Directive Principles

• Constitution divides rights into justiciable and non-justiciable (as advised by Sir B N Rau)
• Source: Instrument of Instruction of 1935 GoI Act and Irish Constitution
• Art. 37: DPSP are fundamental to governance and it shall be the duty of the state to apply them in making laws.
• 1971, 25th Amendment:
• – No law for DPSP Art. 39 (b)&(c) shall be void for violating FR of Art.s 14, 19, 31
• 1976, 42nd Amendment:
• – extended scope of 25th Amendment to all DPSP
• 1980, Minerva Mills case:
• – extension given by 42nd amendment held unconstitutional by SC.
• – SC also said that absolute primacy of one over other will disturb harmony of Constitution
• Present position is that FR enjoy supremacy over the DPSP.
• Parliament can amend the FR for implementing DPSP (without damaging basic structure of Constitution)
• Art. 39
• – (b) community resources be distributed to serve common good
• – (c) prevent concentration of wealth and means of production to the common detriment

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: Neither 1 nor 2

DPSPs are non-justiciable; they guide rather than limit legislative and executive functions.

1. 1 only
2. 2 only
3. 1 & 3 only
4. 2 & 3 only

Answer: 2 & 3 only

Art. 37: not enforceable by any court, but fundamental in the governance of the country and in making laws.

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: Both 1 and 2

DPSPs lay down socio-economic democracy and are non-justiciable.

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Rights
4. Seventh Schedule

Answer: Directive Principles of State Policy

The welfare-state ideal is enshrined in the Directive Principles.

1. political democracy
2. social democracy
3. Gandhian democracy
4. social and economic democracy

Answer: social and economic democracy

DPSPs aim at social and economic democracy.

1. Fundamental Rights
2. Fundamental Duties
3. Directive Principles of State Policy
4. Fundamental Rights and Fundamental Duties

Answer: Directive Principles of State Policy

Art. 37 calls DPSPs fundamental in the governance of the country.

1. the Right to Equality
2. Directive Principles of State Policy
3. the Right to Freedom
4. the Concept of Welfare

Answer: Directive Principles of State Policy

Art. 39(c) directs the State to prevent concentration of wealth.

• 1. 42nd Amendment, 1976:
• – a. Secure opportunities for healthy development of children (Art. 39)
• – b. Promote equal justice and provide free legal aid to the poor (Art. 39A)
• – c. Secure participation of workers in management of industries (Art. 43A)
• – d. Protect and improve environment to safeguard forests and wild life (Art. 48A)
• 2. 44th Amendment 1978:
• – a. Minimize inequalities in income, status, facilities, opportunities (Art. 38)
• 3. 86th Amendment 2002
• – a. provide early childhood care and education for all children until six years of age (Art. 45)
• 4. 97th Amendment 2011
• – a. Promote co-operative societies (Art. 43B)

1. Primacy to FRs over DPSPs
2. Primacy to DPSP over FRs
3. Special treatment to J&K
4. Special treatment to Sikkim

Answer: Primacy to DPSP over FRs

The 42nd Amendment extended Art. 31C protection to all DPSPs, giving them primacy over FRs (later struck down in Minerva Mills).

1. Equal pay for equal work for both men and women
2. Participation of workers in management of industries
3. Right to work, education and public assistance
4. Securing living wage and human conditions of work to workers

Answer: Participation of workers in management of industries

Art. 43A — participation of workers in management of industries — was added by the 42nd Amendment.

• Art. 36 — Definition of the state. —
• Art. 37 — Application of the principles contained in this Part. —
• Art. 38 — State to secure a social order for the promotion of welfare of the people. — Amended by 44th Amendment, 1978
• Art. 39 — Certain principles of policy to be followed by the State. — Amended by 44th Amendment, 1978
• Art. 39A — Equal justice and free legal aid. — Added by 42nd Amendment, 1976
• Art. 40 — Organisation of village panchayats. —
• Art. 41 — Right to work, to education and to public assistance in certain cases. —
• Art. 42 — Just and humane conditions of work and maternity relief. —
• Art. 43 — Living wage, etc., for workers. —
• Art. 43A — Participation of workers in management of industries. — Added by 42nd Amendment, 1976
• Art. 44 — Uniform civil code for the citizens. —
• Art. 45 — Early childhood care and education to children below six years. — Amended by 86th Amendment, 2002
• Art. 46 — Promotion of educational and economic interests of SCs, STs and other weaker sections. —
• Art. 47 — Raise the level of nutrition and the standard of living; improve public health. —
• Art. 48 — Organisation of agriculture and animal husbandry. —
• Art. 48A — Protection and improvement of environment; safeguarding forests and wildlife. — Added by 42nd Amendment, 1976
• Art. 49 — Protection of monuments and places and objects of national importance. —
• Art. 50 — Separation of judiciary from executive. —
• Art. 51 — Promotion of international peace and security. —

