Articles of Indian Constitution

Constitution of India contains 448 Articles in 25 Parts 12 Schedules

Constitution of India
MCN 202
Directive Principles of State Policy
Part IV of the Indian Constitution
Joaquim Ignatious Monteiro
Assistant Professor
Dept. of ECE
College of Engg. TVM

Parts of the Indian Constitution

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Part I – Union & its territories (Article 1 - 4)
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Part II – Citizenship (Articles 5 – 11)
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Part III – Fundamental Rights (Articles 12 – 35)
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Part IV – Directive Principles of State Policy (Articles 36 – 51)
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Part IV A – Fundamental Duties (Article 51 A)

Directive Principles of State Policy (DPSP) Fundamental Rights Vs DPSP

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The concept of DPSP emerged from Article 45 of the Irish Constitution.
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Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it
protects the rights of a citizen and work at a macro level.
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Constitutional Provisions: Part IV of the Constitution of India (Article 36–51) ●
DPSP consists of all the ideals which the State should follow and keep in mind
contains the Directive Principles of State Policy (DPSP) while formulating policies and enacting laws for the country.
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Directive Principles are a rmative directions on the other hand, Fundamental
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Article 37 of the Indian Constitution States about the application of the Rights are negative or prohibitive in nature because they put limitations on the
Directive Principles. State.
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The DPSP is not enforceable by law; it is non-justiciable.
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These principles aim at ensuring socio economic justice to the people and ●
It is important to note that DPSP and FRs go hand in hand.
establishing India as a Welfare State. ●
DPSP is not subordinate to FRs.
Classication of DPSP Directives based on Socialist Principles
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The Directive Principles are classi ed on the basis of their ideological source ●
Articles 38 – 47
and objectives ●
Article 38 : Promote the welfare of the people by securing a social order through justice
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These are Directives based on: —social, economic and political—and to minimise inequalities in income, status,
facilities and opportunities
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Socialist Principles ●
Article 39 Secure citizens:
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Gandhian Principles – Right to adequate means of livelihood for all citizens
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Liberal and Intellectual Principles – Equitable distribution of material resources of the community for the common good
– Prevention of concentration of wealth and means of production
– Equal pay for equal work for men and women
– Preservation of the health and strength of workers and children against forcible
abuse
– Opportunities for the healthy development of children

Directives based on Socialist Principles Directives based on Gandhian Principles

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Article 39A Promote equal justice and free legal aid to the poor ●
These principles are based on Gandhian ideology used to represent the programme of
reconstruction enunciated by Gandhi during the national movement
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Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:
– Right to work
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Article 40 Organise village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government
– Right to education ●
Article 43 Promote cottage industries on an individual or co-operation basis in rural areas
– Right to public assistance ●
Article 43B Promote voluntary formation, autonomous functioning, democratic control and
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Article 42 Make provision for just and humane conditions of work and maternity relief professional management of co-operative societies
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Article 43 Secure a living wage, a decent standard of living and social and cultural ●
Article 46 Promote the educational and economic interests of SCs, STs, and other weaker
opportunities for all workers sections of the society and to protect them from social injustice and exploitation
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Article 43A Take steps to secure the participation of workers in the management of ●
Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious
industries to health
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Article 47 Raise the level of nutrition and the standard of living of people and to ●
Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to
improve public health improve their breeds

Directive principles based on Liberal-Intellectual Principles Criticism of Directive Principles of State Policy
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Article 44 Secure for all citizens a uniform civil code throughout the country ●
Criticism of Directive Principles of State Policy
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Article 45 Provide early childhood care and education for all children until they – It has no legal force
complete the age of fourteen years
– It is illogically arranged
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Article 48 Organise agriculture and animal husbandry on modern and scienti
c lines
– It is conservative in nature
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Article 49 Protect monuments, places and objects of artistic or historic interest which
are declared to be of national importance – It may produce constitutional con ict between centre and state
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Article 50 Separate the judiciary from the executive in the public services of the State
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Article 51
– Promote international peace and security and maintain just and honourable
relations between nations
– Foster respect for international law and treaty obligations

– Encourage settlement of international disputes by arbitration

 Fundamental Rights
Part 3 of the Constitution of India contains
the Fundamental Rights guaranteed to the
citizens of India. Articles 12-35 of the
Constitution of India deal with
Fundamental Rights.
The basic rights that are guaranteed to
Indian citizens by the Constitution of India
are known as Fundamental Rights
Political Democracy is established in India
with the help of Fundamental Rights given
in the Constitution of India.
The welfare of each and every citizen is
promoted through the Fundamental Rights
As per the law, the violation of
Fundamental Rights is punishable.
Directive Principles of State Policy
Directive Principles are written in Part 4 of
the Constitution of India. They are given in
Articles 36-51 of the Constitution of India.
Directive Principles of the Indian
constitution are the guidelines to be
followed by the Government while framing
policies.
Economic and Social Democracy is
established with the help of the Directive
Principles of State Policy
The welfare of the entire community is
fostered with the help of Directive
Principles.
Violation of Directive Principles is not a
punishable crime unlike violation of
Fundamental Rights
Fundamental Rights
Fundamental Rights are justiciable as they
can be enforced legally by the courts if
there is a violation.
If there is a law which is in violation of
fundamental rights then the courts can
declare it as invalid and unconstitutional.
Fundamental Rights are sometimes
considered as a kind of restrictions imposed Government in helping it to achieve some
on the State.
Fundamental rights can be suspended
during a national emergency. But, the rights
guaranteed under Articles 20 and 21 cannot
be suspended.
Directive Principles of State Policy
Directive Principles are not justiciable as
they cannot be enforced by the courts if
there is a violation.
If there is a law in violation of Directive
Principles, then the courts do not have the
power to declare it as invalid and
unconstitutional.
Directive Principles are directions for the
particular objectives.
Directive Principles of State Policy can
never be suspended under any
circumstances.