Lecture 1: Historical Background

Lecture 11: Directive Principles of State Policy and

Fundamental Duties
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DIRECTIVE PRINCIPLES OF STATE POLICY

• Sapru Report in 1945 divided the fundamental rights into two parts viz. Justifiable and non-justifiable
rights. The justifiable rights were incorporated in the Part III and non-justifiable rights were
incorporated as directive principles in the Part IV of the constitution. So, the fundamental rights and
the directive principles find common origin.
Source of Directive Principles:
• Constitution of Ireland (1937) was the main source for the Directives in Indian Constitution.
• These Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India
Act of 1935. These are the Constitutional instructions or recommendations to the State in legislative,
executive, and administrative matters.
Aim of Directive Principles:
In the words of Justice K. S. Hegde:
“The purpose of the Directive principles is to fix certain social and economic goals for immediate attainment
by bringing about a non – violent social revolution.”
• They aim at realising the high ideals of justice, liberty, equality, and fraternity.
• They seek to establish economic and social democracy in the country.
• They aimed to transform India into a ‘welfare state’.
• They envisage an end to economic exploitation and staggering inequalities and inequities.
• These principles seek to fulfill the basic needs of the common man and to change the structure of
our society.
Features of Directive Principles of State Policy:
• Directive Principles of state policy are fundamental in governance of the country, and it is the duty
of state to implement these principles by making laws.
• 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 are not legally enforceable and non-Justiciable. Non-enforceable means that if the
government did not implement a particular guideline, we cannot go to the court for its
implementation. And non-Justiciable means that this cannot be enforced by the judiciary. Moral force
behind these guidelines would ensure that the government would take them seriously. Also, it was
expected that people would hold government responsible for the implementing these directives.
• DPSPs are positive obligations on the state. DPSPs were not made justiciable because India did not
have sufficient financial resources. Moreover, its backwardness and diversity were also a hindrance
in implementing these principles at that time. At the time of the drafting of the Constitution, India
was a newly born independent state and was struggling with other issues and making DPSPs
justiciable would have put India in great difficulty.
• These principles help the courts in examining the constitutional validity of a law.

C LASSIFICATION OF DPSP:
Socialist Principles:
This category includes those Principles which aim at the establishment of a welfare socialist state of India. It
was through the 42nd Amendment that the word ‘Socialism’ has been added to the Preamble of the
Constitution. Some of the following Directive Principles fulfill this objective of the Constitution:
Article 38:
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• According to Article 38 of the Indian Constitution the State shall try to promote the welfare of the
people by securing a social order characterised by justice—social, economic and political.
• Art 38 (2) which has been interested into the Indian Constitution by the 44th Constitutional
Amendment provides that the State will strive for minimising the inequalities present in the income
of the people, their social status, privileges and opportunities but would also try to minimise the
inequalities present in the various fields of national life of the people living in different parts of the
country and belonging to different professions.
Article 39:
• According to Article 39 (a) the State will try to formulate its policy in such manner that all citizens,
men as well as women, would get adequate means for earning their livelihood.
• According to articles 39 (b), the State shall direct its policy towards securing the ownership and
control of the material resources of the community in such a manner as to ensure public welfare.
• According to Article 39 (c) the economy of the State will be administered in such a manner that wealth
may not get concentrated in a few hands and the means of production may not be used against the
public interest.
• According to Article 39 (d) arrangements will be made to ensure equal pay for equal work both for
men and women.
• According to Article 39 (d) arrangements will be made to ensure equal pay for equal work both for
men and women.
• According to Article 39 (e) the health of the workers, laborers, men, women and children will not be
permitted to be adversely affected. Beside this, it will also be ensured that the citizens compelled by
their economic needs, do not undertake such works which may not be in accordance with their age
or capacity.
• According to Article 39 (f) which has been inserted by the 42nd Constitutional Amendment, the State
will formulate and execute its policies in such a manner that the children will get opportunities and
facilities in a healthy, free and respectable environment. It will end the exploitation of the children
and the youth and will ensure them protection against moral and material degeneration.
Article 39A
• According to Article 39 A which has been added by the 42nd Constitutional Amendment, the State
will act in such manner as to ensure legal provisions which will help in getting justice on the basis of
equal opportunities. This State will also make arrangements for the availability of free legal assistance
to the economically backward people. This will ensure that a person may not be deprived of getting
justice because of his economic or other inabilities.
Article 41:
• According to Article 41 of Indian Constitution, the State will, working within the limits of its economic
viability and progress, provide to the citizens the right to work, the right to education and general
assistance in the event of unemployment, old age, disease and other disabilities.
Article 42:
• According to Article 42 of the Indian Constitution, the state will make provisions for the creation of
appropriate and human conditions for work. It will also ensure assistance to pregnant women.
Article 43A

