The document summarizes various articles from Part IV of the Indian Constitution relating to Directive Principles of State Policy. It discusses articles 40-49 which address organizing village panchayats, the rights to work, education and public assistance, just conditions of work, living wages, workers participation in management, uniform civil code, childhood care and education, promoting interests of weaker sections, raising nutrition levels, organizing agriculture and protecting the environment. The document provides an overview and explanation of the key principles covered in each article.

1. Directive Principles of State
Policy – Part II (Article 40-49)
CA Divakar Vijayasarathy

2. Research Credits
Deepika S
CA Jugal Gala
2

3. Legends Used
Art. Article
Hon’ble Honourable
AIR All India Reporter
SC Supreme Court

4. Presentation Schema
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Organization of
Village Panchayats
Provision for Just and
Humane conditions of
work
Living Wage for
workers
Participation of
Labour in
Management of the
Industry
Uniform Civil Code
Provision for Early
Childhood Care and
Education
Duty of State to Raise
Standards of Public
Health
Organization of
Agriculture and
Animal Husbandry
Protection of
Environment and
Wildlife
Protection of
Monuments, Objects
and Places of National
Importance

5. Overview of Provisions
5
Constitutional Provision Article
Organization of village panchayats 40
Right to work, to education and to public assistance in certain cases. 41
Provision for just and humane conditions of work and maternity relief. 42
Living wage, etc., for workers. 43
Participation of workers in management of industries. 43A
Uniform civil code for the citizens. 44
Provision for free and compulsory education for children. 45
Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other
weaker sections.
46
Duty of the State to raise the level of nutrition and the standard of living and to improve public
health.
47
Organisation of agriculture and animal husbandry 48
Protection and improvement of environment and safeguarding of forests and wild life. 48A
Protection of monuments and places and objects of national importance. 49

6. 6
Directive Principles of State
Policy(DPSP)
(Articles 40-49)

7. Village Panchayats

8. 8
“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. “
Organization of Village Panchayats –
Article 40
▪ Even Though the Panchayati Raj Institutions have been in existence for a long time, it has
been observed that these institutions have not been able to acquire the status and
dignity of viable and responsive people's bodies.
▪ This is due to a number of reasons including absence of regular elections, insufficient
representation of weaker sections like Scheduled Castes, Scheduled Tribes and women,
inadequate devolution of powers and lack of financial resources.
▪ The severe lack of representation of Scheduled Castes, Scheduled Tribes and women is
because they are historically disadvantaged groups. Therefore, there is a need for the
upliftment of these communities by providing them with reservations in Panchayat
Institutions.
▪ This enables the idea of a participative democracy where all sections of society are
represented and can have a say in the governmental decisions being made.
▪ There was an imperative need to enshrine in the Constitution certain basic and essential
features of Panchayati Raj Institutions to impart certainty, continuity and strength to
them – which was done by the 73rd Constitutional Amendment Act, 1992.

9. Seventy Third Amendment Act, 1992 –
Constitution of Panchayats
▪ The Constitution (Seventy-Third) Amendment, 1992 introduced a new part relating to
Panchayats in the Constitution to provide for –
1. Constitution of Panchayats at village;
2. Direct elections to all seats in Panchayats at the village and intermediate level
3. Appointment of Chairpersons of Panchayats at such levels;
4. Reservation of seats for the Scheduled Castes and Scheduled Tribes and women;
5. Fixing tenure of 5 years for Panchayats and holding elections within a period of 6 months
in the event of supersession of any Panchayat;
6. Disqualifications for membership of Panchayats;
7. Sound finance of the Panchayats by securing authorisation from State Legislatures for
grants-in-aid to the Panchayats from the Consolidated Fund of the State.
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10. Right to Work, Education and
Public Assistance

11. ▪ “Social and economic justice” is one of the goals set out in our Preamble as well as
Constitution – and Article 41 sets out certain goals like securing the Right to Work, Right
to Education as well as providing Public Assistance.
▪ Right to Work is now a recognized fundamental right under Article 21(Right to Life) and
Right to Education is enshrined under Article 21A as well as The Right of Children to Free
and Compulsory Education Act, 2009.
▪ A Welfare State is one that provides for a large number of social services, like public
medical services, national health and unemployment insurance, widows and orphans
pension old age pensions, public assistance, subsidizing house building, the control of
housing and supervision of town planning as well as Acts for the protection of children.
▪ This has been brought in by means of enacting the namely The Factories Act, 1948 and
Workmen’s Compensation Act, 1923 as well as legislations restricting the employment of
children under a certain age.
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Right to Work, Education and Public
Assistance – 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.”

