India as a Welfare State

SPECIAL PROJECT REPORT ON-

INDIA AS A WELFARE STATE

PROJECT SUBMITTED TO-

DR. ANITA SAMAL

(FACULTY OF POLITICAL S CIENCE )

PROJECT SUBMITTED BY-

PANKAJ SHARMA
ROLL NO 100
SEMESTER I
SECTION A
Submitted On: October 08,2016

HIDAYATULLAH NATIONAL LAW UNIVERSITY,

RAIPUR

India as a Welfare State

CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled India as a Welfare State submitted to
HNLU, Raipur, is record of an original work done by me under the able guidance of Dr.
Anita Samal, Faculty Member, HNLU, Raipur.

Pankaj Sharma
Roll No. - 100
Semester I
Section - A
Batch - XIV
Date- 06 October, 2016

India as a Welfare State

ACKNOWLEDGEMENTS

This is not just a customary acknowledgement of help that I received but a sincere expression
of gratitude to all those who have helped me to complete this project and made it seem
apparently more readable than otherwise it would have been.
I am in debt to my faculty advisor DR. ANITA SAMAL for giving such an interesting and
wonderful topic INDIA AS A WELFARE STATE and who has been extremely kind to
make space for all my enthusiasm & endeavors and making it seem easy by clearly
explaining its various aspects.
I am also grateful to all my friends and seniors who have given their valuable suggestions
pertaining to the topic and have been a constant source of help and support.

Thanking everyone.

Pankaj Sharma

India as a Welfare State

CONTENTS

CERTIFICATE OF DECLARATION........................................................................................
1
DECLARATION........................................................................................1
ACKNOWLEDGEMENTS.......................................................................................................
2
ACKNOWLEDGEMENTS.......................................................................................................2
INTRODUCTION......................................................................................................................
4
INTRODUCTION......................................................................................................................4
RESEARCH METHODOLOGY------------------------------------------------6
OBJECTIVES OF THE STUDY------------------------------------------------

SCOPE OF THE STUDY---------------------------------------------------------6

CHAPTERIZATION OF STUDY -----------------------------------------------6
WHAT IS A WELFARE STATE?..............................................................................................
7
STATE?..............................................................................................7
DIRECTIVE PRINCIPLES OF STATE POLICY.8
POLICY.8
FEATURES OF THE DIRECTIVE PRINCIPLES................................................................
9
PRINCIPLES................................................................9
TYPES OF DIRECTIVE PRICIPLES.....................................................................................
11
PRICIPLES.....................................................................................11
A. PRINCIPLES PROMOTING SOCIAL AND ECONOMIC EQUALITY.....................
8
EQUALITY.....................8
B. PRINCIPLES RELATED TO GANDHIAN THOUGHT...............................................
9
THOUGHT...............................................9
C. PRINCIPLES RELATED TO INTERNATIONAL PEACE AND SECURITY.............
9
SECURITY.............9
D. MISCELLANOUS PRINCIPLES..................................................................................
9
PRINCIPLES..................................................................................9
FUNDAMENTAL RIGHTS.....................................................................................................
11
RIGHTS.....................................................................................................11
DIFFERENCE BETWEEN DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS 13
IMPLEMENTATION OF DIRECTIVE PRINCIPLES OF STATE POLICY.........................
15
POLICY.........................15
CONCLUSION........................................................................................................................
16
CONCLUSION........................................................................................................................16
BIBLIOGRAPHY....................................................................................................................
17
BIBLIOGRAPHY....................................................................................................................17