• ✗ Constitution classifies DPSPs into categories: Socialistic, Gandhian,
• ✗ Liberal-intellectual

• 1. Promote welfare; Secure justice (social, economic, political); Minimize inequalities in income, status, etc.
• 2. Livelihood for all; equal distribution of resources; equal pay for equal work
• 3. Free legal aid to poor (Art 39A)
• 4. Right to work & education; assistance for unemployed, old age, sick, disabled
• 5. Humane conditions of work; Maternity relief
• 6. Living wage for workers
• 7. Participation of workers in industries (Art 43A)
• 8. Better nutrition, standard of living, public health

• 1. Empower village panchayats (Art. 40)
• 2. Promote cottage industries
• 3. Promote cooperate societies (Art 43B)
• 4. Promote education & economic interest of SC/ST/weaker sections (Art 46)
• 5. Prohibit intoxicating drinks and drugs
• 6. Prohibit slaughter of cows (Art 48)

• 1. Secure Uniform Civil Code (Art 44)
• 2. Care/education for children till 6 years of age (Art 45)
• 3. Agri and animal husbandry on scientific lines
• 4. Protect environment (Art 48A)
• 5. Protect monuments
• 6. Separate judiciary from executive (Art 50)
• 7. International peace, security, arbitration (Art 51)

1. 1, 2 and 4 only
2. 2 and 3 only
3. 1, 3 and 4 only
4. 1, 2, 3 and 4

Answer: 2 and 3 only

Village panchayats (Art. 40) and cottage industries (Art. 43) are Gandhian; UCC is liberal-intellectual; leisure for workers is socialistic.

1. 1 Only
2. 2 Only
3. Both 1&2
4. Neither 1 nor 2

Answer: 2 Only

Prohibition of intoxicants is a DPSP (Art. 47); traffic in human beings is an FR (Art. 23).

1. 51
2. 48 A
3. 43 A
4. 41

Answer: 51

Art. 51 — promotion of international peace and security.

1. 1 and 2 only
2. 2 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: 1, 2 and 3

The Preamble, DPSPs and Fundamental Duties all reflect UDHR principles.

1. 1 and 2 only
2. 3, 4 and 5 only
3. 1, 2 and 5 only
4. 1, 2, 3, 4 and 5

Answer: 1, 2, 3, 4 and 5

Education appears in DPSPs, local bodies (11th/12th Schedules), 5th and 6th Schedule areas and the 7th Schedule (Concurrent List).

1. 1 only
2. 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: 3 only

NSAP gives effect to Art. 41 — a Directive Principle.

• FD — DPSP — To abide by Constitution and respect national flag and national anthem
• — — To promote harmony and brotherhood
• — — To renounce practices derogatory to dignity of women
• — — To preserve heritage and culture
• — — To provide education to children between the age of 6-14 years
• FD — DPSP — To promote equal justice and welfare
• — — To secure participation of workers in management of industries
• — — To protect monuments
• — — To provide early childhood care and education for all children till 6 years of age
• FD (51-A) — DPSP (48-A) — To protect and improve environment, forest, wildlife Both 51-A and 48-A were inserted by 42nd amendment
• Enforceable by law:
• Parliament can make law to enforce them ✔ FR, FD, DPSP
• Enforceable/Justiciable by courts:
• One can move court against their violation ✔ FR, FD, DPSP

1. Rights are correlative with Duties.
2. Rights are personal and hence independent of society and Duties.
3. Rights, not Duties, are important for the advancement of the personality of the citizen.
4. Duties, not Rights, are important for the stability of the State.

Answer: Rights are correlative with Duties.

Rights are correlative with duties.