12. 12
Provision for Just and Humane Conditions
of Work and Maternity Relief – Article 42
“The State shall make provision for securing just and humane conditions of work and for
maternity relief.”
▪ Article 42 mainly lays emphasis on the State’s duty to secure just and humane conditions
of work and also for Maternity Relief.
▪ In order to protect the rights of women employees during pregnancy and after childbirth,
Indian law makes it mandatory for most establishments to offer maternity benefits to
women employees.
▪ Maternity benefit in India is mainly governed by the Maternity Benefit Act, 1961 that
applies to all shops and establishments with 10 or more employees.
▪ The Maternity Benefit Act provides that a woman will be paid maternity benefit at the
rate of her average daily wage in the three months preceding her maternity leave.
▪ The law also allows employers to permit women employees to work from home in
addition to the maternity benefit period if the nature of work allows that.
▪ An employer cannot dismiss a woman for taking maternity leave and cannot serve a
termination notice to a woman on maternity leave which expires before the maternity
leave ends.

13. 13
Industrial Dispute Act, 1948 To provide for investigation and settlement of
industrial disputes – and mainly, provides for
prohibition of unfair labour practices.
Contract Labour (Regulation and Abolition) Act, 1970
& 1971
Provides for conditions of work for contract
labourers.
The Weekly Holidays Act, 1942 To Provide for grant of weekly holidays to persons
employed in shops, restaurants
Mines Act, 1952 To provide for regulation of labour and health and
safety in mines.
Motor Transport Workers Act, 1961 To provide for welfare of motor transport workers
and to regulate the conditions of their work.
Hours of Work, Shifts, Spread-over, Rests and
Overtime Beedi & Cigar Workers (Conditions of
Employment) Act, 1966
To provide for welfare of the workers in beedi and
cigar establishments and to regulate the conditions
of their work
Factories Act, 1948 To provide for occupational safety and health in
factories and docks in India.
It deals with various problems concerning safety,
health, efficiency and well-being of the persons at
work places.
There are many laws made for the betterment for the labour force in India - some of which are :
Laws for Labour Force

14. Living Wage, etc., for Workers – Article 43
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“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.”
In general parlance, the concept of living wage includes the bare necessities of life, such as food,
shelter and clothing, provisions for education of children and insurance etc.
The concept of living wage has been discussed by the Hon’ble Supreme Court in
Standard Vacuum Refining Co. of India V. Workmen, 1961 AIR 895 and Express Newspapers (P) Ltd.
V. Union of India, 1986 AIR 872 –
“The idea is that every workman shall have a wage which will maintain him in the highest state
of industrial efficiency, which will enable him to provide his family with all the material things
which are needed for their health and physical well-being, enough to enable him to qualify to
discharge his duties as a citizen.”
Furthermore, the provision lays down the State’s duty to promote cottage industries.
It is the State’s duty to ensure that the labour is not exploited at the hands of the employer and
hence labour welfare measures of this sort are absolutely essential for the proper governance of
any State.

15. Participation of Workers in Management of
Industries – Article 43A
15
“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.”
a. Workers’ participation in management is an essential ingredient of Industrial democracy.
b. It is considered as a mechanism where workers have a say in the decision that the
employer makes.
c. The Hon’ble Court in Gujarat Kamdar Sahakari Mandal vs Ramkrishna Mills Ltd.,1998
CompCas 692 Guj, held that the provisions of article 43A intends to herald industrial
democracy and marks the "end of industrial bonded labour".