India as a Welfare State

INTRODUCTION
One of the salient features of the Indian constitution is the effort to establish a welfare state.
The Preamble and the Directive Principles of State Policy make it amply clear our goal is a
welfare and socialist state through democratic means.
In the strictest sense, a welfare state is a government that provides for the welfare, or the
well-being, of its citizens completely. Such a government is involved in citizens lives at
every level. It provides for physical, material, and social needs rather than the people
providing for their own. The purpose of the welfare state is to create economic equality or to
assure equitable standards of living for all.
The term welfare state was allegedly coined in 1941 by Sir William Temple in Britain in his
description of the difference between National Socialist Germany (a warfare state) and
British society (a welfare state).
The Preamble promises to secure to the Indian people Justice-social, economic and political.
The Directive Principles are non justifiable (cannot be enforced by a court of law); none the
less they are regarded as fundamental in the governance of the country.1
Socialism, as envisioned in the Indian Constitution, aims at elimination of inequality in
income, status and standards of life. In many decisions, courts have interpreted socialism' to
mean a kind of social democracy which comes closer to the conception of a social welfare
state as seen in the Constitutions of France and Germany. The Constitution itself, however,
does not define the term, but merely implies the above meaning through the rest of its
provisions.
In exercise of socialism, the Constitution provides what are called the Directive Principles of
State Policy in Part four. These principles are not justifiable in a court of law, meaning that
one cannot file a proceeding because a Directive Principle has not been enacted or been
denied. However, this does not render them redundant as they recognize the long-term but
fundamental goals of a welfare state which help in defining the path of development the
country is to follow, and it is the duty of the State to apply them while making laws. By their
very name, they are Directive principles, principles which help the government direct their
functions in order to make India what the Constitution-makers wanted it to be. Further,
1 http://www.preservearticles.com/2011091313325/whether-india-is-a-welfare-state.html
4

India as a Welfare State

Article 38 provides a mandate for the State to secure a social order for the promotion of
welfare of the people'.2
Article 39 lays down six Directive Principles. Some of these are to ensure means of equal
livelihood to men and women, ownership and control of resources be distributed to serve the
best interests of the people, there is no concentration of wealth, there is equal pay for equal
work of men and women, etc.
Article 39A, inserted by the Constitution (Forty-second Amendment) Act of 1976, imposes a
mandate on the state to provide equal justice and free legal aid.

2 http://www.lawteacher.net/indian-law/essays/india-is-a-welfare-state.php
5

India as a Welfare State

RESEARCH METHODOLOGY
The paper is descriptive in nature and doctrinal in approach. It is largely based on secondary
and electronic sources. The researcher has mainly resorted to several online articles for the
completion of the project. However the documentary material in the form of books and
articles in the library has also been referred to for the subject matter at hand. The mode of
citation used in the project is Bluebook (19th Ed.) Citation Format.

OBJECTIVES OF THE STUDY

To discuss about how India secures its people in Justice, Social, Economic and Political

fields.
To discuss about the meaning of Welfare State.
To discuss about the types of Directive Principles and its advantages.
The various Fundamental Rights provided to the citizens of India.
How the Directive Principles have been implemented in the country.

SCOPE OF THE STUDY

The scope of my study includes welfare state, and little glimpse DPSPs and Fundamental
rights. In my study I have included various Functions of the welfare State. Under it I have
also covered the how the Directive Principles have been implemented in the country.

ORGANISATION OF THE STUDY

I have divided my research paper into five parts. Firstly, I have mentioned about India as a
welfare State, objectives, scope, organisation and methodology of the study. In the second
part I have discussed about the Directive principles of the constitution. In the third part I have
discussed about the Fundamental Rights. In the fourth part I have distinguished between
6

India as a Welfare State

Directive Principle and Fundamental Rights. At last, in the fifth part I have concluded by
analyzing the above said data and complying them into a general hypothesis.

