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PART IV : DIRECTIVE PRINCIPLES OF STATE POLICY
36. Definition.
In this Part, unless the context otherwise requires, State” has the same meaning as in Part III.
37. Application of the principles contained in this Part.
The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
38. State to secure a social order for the promotion of welfare of the people.
1[(1)] 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.
2[(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour 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.]
39. Certain principles of policy 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;
(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;
3[(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.]
Equal justice and free legal aid.
4[39A. 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.]
40. 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.
41. Right to work, to education and to public assistance in certain cases.
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.
42. Provision for just and humane condi- tions of work and maternity relief.
The State shall make provision for securing just and humane conditions of work and for maternity relief.
43. Living wage, etc., for workers.
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent
standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
43A. Participation of workers in management of industries.
5[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 organisations engaged in any industry.]
43B. Promotion of co- operative societies.
6[The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.]
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.
45. Provision for early childhood care and education to children below the age of six years.
7[The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.]
46. Promotionof educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
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.
47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.
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 and, in particular, 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.
48. Organisation of agriculture and animal husbandry.
The State shall endeavour to organise 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.
48A. Protection and improvement of environment and safeguarding of forests and wild life.
8[The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]
49. Protectionof monuments and places and objects of national importance.
It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, 9[declared by or under law made by Parliament] to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
50. Separation of judiciary from executive.
The State shall take steps to separate the judiciary from the executive in the public services of the State.
51. Promotion of international peace and security.
The State shall endeavour to—
(a)promote international peace and security;
(b)maintain just and honourable relations between nations;
(c)foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and
(d)encourage settlement of international disputes by arbitration.
10[PART IVA FUNDAMENTAL DUTIES
51A. Fundamental duties.
It shall be the duty of every citizen of India—
(a)to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b)to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c)to uphold and protect the sovereignty, unity and integrity of India;
(d)to defend the country and render national service when called upon to do so;
(e)to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f)to value and preserve the rich heritage of our composite culture;
(g)to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h)to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i)to safeguard public property and to abjure violence;
(j)to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;]
11[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.]
1. Art. 38 renumbered as cl. (1) thereof by the Constitution (Forty-fourth Amendment) Act, 1978, s. 9 (w.e.f. 20-6-1979).
2. Ins. by s. 9, ibid. (w.e.f. 20-6-1979).
3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 7, for cl. (f) (w.e.f. 3-1-1977).
4. Ins. by s. 8, ibid. (w.e.f. 3-1-1977).
5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 9 (w.e.f. 3-1-1977).
6. Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011, s. 3, (w.e.f. 15-2-2012).
7. Subs. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 3, for art. 45 (w.e.f. 1-4-2010).
8. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 10 (w.e.f. 3-1-1977).
9. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 27, for “declared by Parliament by law”.
10. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 11 (w.e.f. 3-1-1977).
11. Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002, s. 4 (w.e.f. 1-4-2010).