16. Rationale behind Article 43A
▪ The Constitutional mandate is that the management of the enterprises should not be left
entirely in the hands of suppliers of capital, but the workers should also be entitled to
participate in it because in a socialist pattern of society the enterprise, which is the centre
of economic area, should be controlled not only by suppliers of capital but also by labour,
▪ The workers, therefore, have a special place in a socialist pattern of society as they are
producers of wealth as much as capital. They supply labour without which the capital
would be impeded and they are at the least equal partners with capital in the enterprise.
▪ It is in the light of the aforesaid Constitutional philosophy, that the scheme which is put
forward by the society of workers is required to be approached.
▪ This is reason why Trade Unions and other such associations are promoted and even
sanctioned by legislations like the Trade Unions Act, 1926.
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17. Uniform Civil Code

18. Uniform Civil Code – Article 44
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“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India.”
▪ Uniform civil code (“UCC”) is the ongoing point of debate regarding the Indian
Constitution's mandate to replace personal laws based on the scriptures and customs of
each major religious community in India with a common set of rules governing every
citizen.
▪ Article 44 of the Directive Principles directs the state to apply these while formulating
policies for the country.
▪ Apart from being an important issue regarding secularism in India & fundamental right to
practice religion contained in Article 25, it became one of the most controversial topics in
contemporary politics.
▪ Goa has implemented Uniform Civil Code for its inhabitants.

19. The Debate around UCC
▪ The argument in support of bringing a Uniform Civil Code is to auger the national integration
▪ All Indian citizens are already equal before the court of law as the criminal laws and other
civil laws (except personal laws) are same for all.
▪ With the implementation of Uniform Civil Code, all citizen will share the same set of
personal laws.
▪ There will be no scope of politicization of issues of the discrimination or concessions or
special privileges enjoyed by a particular community on the basis of their particular religious
personal laws.
▪ The argument against it is that it will rob the nation of its religious diversity and violate the
fundamental right to practice religion enshrined in Article 25 of the Constitution.
▪ In fact, they hold that a state action to introduce the UCC is against the quintessence of
democracy.
▪ The secular state is an enabler of rights rather than an inhibitor in sensitive matters of
religion and personal laws.
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20. Judicial Precedents
▪ In Shabnam Hashmi vs. Union of India and others, W.P.470 of 2005, the Hon’ble Apex
Court observed that the rationale behind Article 44 is that personal beliefs and faith
should not dictate the laws applicable to persons and emphasized on the need for a
Uniform Civil Code to bring about equality in law in personal matters of citizens.
▪ In Lily Thomas vs. Union of India, (2000) 6 SCC 224, the Hon’ble Apex Court expressed that
it did not have any powers to issue directions for the codification of personal laws into a
uniform civil code as the directive principles of state policy are non-justiciable.
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21. Childhood Care and Education

22. Provision for Early Childhood Care and
Education to Children – Article 45
▪ This article seeks to provide education and early childhood care (such as crèches,
playschools, kindergartens, Montessori schools) for children up to 6 years.
▪ Furthermore, the 86th Constitutional Amendment Act, 2002, introduced Right to Education
as a Fundamental Right under Article 21A – this provides free and compulsory education
until the age of 14 years.
▪ The Right of Children to Free and Compulsory Education (RTE) Act, 2009 was enacted in
pursuance of the spirit of this Article.
▪ Under the RTE Act, all children between the ages of 6 and 14 years have the right to
elementary education (class 1-8) in a neighbourhood school.
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“The State shall endeavour to provide early childhood care and education for all children until they
complete the age of six years.”