Chapter-2
WHAT IS A WELFARE STATE?
India is described as a welfare state. There are a number of other nations in the world, which
are also described as welfare states. Welfare State is a concept of government in which the
state plays a key role in the protection and promotion of economic and social well-being of its
citizens. A welfare state is based on the principles of equality of opportunity and equitable
distribution of wealth. It also focuses on the governmental responsibility for those who are
unable to avail themselves of the minimal provisions of a good life. Under this system, the
welfare of its citizens is the responsibility of the state. 3 India was not a welfare state before
independence. The British rule was not very interested in protecting and promoting the
welfare of the people. Whatever it did was in keeping with the interests of the British colonial
government and not in the interests of the people of India.
When India attained independence, it had innumerable problems and challenges. The social
and economic inequality was all pervasive. Economically, Indias situation was miserable.
Socially also India was having a number of problems. There were social inequalities and all
the vulnerable sections of the society such as women, dalits, children were deprived of basic
means of living. The Constitution makers were very much aware of the problems. That is
why, they decided that India would be a welfare state. As you must have seen, India is
described as a sovereign socialist secular democratic republic in the Preamble of the Indian
Constitution. Accordingly, the Constitution has extensive provisions to ensure social and
economic welfare of the people of India. In this regard two specific provisions have been
made, one in the form of Fundamental Rights and the other as Directive Principles of State
Policy.
The Fundamental Rights embodied in Part III of the Indian Constitution act as a guarantee
that all Indian citizens can and will enjoy civil liberties and basic rights. These civil liberties
take precedence over any other law of the land. They are individual rights commonly
included in the Constitutions of liberal democracies. Some of these important rights are:
3 http://www.britannica.com/EBchecked/topic/639266/welfare-state
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India as a Welfare State

equality before the law, freedom of speech and expression, freedom of association and
peaceful assembly, freedom of religion, and the right to constitutional remedies for the
protection of civil rights. But this was not enough. Indian citizens also needed opportunities
for economic and social development. That is why Part IV on Directive Principles of State
Policy was included in the Indian Constitution.

Chapter-3
DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy are guidelines to the central and state governments of
India, to be kept in mind while framing laws and policies. These provisions, contained in Part
IV of the Constitution of India, are not enforceable by any court, but the principles laid down
therein are considered fundamental in the governance of the country, making it the duty of the
State to apply these principles in making laws to establish a just society in the country. The
principles have been inspired by the Directive Principles given in the Constitution of Ireland
and also by the principles of Gandhism; and relate to social justice, economic welfare, foreign
policy, and legal and administrative matters.4
The main aim of these principles is to create social and economic conditions under which all
the citizens can lead a good life. In other words it is to establish social and economic
democracy in the country. These principles act as a yardstick in the hands of the people to
measure the performance of governments in respect of achieving the objective. All executive
agencies have to be guided by these principles. Even the judiciary has to keep them in mind
while deciding cases.
FEATURES OF THE DIRECTIVE PRINCIPLES

All the ideals given in the directive principles of state policy are supposed to be taken

into consideration by the policy makers while formulating the policy on any issue.
They have close resemblances with the instrument of instructions mentioned in the

Government of India Act of 1935.

They in a way give the method to create a welfare state.
They are non-justiciable in nature i.e. they are not enforceable in the court of law.
Though they are non-justiciable in nature they are used by the courts in examining
and determining the constitutional validity of a law.

4 http://www.civilserviceindia.com/subject/Law/notes/fundamental-right-principles.html
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India as a Welfare State

TYPES OF DIRECTIVE PRICIPLES

If you go through the directive principles stated in the Constitution, you will find that they are
of different types. Some are concerned with socio economic development, some are related to
Gandhian thought, and some to foreign policy. The Constitution does not classify them under
different heads, but for our better understanding, we may classify them under the following
specific categories:
A.
B.
C.
D.

Principles promoting social and economic equality;

Principles related to Gandhian thought;
Principles related to International peace and security; and
Miscellaneous Principles.

