DIRECTIVE PRINCIPLES OF STATE POLICY:
- Articles 36–51 deal with the provision of the Directive Principles, which are contained in Part-IV of the Constitution. This feature of the Constitution is taken from Ireland.
- These are a kind of directions or instructions to the State in order to grow India as a welfare State.
- Article 36 directs the State to secure and protect a social order which stands for the welfare of the people.
- Article 37 says that Directive Principles are non-justiciable in the court but are fundamental to the governance of the State.
DPSP added by 42nd Amendment Act, 1976:
Article 39(g): To protect children against exploitation and to provide opportunities for their healthy development in conditions of freedom and dignity.
Article 39A: Equal opportunity for justice and free legal aid.
Article 43A: Right of workers to participate in management of industries.
Article 48A: To protect the environment, forest and wild animals.
DPSP added by 44th Amendment Act, 1978:
Article 38(2): State shall minimise inequality in income, status, facilities and opportunities among individuals and groups.
Directives in Other Parts (not in Part-IV of Constitution):
Article 335: Claims of scheduled castes & scheduled tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the jobs and appointments to Union & States.
Article 350A: To provide adequate facilities for instruction in the mother tongue at primary stage to children of linguistic minorities.
Article 351: To promote the spread of Hindi language.
Difference between Fundamental Rights and Directive Principles of State Policy:
| FRs | DPSPs |
|---|---|
| 1. Negative obligation of the State. | 1. Positive obligation of the State. |
| 2. Justiciable in Court of Law. | 2. Non-Justiciable in Court of Law. |
| 3. Foundation of political democracy. | 3. Foundation of social and economic democracy. |
In case of conflict between the Fundamental Rights and Directive Principles, Fundamental Rights would prevail.
FUNDAMENTAL DUTIES:
- These are based on Japanese model. Ten duties were included in the Indian Constitution by the 42nd Amendment Act, 1976 and Eleventh duty was added by 86th Amendment Act, 2002.
- Fundamental Rights and Fundamental Duties are co-relative. 11 Fundamental Duties of the citizens towards the State have been enumerated in Article 51-A in Part-IV A of our Constitution.
- There is no provision in the constitution for direct enforcement of any of these duties nor any sanction to prevent their violation.
- Supreme Court pointed out the foundation of the “composite culture” expressed in clause (f) of Article 51-A in the Sanskrit language and literature.
List of Fundamental Duties for Citizens:
(i) To abide by and respect the Constitution, the National Flag and the National Anthem.
(ii) To cherish and follow the noble ideals of the freedom struggle.
(iii) To uphold and protect the sovereignty, unity and integrity of India.
(iv) To defend the country and render national service when required.
(v) To promote common brotherhood and establish dignity of women.
(vi) To preserve the rich heritage of the nation’s composite culture.
(vii) To protect and improve natural environment.
(viii) To develop scientific temper, humanism and spirit of inquiry.
(ix) To safeguard public property and abjure violence.
(x) To strive for excellence in all spheres of individual and collective activity.
(xi) It shall be duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward as the case may be, between the age of 6 and 14 years (added by 86th Constitution Amendment Act, 2002).
THE NEW FLAG CODE – 2003:
- One can hoist the flag only from sunrise to sunset.
- The ratio of width to length of the flag should be 2:3.
- Don’t use the flag as a shroud for funerals.
- Don’t drop the Flag on vehicles.
- Don’t hoist it upside down. It must not touch the ground.
- Must fly higher than all other flags except that of the UN or other nations.
- Don’t fly a damaged flag.
- The amended code came into effect from January 26, 2003.
- Navin Jindal, the Vice Chairman of Jindal Group filed a PIL in the Delhi High Court challenging the restrain on his right to fly the Flag.
- Delhi High Court gave ruling that the flying of Tricolour is a Fundamental Right and the Supreme Court subsequently recommended these to the Union Cabinet to relax the unduly stringent rules about flying the Tricolour.
- Now, one can fly/hoist the flag under the guidelines of new flag code.
Types of DPSPs (Directive Principles of State Policy):
- Socialistic Principles– Aim to establish a welfare state and reduce inequalities.
- Gandhian Principles– Based on Gandhiji’s ideas like village development and cottage industries.
- Liberal-Intellectual (Western Liberal) Principles– Based on liberal ideas like uniform civil code, judiciary independence, and international peace.
SOCIALIST PRINCIPLES:
Article 38: It directs the State to secure and protect a social order which stands for the welfare of the people.