23. Judicial Precedents
▪ In Unni Krishnan v State of A.P, 1993 AIR 217, the Hon’ble Supreme Court has held that
the “Right to education” up to the age of 14 years is a fundamental right within the
meaning of Article 21 of the Constitution, and declared that the right to education flows
directly from right to life.
▪ It was further observed that Article 45 of the Constitution deals with early childhood care
and education below the age of 6 years.
▪ The Hon’ble Supreme Court noted that the even though Article 45 is non-justiciable, the
Fundamental Right under Article 21A covers, within its scope, the aim sought to be
achieved by Article 45.
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24. Promotion of Educational and Economic
Interests – Article 46
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“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.”
▪ The need for special and preferential treatment to Scheduled Castes, Scheduled Tribes
and other weaker sections of society is because they are historically disadvantaged
groups and for a nation to progress, all sections of its population need to prosper
▪ Article 46 provides that the State shall promote the educational and economic interests
of the weaker sections of the society and in particular, of the Scheduled Castes and
Scheduled Tribes and shall protect them from social injustice and all forms of
exploitation.
▪ Reservation in educational institution has been provided in Article 15(4) while reservation
in posts and services has been provided in Article 16(4), 16(4A) and 16(4B) of the
Constitution.

25. ▪ Article 23 which prohibits traffic in human beings and beggar and other similar forms of forced
labour has a special significance for Scheduled Tribes.
▪ In pursuance of this Article, Parliament has enacted the Bonded Labour System (Abolition)
Act, 1976.
▪ Similarly, Article 24 which prohibits employment of Children below the age of 14 years in any
factory or mine or in any other hazards activity is also significant for Scheduled Tribes as a
substantial portion of child labour engaged in these jobs belong to Scheduled Tribes.
▪ Article 243D provides reservation of Seats for Scheduled Tribes in Panchayats.
▪ Article 330 provides reservation of seats for Scheduled Tribes in the House of the People.
▪ Article 332 provides reservation of seats for Scheduled Tribes in Legislative Assemblies of the
States.
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Other Measures to Promote Interests

26. Nutrition and Agriculture

27. Duty of the State to Raise the Level of
Nutrition – Article 47
27
“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
endeavor to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating
drinks and of drugs which are injurious to health”
▪ The Constitution directs the state to take measures to improve the condition of health
care of the people.
▪ It further mandates the state to prohibit the consumption of intoxicating drinks and drugs
except for medicinal purposes.

28. Alcohol Prohibition
▪ This has been a controversial provision as prohibition of total consumption of alcohol is
deemed to be violative of the liberty of an individual.
▪ In pursuance of this, The Nagaland Liquor Total Prohibition Act, 1989 and The
Lakshadweep Prohibition Regulation, 1979 have been enacted.
▪ In Khoday Distilleries Ltd vs State Of Karnataka , 1995 SCC (1) 574 , it was held
that Article 47 is one of the directive principles which is fundamental in the governance of
the country and the State has the power to completely prohibit the manufacture, sale,
possession, distribution and consumption of potable liquor as a beverage
▪ However, alcohol prohibition in India is in force only in states of Gujarat, Nagaland, Bihar,
Mizoram and Lakshadweep.
▪ All other Indian states and union territories permit the sale of alcohol, which serves as a
major source of revenue for the respective Government
28

29. Organisation of Agriculture and Animal
Husbandry – Article 48
▪ The main significance of Article 48 was purely to boost the agrarian economy, thereby
uplifting animal husbandry in the rural villages.
▪ In pursuance of this mandate, many states have enacted laws to prohibit slaughter of
cows, calves, other milch and draught cattle.
▪ Some of the legislations are as follows - Andhra Pradesh Prohibition of Cow Slaughter and
Animal Preservation Act, 1977, The Bihar Preservation and Improvement of Animals Act,
1955, Punjab Prohibition of Cow Slaughter Act, 1955.
▪ However, in the states of Arunachal Pradesh, Assam, Kerala, Mizoram, Meghalaya,
Nagaland, Tripura and West Bengal, there are no restrictions on cow slaughter and beef
is consumed here.
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“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.”