A. PRINCIPLES PROMOTING SOCIAL AND ECONOMIC EQUALITY

There are certain principles that are very important for realizing the goals of social and
economic democracy in India. Many people in India have been suffering from social and
economic inequalities since ages. The following principles, in particular, are aimed at
ensuring economic and social equality:
a. The state should ensure for its people adequate means of livelihood.
b. The state should ensure fair distribution of the material resources of the country for
the common good.
c. The state should distribute the wealth in such a way that the wealth is not
concentrated in a few hands.
d. There should be equal pay for equal work for both men and women.
e. The state is directed to take steps to impart compulsory and free education to the
children up to the age of 14 years.
f. The state should try to secure participation of workers in the management of the
factory.
g. Childhood and Youth should be protected against exploitation. Men, women and
children should not be forced by economic necessity to enter jobs and vocations not
suited to their age or strength.
h. The state should ensure to the people (a) the right to work (b) the right to education
(c) the right to state assistance in cases of unemployment, old age, sickness and
disablement.
i. The state should make provisions for securing just and humane conditions of work
for the workers and maternity relief for women.

India as a Welfare State

B. PRINCIPLES RELATED TO GANDHIAN THOUGHT

Gandhian thinking promotes a non-violent social order. Swaraj ( Self-rule) ,Sarvodaya
( welfare for all ) and svavlambam(self-reliance) are the basic principles of Gandhian
thought. We are all well aware that Mahatma Gandhi was in the forefront of freedom
movement. His philosophy and actions guided not only our freedom movement but also the
framing of the Indian Constitution. The following Directive Principles in particular reflect
Gandhian thought:
a. The state shall promote the educational and economic interests of the weaker sections
of the society and in particular the interests of the scheduled castes and scheduled
tribes.
b. The state shall take steps to organize the village panchayats. These panchayats should
be given such powers and authority as may be necessary to enable them to function as
units of self government.
c. The state shall make efforts to prevent the consumption of alcoholic drinks and other
harmful drugs.
d. The state shall try to promote cottage industries in rural areas.
e. The state shall take steps to improve the quality of livestock and ban the slaughter of
cows and calves and other milch and draught cattle.
C. PRINCIPLES RELATED TO INTERNATIONAL PEACE AND SECURITY
The Constitution makers included some principles which provide guidelines to our foreign
policy. These are:
a.
b.
c.
d.

The state shall promote international peace and security.

The state shall endeavor to maintain just and honorable relations with other nations.
The state shall foster respect for international laws and treaty obligations.
The state shall encourage settlement of international disputes by arbitration, i.e.
mutual agreement.

D. MISCELLANOUS PRINCIPLES
Besides, there are some notable Directive Principles which do not come under any of the
above mentioned categories. These are as follows:
a. The State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country.
b. The state shall take steps for the maintenance and protection of the historical
monuments, places or objects of national importance.
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India as a Welfare State

c. The state shall aim at establishing a uniform civil code for all citizens throughout the
country.
d. The state shall take steps to separate the Judiciary from Executive.

Chapter-4
FUNDAMENTAL RIGHTS
The Fundamental Rights in Indian constitution acts as a guarantee that all Indian citizens can
and will live their lives in peace as long as they live in Indian democracy. They include
individual rights common to most liberal democracies, such as equality before the law,
freedom of speech and expression, freedom of association and peaceful assembly, freedom of
religion, and the right to constitutional remedies for the protection of civil right.
Originally, the right to property was also included in the Fundamental Rights, however, the
Forty-Fourth Amendment, passed in 1978, revised the status of property rights by stating that
"No person shall be deprived of his property save by authority of law."5
Following are the Fundamental Rights in India

Article 14 :- Equality before law and equal protection of law

Article 15 :- Prohibition of discrimination on grounds only of

religion, race, caste, sex or place of birth.

Right to Equality

Article 16 :- Equality of opportunity in matters of public

employment

Article 17 :- End of untouchability.

