ensure
equality among communities.

🔴 5. Shayara Bano v. Union of India (Triple Talaq

Case, 2017) – (2017) 9 SCC 1


Facts: Muslim woman challenged instant triple talaq (Talaq-e-Biddat) as

arbitrary and discriminatory.




Judgment:

Supreme Court declared Triple Talaq unconstitutional by 3:2

majority.

o
 o

Court emphasized the need to reform personal laws and ensure

gender justice, indirectly invoking the spirit of Article 44.

Justice Nariman: “What is manifestly arbitrary is not

law, and such a practice violates fundamental rights.”

📍 Goa – A Model UCC in India



Goa follows the Portuguese Civil Code.




Same personal laws for all communities, with some exceptions.




Citizens follow common marriage, succession, and divorce laws.




Repeatedly cited by courts as a working model of UCC.

📚 Law Commission Reports on UCC

🔸 21st Law Commission Report (2018)


Said that UCC is not necessary at this stage.




Recommended reform in personal laws to remove discrimination.

 

“UCC is neither necessary nor desirable at this stage.

Instead, we should preserve diversity while ensuring
equality.”

📌 Constitutional and Social Tensions

Arguments For UCC Arguments Against UCC
Perceived threat to religious
Ensures gender justice
freedom
Promotes national
Undermines India's pluralism
integration
Minority communities feel
Equality before law
targeted
Stops misuse of Could lead to uniformity over
conversion harmony

🏁 Conclusion


Article 44 is a visionary goal aiming for equality and secularism in personal

matters.




Though it’s non-binding, courts have repeatedly emphasized its

importance, especially in cases of gender injustice and legal inconsistency.




A balanced approach is needed: respect for religious freedom with equal

rights for all.

If you want, I can help you structure this into a PDF study note, or turn it into a
debate script or essay—just let me know!

4o
You said:

EXplain article 45 to 51 of the indian constitution in details

ChatGPT said:

Absolutely! Articles 45 to 51 of the Indian Constitution are part of Part IV –

Directive Principles of State Policy (DPSPs). These provisions outline the socio-
economic and political goals the State should aim to achieve for building a just
society.

Let’s go through each article in detail, along with their importance, implications,
and examples.

🔹 Article 45 – Provision for Early

Childhood Care and Education
Text (as amended by 86th Amendment, 2002):

“The State shall endeavour to provide early childhood

care and education for all children until they complete
the age of six years.”

Key Points:


Originally, Article 45 focused on providing free and compulsory education

for all children up to age 14.




After the 86th Constitutional Amendment (2002):

Article 21A was inserted to make education a Fundamental Right (6–

14 years).

o
o

Article 45 was revised to focus on pre-school education (0–6 years).

o
Impact:


Recognized the importance of early childhood development.




Led to schemes like:

Integrated Child Development Services (ICDS)

o
o

Anganwadi Centres for nutrition, health, and education.

🔹 Article 46 – Promotion of Educational

and Economic Interests of Scheduled
Castes, Scheduled Tribes and Other
Weaker Sections
Text:

“The State shall promote with special care the

educational and economic interests of the weaker
sections of the people, and in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall
protect them from social injustice and all forms of
exploitation.”

Key Points:


Focuses on social justice, upliftment, and protection of:


 o

SCs (Scheduled Castes)

o
o

STs (Scheduled Tribes)

o
o

Other weaker and marginalized communities

Directs the State to provide:

Free or subsidized education

o
o

Financial assistance

o
o

Reservation policies

o
o

Protection against discrimination or exploitation

Examples:


Reservation in education and jobs under Articles 15(4), 16(4).



 Post-Matric Scholarships, hostels, and economic upliftment schemes.

🔹 Article 47 – Duty of the State to Raise

the Level of Nutrition and the Standard
of Living and to Improve Public Health
Text:

“The State shall regard the raising of the level of

nutrition and the standard of living of its people and the
improvement of public health as among its primary
duties...”

