Important Directive Principles

Directive principles of state policy short notes are described below:

1. Uniform Civil Code.

Uniform Civil Code means a single uniform law applicable to all citizens, irrespective of religion, which governs matters like marriage, divorce, adoption, guardianship, etc. In the Constituent Assembly, an objection was taken regarding the inclusion of this provision. The objection was countered by the reasoning that uniform law applicable would promote national unity.

The enactment of a uniform civil code will strengthen the secularism feeling of separation and divisiveness will disappear. Ms. Jordan v. SS Chopra, SC held that laws relating to marriage should be given uniformity irrespective of religion.

The Supreme Court suggested providing for uniform civil code for marriage and divorce. Similarly in Mohd Ahmed Khan v. Shah Bano Begum, AIR 1985, SC 945 Supreme Court emphasized that a common civil code will create National integration by removing the different ideologies of different laws. In the absence of the Code, the role of reformer of law has to be assumed by the courts themselves.

2. Free Legal Aid

In Article 39A Free Legal Aid is the operation of the legal system that promotes justice on a basis of equal opportunity and provide free legal aid, by suitable legislation or schemes.

In 2014, Manoharan v. Sivarajan, by SCC 163 held that Article 39A provides for a holistic approach in imparting justice to the litigating parties. It not only includes provision for free legal services through the appointment of counsel, but it also includes ensuring that justice is not denied to litigating parties due to financial difficulties.

Legal Services Authority Act, 1987 was enacted by parliament to provide free legal aid to indigenous people. This legislation comprehensively provides for the rendition of free legal aid at all levels. Supreme Court in Anita Kushwaha v. Pushapa Sudan, (2016) 8 SCC 509 held that legal aid to the needy has been recognized as one of the facets of access to justice, and affordability of justice has been taken care of by the State-sponsored legal aid programs under the Legal Services Authority Act, 1987.

It must be noted that legal assistance to poor and indigent persons is constitutionally mandated not only under Article 39A but also under Article 21. Thus, free legal assistance at State’s cost has been raised to the status of fundamental rights.

3. Equal pay for Equal Work

Article 39(d) provides that the State has to ensure that there is equal pay for equal work for both men and women.

Parliament has enacted the Equal Remuneration Act, 1976 to implement Article 39(d). The Act provides for payment of equal remuneration to men and women for the same work or work of similar nature and for the prevention of discrimination on grounds of sex. Randhir Singh v. Union of India, (AIR 1982 SC 879), held that the directive principle of equal pay for equal work is not a fundamental right but since it is a constitutional goal in supreme court. it can be enforced through Article 32. In Grih Kalyan Kendra v Union of India,

After that AIR 1991 SC 1173 Supreme Court held that the provision of ‘equal pay for equal work has not been expressly declared to be a fundamental right but it has assumed the status of fundamental right by construing Articles 14 and 16 in light of Article 39(d). This principle may be properly applied to cases of unequal scales of pay based on no classification or irrational classification.

4. Living Wage

Article 43 requires the State to endeavour to secure by suitable legislation, or economic organization, or in any other way. The term ‘living wage’ is not defined in Article 43. The term “living wage” means a wage that not only provides essentials like food, clothing, and shelter but also measures of frugal comfort including education for children, protection against ill health, requirements of essential social needs, etc. It is contradistinguished with a minimum wage which means a wage sufficient to cover bare physical needs. Fixing minimum wages under the Minimum. The Wages Act has been characterized as the first step in the direction of fulfilling the mandate of Article 43.

Directive Principles of State Policy aims to create social and economic conditions under which citizens can live a good standard of life. Directive Principle of state policy is the ideology of the Irish Constitution. The concept of Directive Principles of State Policies (DPSP) is borrowed from Article 45 of the Irish Constitution.

In Part IV of the Indian Constitution (Article 36–51), Directive Principles of state policies (DPSP) are mentioned. Article – 37 of the Indian Constitution deals with the application of the Directive Principles.

But In this article, we will be covering What are the Directive Principles of State Policy?