Article 18 :- Abolition of titles, Military and academic

distinctions are, however, exempted

Right to Freedom

Article 19 :- It guarantees the citizens of India the following

5 http://www.constitution.org/cons/india/p03.html
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India as a Welfare State

six fundamentals freedoms:1. Freedom of Speech and Expression

2. Freedom of Assembly
3. Freedom of form Associations
4. Freedom of Movement
5. Freedom of Residence and Settlement
6. Freedom of Profession, Occupation, Trade and
Business

Article 20 :- Protection in respect of conviction for offences

Article 21 :- Protection of life and personal liberty

Article 22 :- Protection against arrest & detention in certain

cases6

Right Against
Exploitation

Article 23 :- Traffic in human beings prohibited

Article 24 :- No child below the age of 14 can be employed

Article 25 :- Freedom of conscience and free profession,

Right to freedom of
Religion

practice and propagation of religion

Article 26 :- Freedom to manage religious affairs

Article 27 :- Prohibits taxes on religious grounds

6 http://www.facts-about-india.com/fundamental-rights-in-India.php
12

India as a Welfare State

Article 28 :- Freedom as to attendance at religious ceremonies

in certain educational institutions

Cultural and

Article 29 :- Protection of interests of minorities

Article 30 :- Right of minorities to establish & administer

Educational Rights

educational institutions

Article 31 :- Omitted by the 44th Amendment Act.7

Article 32 :- The right to move the Supreme Court in case of

their violation (called Soul and heart of the Constitution by

Right to

B.R. Ambedkar)

Constitutional
Remedies

Forms of Writ check

Chapter-5
DIFFERENCE BETWEEN DIRECTIVE PRINCIPLES AND
FUNDAMENTAL RIGHTS
The Directive Principles aim at establishing a welfare state. The aim of Fundamental rights is
also the same; but there are some basic differences between the two. 8
First, Directive Principles are not justifiable. No constitutional provision or law binds the
government to implement these. Fundamental rights are justifiable and enforceable.

7 http://www.vakilno1.com/bareacts/constitution/constitutionofindia.html
8 http://www.importantindia.com/2041/fundamental-rights-and-directiveprinciples-of-state-policy/
13

India as a Welfare State

Fundamental rights cannot be denied to any citizen. These are protected by the Supreme
Court and High Courts.
Second, these principles are only instructions or directions for the state to frame policies to
implement them. Such policies should be a step towards realizing the goals of a welfare state.
Fundamental Rights have been ensured by the Constitution and the state is bound to protect
the rights of all its citizens.
Third, even in respect of the placement in the Constitution, the Directive Principles come
after the Fundamental Rights. It means that importance of Fundamental rights is more than
that of Directive Principles.
However, it is important to appreciate that Directive Principles cannot be ignored even if
these do not have the same kind of constitutional sanction as the Fundamental Rights.
Implementation of Directive Principle enhances the credibility and popularity of any
government, which and as we all know is the basis for regaining power in a democracy.
Moreover, it is also apparent that the aim of both the Fundamental rights and Directive
Principles is the same. They are not contradictory but complementary to each other.

Chapter-6
IMPLEMENTATION OF DIRECTIVE PRINCIPLES
OF STATE POLICY
Although there is no legal force behind the Directive Principles and there is no obligation on
the state to enforce them, yet the governments have been implementing these principles like
the Sarva Shiksha Abhiyan, a massive programme of the Central government being
implemented in all the States of India, Right To Education Act, 20099 passed by the Indian
Parliament etc. Some of the implemented principles are:

Minimum wages have been fixed in almost all the spheres of employment.
Equal wages for equal work for both men and women have been enacted.
Various programmes have been launched to boost rural employment. Mahatma
Gandhi National Rural Employment Guarantee Act (MGNREGA) and Swaran
Jayanti Gram Swarojgar Yozna are the examples.

9 http://www.yourarticlelibrary.com/policies/implementation-of-the-directiveprinciples-of-state-policy-in-india/5499/
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India as a Welfare State

Panchayati Raj has been given constitutional status. Village Panchayats have been set

up and are functioning at village level.

