Directive Principles of State Policy and Fundamental Duties
The Directive Principles of State Policy set out the goals that the State should pursue while making laws, and the Fundamental Duties remind citizens of what they owe to the nation. Together they express the social and moral vision of the Constitution. Although the Directives are not enforceable in court and the Duties are not directly justiciable, both are frequently asked in examinations.
Introduction and Background
The Directive Principles of State Policy (DPSP) are contained in Part IV, Articles 36 to 51. They were borrowed from the Constitution of Ireland, which in turn had taken the idea from the Spanish Constitution. The Directives are non-justiciable, meaning they cannot be enforced by courts. However, Article 37 declares that they are nevertheless “fundamental in the governance of the country” and that it shall be the duty of the State to apply them while making laws. They are often called an “instrument of instructions” or, in a famous description, a “cheque on a bank payable at the convenience of the bank”.
Classification of the Directive Principles
- Socialist principles: Articles 38, 39, 39A, 41, 42, 43, 43A and 47. They aim at a welfare state, a just social order, equal pay for equal work, free legal aid, the right to work and education, just and humane conditions of work, workers’ participation in management and a higher standard of living.
- Gandhian principles: Articles 40, 43, 43B, 46, 47 and 48. They include the organisation of village panchayats, the promotion of cottage industries, the development of the Scheduled Castes and Scheduled Tribes, prohibition of intoxicating drinks and the prohibition of the slaughter of cows and calves.
- Liberal-intellectual principles: Articles 44, 45, 48, 48A, 49, 50 and 51. They include a Uniform Civil Code, early childhood care and education, modern agriculture and animal husbandry, protection of the environment, protection of monuments, separation of the judiciary from the executive and the promotion of international peace and security.
Important Articles and Fundamental Duties
- Article 38: promotion of the welfare of the people by securing a social order based on justice.
- Article 39: equal pay for equal work for men and women, among other policy goals.
- Article 39A: free legal aid to the poor (added by the 42nd Amendment).
- Article 40: organisation of village panchayats (a Gandhian principle).
- Article 43: a living wage and decent conditions of work.
- Article 43A: participation of workers in the management of industries (added by the 42nd Amendment).
- Article 44: a Uniform Civil Code throughout the territory of India.
- Article 45: early childhood care and education for children below six years, as amended by the 86th Amendment.
- Article 46: promotion of the educational and economic interests of the Scheduled Castes, Scheduled Tribes and weaker sections.
- Article 47: prohibition of intoxicating drinks and drugs and improvement of public health.
- Article 48: prohibition of the slaughter of cows, calves and other milch and draught cattle.
- Article 48A: protection and improvement of the environment (added by the 42nd Amendment).
- Article 50: separation of the judiciary from the executive.
- Article 51: promotion of international peace and security.
Fundamental Duties
Fundamental Duties were added to the Constitution by the 42nd Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. They are contained in Part IVA, Article 51A. There were originally ten Fundamental Duties, and the 86th Amendment of 2002 added the eleventh duty, which requires a parent or guardian to provide opportunities for education to a child or ward between the ages of six and fourteen years. Like the Directive Principles, the Fundamental Duties are not directly enforceable by courts, but they are taken into account while interpreting laws.
The relationship between Fundamental Rights and the Directive Principles has been explained by the Supreme Court. In the Kesavananda Bharati case (1973) the Court held that both are parts of the basic structure of the Constitution. In the Minerva Mills case (1980) it held that Fundamental Rights and Directive Principles are equally important and that a balance must be maintained between them. Neither can be given a position of superiority that destroys the other.
Why This Topic Matters for Exams
This topic is a regular source of questions in ADRE, APSC, Assam Police, DHS, SSC and Railway examinations. Examiners ask the Part and article range of the Directive Principles, the country of origin, the three-fold classification, the article connected with a particular principle, the amendment and committee connected with Fundamental Duties, and the number of Fundamental Duties. Landmark cases such as Minerva Mills are also asked in objective form.
How to Prepare This Topic
- Learn that the DPSP are in Part IV, Articles 36 to 51, and were borrowed from Ireland.
- Group the articles into Socialist, Gandhian and Liberal-intellectual principles.
- Memorise the article numbers with their subjects, especially 39A, 40, 44, 45, 47, 48A and 50.
- Remember that Fundamental Duties are in Part IVA, Article 51A, added by the 42nd Amendment on the advice of the Swaran Singh Committee.
- Note that the eleventh duty was added by the 86th Amendment in 2002.
- Practise the twenty-five questions on this page twice.
Common Exam Traps
- The DPSP are non-justiciable; they cannot be enforced by a court, unlike Fundamental Rights.
- Article 40 (village panchayats) is a Gandhian principle, while Article 44 (Uniform Civil Code) is a liberal-intellectual principle.
- There are eleven Fundamental Duties after the 86th Amendment, not ten.
- The Swaran Singh Committee is connected with Fundamental Duties, not with the Directive Principles.
- Fundamental Rights and Directive Principles are equally important; there is no question of one being superior to the other.
Frequently Asked Questions
Why are the Directive Principles not enforceable in a court of law?
The Directive Principles are not enforceable because they depend on the financial and administrative capacity of the State and are meant to be implemented gradually. Article 37 makes it clear that they are not enforceable by any court, yet declares that they are fundamental in the governance of the country and that the State shall apply them while making laws. They guide policy and legislation rather than create directly enforceable rights.
What is the difference between Fundamental Rights and Directive Principles?
Fundamental Rights are justiciable and can be enforced in the courts; they are mainly negative in character, restraining the State from interfering with individual freedom. Directive Principles are non-justiciable; they are positive in character, directing the State to take steps to promote social and economic welfare. Fundamental Rights are contained in Part III, while Directive Principles are in Part IV. In the Minerva Mills case the Supreme Court held that both are equally important and must be balanced.
Which amendment and committee are connected with Fundamental Duties?
Fundamental Duties were added by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. They are contained in Part IVA, Article 51A. The 86th Amendment of 2002 added the eleventh duty relating to the education of children between six and fourteen years. The duties are not directly enforceable, but courts may consider them while interpreting laws.
What is the importance of Article 39A?
Article 39A, inserted by the 42nd Amendment, directs the State to secure equal justice and free legal aid. It asks the State to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities, and to provide free legal aid so that the poor can approach the courts. This principle led to the establishment of legal services authorities and Lok Adalats.
What did the Supreme Court decide in the Minerva Mills case?
In the Minerva Mills case (1980) the Supreme Court held that the Fundamental Rights and the Directive Principles of State Policy are equally important and that a balance between them is a part of the basic structure of the Constitution. The Court struck down provisions of the 42nd Amendment that gave the Directive Principles primacy over Fundamental Rights, holding that the harmony between the two must not be destroyed.