Also adds:

“...the State shall endeavour to bring about prohibition

of the consumption except for medicinal purposes of
intoxicating drinks and of drugs which are injurious to
health.”

Key Points:


Emphasizes:

Nutrition

o
o

Public health

o
o

Standard of living

o
o
 Prohibition of intoxicating substances

Examples:


National Nutrition Mission (Poshan Abhiyaan)




Mid-Day Meal Scheme




Public Health Schemes like Ayushman Bharat




Prohibition laws in some states (e.g., Bihar, Gujarat)

🔹 Article 48 – Organisation of
Agriculture and Animal Husbandry
Text:

“The State shall endeavour 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.”

Key Points:


Modernization of agriculture and animal husbandry.




Protection of cows and cattle – a culturally and politically sensitive issue.

 


Balances scientific agriculture with cultural sentiments.

Examples:


State laws on cow slaughter bans.




Schemes for dairy development, breed improvement, and organic farming.

🔹 Article 48A – Protection and

Improvement of Environment and
Safeguarding of Forests and Wildlife
(Inserted by the 42nd Amendment Act, 1976)

Text:

“The State shall endeavour to protect and improve the

environment and to safeguard the forests and wildlife
of the country.”

Key Points:


Marks the beginning of environmental awareness in the Constitution.




Forms basis for Environmental Laws, such as:

o
 The Environment Protection Act, 1986

o
o

The Wildlife Protection Act, 1972

o
o

The Forest Conservation Act, 1980

Judicial Support:


In M.C. Mehta v. Union of India cases, Article 48A was invoked to direct
governments to protect the environment.




Supported by Article 51A(g): Fundamental duty of citizens to protect the

environment.

🔹 Article 49 – Protection of Monuments

and Places and Objects of National
Importance
Text:

“It shall be the obligation of the State to protect every

monument or place or object of artistic or historic
interest...”

Key Points:


Directs the State to:


 o

Preserve historical monuments and heritage

o
o

Prevent destruction or disfigurement

Basis for laws like:

Ancient Monuments and Archaeological Sites and Remains Act,

1958

Examples:


Protection of sites like Taj Mahal, Qutub Minar, Ajanta Caves.




Supreme Court has intervened in cases of unauthorized construction near

heritage sites.

🔹 Article 50 – Separation of Judiciary

from the Executive in the Public
Services of the State
Text:

“The State shall take steps to separate the judiciary

from the executive in the public services of the State.”
Key Points:


Aims to ensure the independence of the judiciary, especially at the district

level.




Prevents executive interference in judicial matters.




Led to establishment of independent judicial magistrates separate from

district collectors or police.

Examples:


Criminal Procedure Code reforms separated the two branches.




Reinforced by judgments ensuring judicial independence, like Union of

India v. Sankalchand Sheth.

🔹 Article 51 – Promotion of International

Peace and Security
Text:

The State shall:

1.

Promote international peace and security;

2.
3.
 Maintain just and honorable relations between nations;

4.
5.

Foster respect for international law and treaty obligations;

6.
7.

Encourage settlement of international disputes by arbitration.

8.

Key Points:


Reflects India’s commitment to global peace.




Guides foreign policy based on:

Non-alignment

o
o

Panchsheel principles

o
o

Peaceful dispute resolution

Examples:


India’s support to the UN, peacekeeping missions, and climate treaties.


 

India’s handling of border and trade disputes through diplomacy.

🧾 Summary Table
Artic
Focus Area Key Directive
le
Early childhood
45 Education till age 6
care
46 Weaker sections Promote SC/ST & weaker sections’ welfare
Health &
47 Public health, nutrition, prohibition
nutrition
48 Agriculture Scientific farming, cow protection
48A Environment Forest and wildlife protection
49 Heritage Protection of monuments
50 Judiciary Separation from executive
Promote peace, arbitration, respect for
51 Foreign Policy
international law

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