The concept of Directive Principles of State Policy is contained in Part IV of the Indian Constitution. The feature of the constitution was borrowed from the constitution of Ireland which had copied it from the Spanish Constitution. The provisions of Directive Principle of State Policy which are contained in Part IV cannot be enforced by any court.
Article 36 to 51 of the Indian Constitution guarantees the Directive Principle of State Policy. The Directive Principles are some important principles in which the Union and the State Governments must keep in mind while they formulate any policy or pass any law. It lays down certain social, economic and political principles, suitable to peculiar conditions prevailing in India.
In State of Tamil Nadu v. Abu Kavar Bai, the court upheld the validity of a law enacted for the nationalisation of transport services in the State on the ground that it was contained in Article 39 (b) and (c) which provides to the Directive Principle. A nationalised scheme was meant for the purpose of preventing concentration of wealth; as in the instant case, must have sufficient nexus to attract the operation of Article 39 (b) and (c). The Tamil Nadu Act is valid as it subserves nationalization policy.
Article 44 states the Uniform Civil Code and must secure all the citizens of India. Uniform Civil code places a set of laws to govern personal matters of all citizens irrespective of religion. It is the common set of governing rules for all citizens of India. These laws cover divorce, marriage, inheritance, adoption and maintenance. Goa is the only state which follows the provisions of Directive Principles of State Policy.
The concept of Directive Principles of State Policy plays a major role in the development of the laws. Though these principles are not enforceable by court but it has a huge impact in policy formation of the country. Further, it also helps the court to decide the validity of the enacted laws. The main objective of enacting the directive principle of state policy is to set up some standards and measures for ensuring the economic and social order.
In Air India Statutory Corporation v. United Labour Union, a three-Judge Bench of the Supreme Court has explained the concept of social justice in Article 38.
Illiteracy is one of the mains reason due to which the directive principle of state policy is not enforceable throughout the country. It helps in mitigating the problem of discrimination towards religion and provides equal opportunity to all the individual of India. The Directive Principes of State Policy are the principle to solve the problem relating to equal payment of wages for both men and women, to secure the public at large, equal status to all the individual which will help the nation to grow and prosper. It will eventually help to improve the economic condition of India. Our country need uniform civil code to formulate policy and rules in order to achieve the basic objectives of the country. The main objective of the Directive Principle of State Policy is to maintain the governance of the country.
This article is authored by Uttara Roy, student of B.Com LL.B (Hons.) at NEF Law College, Guwahati
Also Read – Fundamental rights and directive principles are complementary and supplementary to one another