The Eighty-sixth constitutional amendment was adopted to ensure provision for free
and compulsory education for children and the Right to Education Act was passed in

2009 to make it a fundamental right.

Many laws have been passed to protect children from exploitation.
A number of welfare schemes have been implemented for the poor and backward
classes and also for scheduled castes and scheduled tribes. Seats have been reserved

for them in the Parliament and Vidhan Sabhas.

Several laws and welfare schemes have been launched to protect women from

exploitation.
The forty second constitutional amendment added a Directive principle , which
ensures Protection and improvement of environment and safeguarding of forests and
wild life. A number of Programmes like Save the Tiger project Rhino, elephant etc.
are being implemented in pursuance of the newly added directive principle. Judiciary

has been separated from the executive.

Cottage industries have been established and protected by giving tax concessions.
Our foreign policy is in consonance with the principles of international peace and

security, and maintaining just and honourable relations between nations.

The Government of India supports and works for world peace.

In view of the above, it is clear that governments at central, state and local levels are working
for the implementation of the Directive principles. A lot of work has been done but still
problems of poverty, unemployment, poor health and illiteracy do exist. The spirit of
Directive Principles is to improve the quality of life of people. This is a continuous process
and the efforts of the government showing some results. There are challenges that need
comprehensive response based on the Directives Principles.

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India as a Welfare State

Chapter-7
CONCLUSION
India has suffered, like most developing countries, from declining foreign investment, poor
export performance, and a depreciating currency. But even pessimistic estimates project 5 per
cent growth in the coming fiscal year.
The measures that India should take to get its economic narrative back on track are the stuff
of heated debate among economists and pundits. But for the aam aadmi the common man
in whose name every party claims to speak these debates pale in significance beside the
major steps taken to build a social safety net in a country where everyone had been expected
to fend for himself.
In recent years most of states have tended to take up a number of welfare measure mainly for
the poor and weak. No doubt, as a result of this, the state has grown more intrusive and
powerful, and the liberty of individual, to some extent, has been curtailed. In spite of this risk,
16

India as a Welfare State

the acceptability of welfare state has increased. The ideal of welfare has won more of support
even in capitalist countries.
As a welfare State, India is committed to the welfare and development of its people,
particularly the vulnerable sections like the scheduled castes (SCs), scheduled tribes (STs),
backward classes, minorities and the handicapped. This section of the society constitutes
nearly 85% of the population. India is a country which has accepted the notion of Welfare
State by accepting the liability towards securing the public welfare and to sub-serve the
interest of all citizens.

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India as a Welfare State

BIBLIOGRAPHY
STATUTES
1. The Constitution of India, 1950
BOOKS
O. P. Gauba, An Introduction to Political Theory 5

th

Edition

WEBSITES
1. http://gulfnews.com/opinions/columnists/india-embraces-the-welfare-state1.1231829
2. http://www.preservearticles.com/2011091313325/whether-india-is-a-welfare3.
4.
5.
6.

state.html
http://www.lawteacher.net/indian-law/essays/india-is-a-welfare-state.php
http://www.vakilno1.com/bareacts/constitution/constitutionofindia.html
http://www.constitution.org/cons/india/p03.html
http://www.preservearticles.com/201012301972/difference-between-fundamental-

right-and-directive-principles-of-state-policy.html
7. http://www.importantindia.com/2041/fundamental-rights-and-directive-principles-ofstate-policy/
8. http://www.facts-about-india.com/fundamental-rights-in-India.php
9. Is India a Welfare State, https://keralasocialworker.wordpress.com/2013/11/11/is
-india-a- welfare-state/
10. Welfare State, http://www.britannica.com/topic/welfare -state
11. An Article on Concept of Welfare State and its relevance in Indian Scenario,
http://www.legalservicesindia.com/article/article/concept -of-welfare-state-and-itsrelevance in- indian-scenario-507-1.html

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