Part 4 of Indian Constitution, Article 36 to 51, DPSP, Amendments

The Constitution of India not only directs the provisions related to the functioning and governance of the Country but also lays down certain guiding principles. These principles are placed in Part IV of the Constitution and are known as the Directive Principles of State Policy. They provide a roadmap for establishing social, economic and political justice in the country. Although they are not enforceable in courts, they are fundamental in the governance of India. Part IV reflects the vision of building a welfare state based on equality, justice and human dignity.

Part 4 of Indian Constitution

Part 4 of Indian Constitution covers Articles 36 to 51. These principles guide both the Union and State governments while making laws and policies. The concept was inspired by the Irish Constitution and originally traced to the Spanish Constitution. The objective of Part IV is to establish an economic and social democracy by ensuring equitable distribution of resources, improving public health, promoting education, protecting the environment and encouraging international peace.

Articles under Part 4 of Indian Constitution

Part 4 of Indian Constitution includes Articles 36 to 51 that guide governance toward welfare and socio economic justice.

• Article 36- Definition of State: This Article defines “State” for Part IV in the same manner as Part III. It includes the Government, Parliament of India, State governments, legislatures and all local or other authorities within Indian territory, ensuring uniform interpretation.
• Article 37- Application of Principles: It declares that Directive Principles are not enforceable by courts. However, they are fundamental in governance and it is the duty of the State to apply them while framing laws and policies.
• Article 38- Social Order for Welfare: The State must promote welfare by securing social, economic and political justice. Article 38(2), added later, directs reduction of inequalities in income, status, facilities and opportunities among individuals and groups.
• Article 39- Principles of Policy: It directs policies ensuring adequate livelihood, fair distribution of resources, prevention of wealth concentration, equal pay for equal work, protection of workers’ health and safeguarding children from exploitation.
• Article 39A- Equal Justice and Legal Aid: Added by the 42nd Amendment Act 1976, it mandates equal justice and free legal aid to ensure that opportunities for justice are not denied due to economic weakness.
• Article 40- Village Panchayats: It directs the State to organise village panchayats and grant them authority to function as units of local self government, strengthening grassroots democracy.
• Article 41- Right to Work and Assistance: The State should provide right to work, education and public assistance during unemployment, old age, sickness and disability, subject to its economic capacity and available resources.
• Article 42- Humane Work Conditions: It directs provision of just and humane working conditions along with maternity relief, protecting workers and promoting dignity in labour practices.
• Article 43- Living Wage for Workers: The State must strive to secure a living wage, decent working conditions and a standard of life allowing leisure and social opportunities, while promoting cottage industries.
• Article 43A- Workers Participation: Introduced by the 42nd Amendment Act 1976, it ensures workers’ participation in management of industries, encouraging cooperative decision making in industrial undertakings.
• Article 43B- Cooperative Societies: It promotes voluntary formation, democratic control and professional management of cooperative societies, strengthening collective economic activities in rural and urban sectors.
• Article 44- Uniform Civil Code: It directs that the State shall endeavour to secure a Uniform Civil Code for all citizens throughout India, aiming at uniformity in civil matters.
• Article 45- Early Childhood Care: It directs provision of early childhood care and education for children below six years, highlighting importance of foundational development.
• Article 46- Interests of SCs, STs and Weaker Sections: The State must promote educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections and protect them from injustice and exploitation.
• Article 47- Public Health and Nutrition: It makes improvement of nutrition levels, standard of living and public health a primary duty of the State, including prohibition of harmful intoxicants.
• Article 48- Agriculture and Animal Husbandry: The State shall organise agriculture and animal husbandry on modern scientific lines and prohibit slaughter of cows, calves and other milch and draught cattle.
• Article 48A- Environment Protection: Inserted by the 42nd Amendment Act 1976, it directs protection and improvement of environment and safeguarding of forests and wildlife.
• Article 49- Protection of Monuments: It imposes duty on the State to protect monuments, places and objects of artistic or historic importance declared as national heritage.
• Article 50- Separation of Judiciary: It mandates separation of judiciary from executive in public services to maintain independence and prevent interference in judicial functioning.
• Article 51- International Peace and Security: It directs promotion of international peace, maintaining honourable relations, respecting international law and settling disputes through arbitration.

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Amendments related to Part 4 of Indian Constitution

Several constitutional amendments strengthened and expanded the Part 4 of Indian Constitution over time. Major examples of amendments are:

• 42nd Constitutional Amendment Act 1976: It introduced Articles 39A, 43A and 48A. These additions ensured free legal aid, workers’ participation in management and environmental protection within the Directive Principles framework.
• 44th Constitutional Amendment Act 1978: It inserted clause (2) in Article 38 directing minimisation of economic inequalities among individuals and groups. It also removed the Right to Property from the list of Fundamental Rights.
• 86th Constitutional Amendment Act 2002: It modified Article 45 and made elementary education a Fundamental Right under Article 21A, strengthening the commitment to education for children between six and fourteen years.

Case Laws related to Part 4 of Indian Constitution

Judicial decisions have several times interpreted the clarification of the articles under the Part 4 of Indian Constitution and their relations with other parts. Few examples include:

• Champakam Dorairajan v State of Madras 1951: The Supreme Court held that in case of conflict, Fundamental Rights prevail over Directive Principles. It stated that DPSP must conform to and run subordinate to Fundamental Rights.
• Golaknath v State of Punjab 1967: The Court ruled that Parliament could not amend Fundamental Rights even to implement Directive Principles, contradicting its earlier Shankari Prasad judgment.
• Kesavananda Bharati v State of Kerala 1973: The Supreme Court held Parliament can amend any part of the Constitution but cannot alter its Basic Structure, balancing Fundamental Rights and Directive Principles.
• Minerva Mills v Union of India 1980: The Court reaffirmed the Basic Structure doctrine and emphasised harmony between Fundamental Rights and Directive Principles as essential to constitutional balance.
• Hussainara Khatoon v State of Bihar 1979: The Supreme Court declared that free legal aid under Article 39A is a fundamental right and directed the State to provide legal assistance to the poor.