30. Judicial Precedents
▪ In several cases, such as Mohd. Hanif Qureshi v. State of Bihar, AIR 1959 SCR 629, and
Abdul Hakim and others v. State of Bihar, AIR 1961 SC 448 , the Hon’ble Supreme Court has
held that, "A total ban on cattle slaughter]was not permissible if, under economic
conditions, keeping useless bull or bullock be a burden on the society and therefore not in
the public interest.
▪ The Hon’ble Supreme Court’s ruling in the State of Gujarat v. Moti Qureshi Kassab, Appeal
(civil) 4937-4940 of 1998 interpreted Article 48 in consonance with Article 51A(g) of the
Constitution (Article 51A(g) being protection and improvement of Natural Environment
including forests, lakes, rivers and wildlife, and to have compassion for all living creatures),
thereby justifying it’s decision on a complete ban on bovine slaughter.
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31. Protecting Environment and
Objects of National Importance

32. Protection of Environment and
Safeguarding of Forests and Wild Life –
Article 48A
32
“The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life
of the country.”
▪ It was introduced by the Forty Second Constitutional Amendment Act, 1976.
▪ One of the serious man made disasters to the environment in India where many lost their
lives was the Bhopal Gas Tragedy in the year 1984.
▪ Since then, the need for protection of the environment has become an important issue to
concentrate on.
▪ This Article 48A is for the Protection and Improvement of environment and safeguarding
the forests and wildlife.

33. Bhopal Gas Tragedy, 1984
▪ The Bhopal Gas Tragedy Case: Union Carbide vs Union of India, 1990 AIR 273.
▪ The Bhopal disaster has brought in many legal questions on the responsibilities of
transnational companies indulged in unsafe activities which have potential effects on the
environment.
▪ On December 3rd, 1984, lethal and harmful chemicals were released from Union Carbide’s
manufacturer plant in Bhopal due to the negligence, and killed over 3,500 people and
caused health complications in over 1,00,000 people.
▪ The Bhopal gas leak disaster (Processing of Claims) Act, 1985 was enacted in the
Parliament to make sure that the compensation was paid to the victims of the Bhopal Gas
Tragedy.
▪ The Hon’ble Apex Court observed that more stringent laws with regard to environmental
pollution and liabilities for environmental crimes need to be enacted in pursuance of
Article 48A.
33

34. 34
Act Objective
The Environment (Protection) Act, 1986 To improve environmental quality, control
and reduce pollution from all sources
The Indian Forest Act and Amendment, 1984, To consolidate the law related to forest, the
transit of forest produce, and the duty
leviable on timber and other forest produce
The Wildlife Protection Act, Rules 1973 For the protection of birds and animals and
for all matters that are connected to it
whether it be their habitat or the waterhole
or the forests that sustain them.
The Forest (Conservation) Act and Rules, 1981 For the protection and conservation of the
forests.
The Biological Diversity Act , 2002 For the conservation of biological diversity,
sustainable use of its components, and fair
and equitable sharing of the benefits arising
out of the use of biological resources and
knowledge associated with it.
The Water (Prevention and Control of Pollution) Act ,
1974
To provide an institutional structure for
preventing and abating water pollution and
standards for water quality
Various Legislations in Place

35. Protection of Monuments and Places of
National Importance – Article 49
▪ This article mandates the state to protect artisitic and historic monuments, places or
objects.
▪ In Emca Construction Co. Thr. M.P. Gupta Vs. Archelological Survey of India and ors.,
164(2009)DLT515, it was noted that the Ancient Monuments Archaeological Sites and
Remains Act, 1958; Ancient Monuments Act, 1951 were enacted pursuant to the mandate
under Article 49.
▪ The Ancient Monuments Archaeological Sites and Remains Act, 1958 was enacted to
provide for the preservation of ancient and historical monuments and archaeological sites
and remains of national importance, for the regulation of archaeological excavations and
for the protection of sculptures, carvings and other like objects.
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“It shall be the obligation of the State to protect every monument or place or object of artistic or historic
interest, 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.”

36. ▪ In Taj Mahal case (M C Mehta V. Union of india, AIR 1997 SC 734), the Hon’ble Supreme
Court issued directions that coal and coke based industries in Taj Trapezium (TTZ) that
were damaging Taj ought to either modification over to gas or to be resettled outside TTZ.
▪ The Hon’ble Supreme Court further directed to safeguard the plants planted around Taj by
the Forest Department.
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Judicial Precedent

37. Thank You!
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