Article 38(2): It directs the State to strive for minimising inequalities in income.
Article 39 (a): Citizens (men and women) shall have the right to an adequate means of livelihood.
Article 39 (b): Ownership and control of material resources of the community shall be distributed so as to subserve the common good.
Article 39 (c): Economic system shall operate in a manner that does not result in the concentration of wealth and means of production to the common detriment.
Article 39(d): Equal pay for equal work, without any sex discrimination.
Article 39 (e): Health and strength of workers and tender age of children must not be abused.
Article 39A: Equal justice and free legal aid.
Article 41: Right to work, to education and to public assistance in certain cases.
Article 42: Provision of just and humane conditions of work and maternity relief.
Article 43A: Participation of workers in management of industries.
Article 45: Provision for childhood care and education of children below the age of six years.
GANDHIAN PRINCIPLES:
Article 40: Organisation of village panchayats.
Article 43: To promote cottage industries.
Article 45: The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years.
Article 46: Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.
Article 47: To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.
Article 48: To prohibit the slaughter of cows, calves and other milch and draught animals.
WESTERN LIBERAL PRINCIPLES:
Article 44: Uniform civil code.
Article 45: Education to children below 6 years of age.
Article 49: To preserve historical monuments.
Article 50: Separation of judiciary from executive.
Article 51: To promote international peace and amity.
MCQs:
1. Consider the following statements:
- Directive Principles are legally enforceable in courts.
- They are contained in Part IV of the Constitution.
- They aim to establish a welfare state.
- They were borrowed from the Irish Constitution.
2. Consider the following:
- Article 36 defines the term “State”.
- Article 37 makes DPSPs enforceable.
- DPSPs are fundamental in governance.
- Courts can compel the State to implement DPSPs.
3. With reference to Article 39, consider:
- Equal pay for equal work.
- Protection of children from abuse.
- Prevention of concentration of wealth.
- Right to constitutional remedies.
4. Which of the following are Socialist Principles?
- Article 38
- Article 39
- Article 40
- Article 43A
5. Gandhian Principles include:
- Village panchayats
- Cottage industries
- Uniform civil code
- Promotion of SC/ST welfare
6. Consider the following:
- Uniform Civil Code is DPSP.
- Separation of judiciary from executive is DPSP.
- Promotion of Hindi is DPSP.
- Protection of monuments is DPSP.
7. DPSPs added by 42nd Amendment include:
- Equal justice and free legal aid
- Protection of environment
- Workers participation
- Panchayati Raj
8. Consider:
- Article 48A relates to environment protection.
- It was added by 44th Amendment.
- It deals with forests and wildlife.
- It is enforceable by courts.
9. Fundamental Duties:
- Included by 42nd Amendment.
- Inspired by USSR Constitution.
- Enforceable by courts.
- Listed in Article 51A.
10. Consider:
- There are 11 Fundamental Duties.
- 11th duty added by 86th Amendment.
- Applies only to citizens.
- Direct penalties exist for violation.
11. Which of the following are duties?
- Respect Constitution
- Protect environment
- Promote harmony
- Right to equality
12. FR vs DPSP:
- FRs are justiciable.
- DPSPs are positive obligations.
- FRs aim social democracy.
- DPSPs aim economic democracy.
13. In case of conflict:
- DPSP prevails over FR always
- FR prevails generally
- Parliament can amend FR
- Courts ignore DPSP
14. Article 41 deals with:
- Right to work
- Right to education
- Public assistance
- Fundamental Right
15. Article 42 provides:
- Humane work conditions
- Maternity relief
- Equal wages
- Child education
Answer: A
16. Article 43A deals with:
- Worker participation
- Industry management
- Cooperative societies
- Right to strike
Answer: A
17. Article 45:
- Early childhood care
- Education below 6 years
- Fundamental Right
- DPSP
Answer: A
18. Article 46 aims:
- SC/ST welfare
- Economic upliftment
- Minority language protection
- Social justice
Answer: A
19. Article 335 relates to:
- SC/ST claims in jobs
- Administrative efficiency
- DPSP
- Directive outside Part IV
Answer: A
20. Flag Code facts:
- Flag hoisting is a Fundamental Right
- Can hoist anytime day/night (earlier rule)
- Ratio is 2:3
- Cannot use as funeral shroud
Disclaimer
This content is prepared for educational and informational purposes only. The notes are simplified for better understanding and exam preparation (UPSC and State Exams). Readers are advised to refer to standard textbooks and official sources for detailed study
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