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Directive Principles and Fundamental Duties
What the State should aim for (Part IV), how it has clashed with Fundamental Rights in court, and what citizens owe the nation (Part IVA).
The Directive Principles of State Policy are in Part IV of the Constitution, Articles 36 to 51. The idea was drawn from the Irish Constitution. Article 37 says they cannot be enforced by any court, so they are non-justiciable; but they are fundamental in the governance of the country, and the State has a duty to apply them when making laws.
Some principles aim at social and economic justice. Article 38 asks the State to secure a social order based on justice and to minimise inequalities. Article 39 includes adequate means of livelihood, distribution of material resources for the common good, and equal pay for equal work for men and women. Article 41 covers the right to work, education and public assistance; Article 42, just and humane conditions of work and maternity relief; Article 43, a living wage for workers.
Other principles reflect Gandhian ideas: organising village panchayats (Article 40), promoting cottage industries (Article 43), protecting the educational and economic interests of Scheduled Castes, Scheduled Tribes and weaker sections (Article 46), prohibiting intoxicating drinks harmful to health (Article 47), and prohibiting the slaughter of cows and calves (Article 48). Still others are broadly liberal: a Uniform Civil Code for citizens (Article 44), protecting monuments (Article 49), separating the judiciary from the executive (Article 50), and promoting international peace (Article 51).
Several principles were added later. The 42nd Amendment (1976) added Article 39A (equal justice and free legal aid), Article 43A (workers' participation in the management of industries) and Article 48A (protecting the environment, forests and wildlife). The 44th Amendment (1978) added Article 38(2) on reducing inequalities in income. The 86th Amendment (2002) changed Article 45 to early childhood care and education for children below six, and the 97th Amendment (2011) added Article 43B on cooperative societies.
Courts have had to settle conflicts between Fundamental Rights and Directive Principles. In Champakam Dorairajan (1951), the Supreme Court held that Fundamental Rights prevail. In Golaknath (1967), it held that Parliament could not amend Fundamental Rights; Kesavananda Bharati (1973) overruled this but limited amendments by the basic structure. In Minerva Mills (1980), the Court held that the balance between Fundamental Rights and Directive Principles is itself part of the basic structure.
The Fundamental Duties are in Part IVA, Article 51A. The 42nd Amendment (1976) added them on the recommendation of the Swaran Singh Committee; the idea is often traced to the Constitution of the former USSR. There were originally ten duties. The 86th Amendment (2002) added an eleventh: a parent or guardian must provide opportunities for education to a child aged 6 to 14. The duties apply to citizens and, like the Directive Principles, are not directly enforceable by courts.
The duties include: to abide by the Constitution and respect the national flag and national anthem; to cherish the ideals of the freedom struggle; to uphold the sovereignty, unity and integrity of India; to defend the country; to promote harmony and renounce practices derogatory to the dignity of women; to preserve the country's composite culture; to protect the natural environment; to develop the scientific temper; to safeguard public property and abjure violence; and to strive towards excellence.
Exam traps
- Directive Principles are non-justiciable (Article 37) but 'fundamental in the governance of the country'.
- The idea of Directive Principles came from the Irish Constitution; Fundamental Duties are traced to the former USSR's Constitution.
- Fundamental Duties were added by the 42nd Amendment (1976) on the Swaran Singh Committee's recommendation; the 11th duty was added by the 86th Amendment (2002).
- Article 48A (environment) is a Directive Principle; protecting the environment is also a Fundamental Duty under Article 51A(g). Don't mix up the two articles.
- Minerva Mills (1980): the balance between Fundamental Rights and Directive Principles is part of the basic structure.
Recap
- Directive Principles: Part IV, Articles 36–51; from the Irish Constitution; non-justiciable (Article 37).
- Socio-economic (Articles 38, 39, 41, 42, 43), Gandhian (40, 43, 46, 47, 48) and liberal (44, 49, 50, 51) principles.
- Added later: 39A, 43A, 48A (42nd), 38(2) (44th), 43B (97th); Article 45 changed by the 86th.
- Champakam (1951) → Golaknath (1967) → Kesavananda (1973) → Minerva Mills (1980, balance is basic structure).
- Fundamental Duties: Part IVA, Article 51A; 42nd Amendment 1976 (Swaran Singh Committee); 11 duties after the 86th Amendment.
Practice questions
Q1. Which of the following Articles were inserted into Part IV by the 42nd Amendment, 1976?
1. Article 39A
2. Article 43A
3. Article 48A
4. Article 44
Select the correct answer using the code below.
- 1 and 2 only
- 1, 2 and 3 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Show answer
Answer: B. 1, 2 and 3 only
The 42nd Amendment added Articles 39A, 43A and 48A. Article 44 (Uniform Civil Code) was in the original Constitution.
Q2. Which of the following Directive Principles is generally classified as Gandhian?
- Uniform Civil Code (Article 44)
- Organisation of village panchayats (Article 40)
- Separation of judiciary from executive (Article 50)
- Promotion of international peace (Article 51)
Show answer
Answer: B. Organisation of village panchayats (Article 40)
Village panchayats reflect Gandhian ideas of self-governing villages. Articles 44, 50 and 51 are usually classed as liberal principles.
Q3. In which case did the Supreme Court hold that the balance between Fundamental Rights and Directive Principles is part of the basic structure of the Constitution?
- State of Madras v. Champakam Dorairajan (1951)
- I. C. Golaknath v. State of Punjab (1967)
- Minerva Mills v. Union of India (1980)
- S. R. Bommai v. Union of India (1994)
Show answer
Answer: C. Minerva Mills v. Union of India (1980)
Minerva Mills (1980) held that harmony and balance between Parts III and IV is a basic feature. Champakam (1951) gave Fundamental Rights priority; Golaknath (1967) barred amendment of Fundamental Rights.
Q4. Consider the following statements about Fundamental Duties:
1. They were part of the original Constitution of 1950.
2. The duty of a parent or guardian to provide opportunities for education to a child aged 6 to 14 was added by the 86th Amendment.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: B. 2 only
Fundamental Duties were added by the 42nd Amendment in 1976, not in 1950. The 11th duty, on education, came with the 86th Amendment (2002).
Q5. The concept of Directive Principles of State Policy in the Indian Constitution was borrowed from the Constitution of:
- United States of America
- Ireland
- Canada
- Former USSR
Show answer
Answer: B. Ireland
Directive Principles were inspired by the Irish Constitution. The former USSR is linked with Fundamental Duties; the USA with Fundamental Rights and judicial review; Canada with a federation having a strong Centre.
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- Constitution of India, Part IV (Articles 36–51) and Part IVA (Article 51A) — https://legislative.gov.in/constitution-of-india/
- Constitution (Forty-second Amendment) Act, 1976; (Forty-fourth Amendment) Act, 1978; (Eighty-sixth Amendment) Act, 2002; (Ninety-seventh Amendment) Act, 2011 — https://www.indiacode.nic.in
- State of Madras v. Champakam Dorairajan (1951); I. C. Golaknath v. State of Punjab (1967); Kesavananda Bharati v. State of Kerala (1973); Minerva Mills v. Union of India (1980) — https://main.sci.gov.in