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• According to Articles 43A, which has been added by the 42nd Constitutional Amendment, the State
will endeavor, either by appropriate legislation or by certain other methods that the workers and
laborers participate in the management of business connected with industries or other institutions.
Liberal Principles:
The aim of these principles is to establish a liberal socio-political system in India and to make the state an
instrument of socio-economic welfare. The following directive principles can be included in this category:
• According to Article 44, the State shall endeavour to secure for the citizens to Uniform Civil Code
throughout the territory of India.
• According to Article 45, the State shall endeavour to provide, within a period of ten years, free and
compulsory education for all children below the age of 14 years.
• According to Article 48 of the Indian Constitution, the state shall endeavor to organise agriculture
and animal husbandry on modern and scientific lines take steps for preserving and improving their
breeds.
• According to Article 48A which has been added by the 42nd Amendment, the state shall endeavor to
protect and improve the environment and to safeguard the forest and wild life of the country.
• According to Article 49 of the Indian Constitution, it shall be the obligation of the state to protect
every monument or place or artistic or historic interest from spoliation, disfigurement and
destruction.
• According to Article 50, the state shall take steps to separate the judiciary from the executive in the
public services of the State.
• According to Article 51 (a) of the Indian Constitution, the State shall endeavor to promote
international peace and security.
• According to Article 51 (b) of the Indian Constitution, the State shall maintain just and honorable
relations among various states in the world.
• According to Article 51 (c) of the Indian Constitution, the state shall promote respect for international
law and treaty obligations.
• According to Article 51 (d) of the Indian Constitution, the state shall encourage settlement of
international disputes by arbitration.
Gandhian Principles:
Those directive principles which have been included in the Indian Constitution under the influence of
Gandhism are known as Gandhian Principles. The following directive principles are covered in this category:
• According to Article 40 of the Indian Constitution, the State shall take steps to organise village
panchayats and will provide them with such powers and authority as may be necessary to enable
them to function as units of self-government.
• According to Article 43 of the Indian Constitution, the State shall endeavor to promote cottage
industries on an individual or co-operative basis in rural areas.
• According to Article 46 of the Indian Constitution, the State shall promote with special care the
educational and economic interests of the weaker sections of society and in particular of the
Scheduled Castes and the Scheduled Tribes and shall protect them from social injustice and their
forms of exploitation.
• According to Article 47 of the Indian Constitution, the State shall endeavor to bring about the
prohibition of consumption, except for medical purposes, of intoxicating drinks and drugs which are
injurious to health.
• According to Article 48 of the Indian Constitution, the State shall endeavor to prohibit slaughter of
cows, calves, and other milch cattle.
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RELATIONSHIP BETWEEN FUNDAMENTAL RIGHTS AND

DIRECTIVE PRINCIPLES OF STATE POLICY
• Supreme Court in Champkam Dorairajan Case 1951 held that the laws made to enforce Directive
Principles of State Policy’s cannot override Fundamental Rights i.e. DPSP’s have to run subsidiary to
Fundamental Right’s and in the case of conflict between the two, Fundamental Right’s will continue
to hold prominence.
• However, realizing the importance of DPSP’s in establishment of welfare state, SC in Kerala education
bill 1957 adopted theory of harmonic state or doctrine of harmonization and declared that balance
needs to be maintained between and DPSP and the government should try to incorporate both but
if in case one needs to be chosen then Fundamental Right’s should be given importance and they will
prevail over DPSP’s.
• In Golaknath Case, 1967 the Supreme Court ruled that the Parliament cannot take away or abridge
any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In other words, the Court held that
the Fundamental Rights cannot be amended for the implementation of the Directive Principles.
• SC declared Bank Nationalization Act 1969 and Privy Purses Abolition Act 1971 unconstitutional on
the grounds of violation of Fundamental Rights. These acts were enacted to implement Article 39(b)
and (c). 39 (b) says that there should be equal distribution of material resources and 39(c) says that
prevention of concentration of wealth in few hands.
• Parliament understood that this interpretation of SC in blocking social welfare and the idea of
egalitarian state. Thus, parliament enacted 25th Amendment Act, 1971 which introduced Article 31
(c) which said if state makes a law to give effect to DPSP’s under 39(b) and 39(c) then in this process
if it violates Fundamental Rights under Article 14, 19, and 31. Then it shall not be considered
unconstitutional i.e. where Article 39(c) steps in Article 14, 19 and 31 goes out.
• In Keshav Nanda Bharti case 1973, SC upheld 25th Amendment Act 1971.
• Parliament under 42nd AA 1976 expanded the scope of 31(c) and gave the primacy to all DPSP’s over
Article 14, 19 and 31 and moreover declared that such law cannot be questioned in court of law.
• Supreme Court in Minerva Mill Case 1980 held that the changes brought under Article 31(c) by 42nd
AA 1976 were unconstitutional as it disturbed the balance between Fundamental Rights and DPSP’s
and even took away judicial review as both are part of basic structure of the constitution.
• Hence the present situation is that Article 31(c) is constitutionally valid and 39(b) and 39(c) continues
to enjoy prominence (over Article 14 and 19).

FUNDAMENTAL DUTIES
• The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976,
upon the recommendations of the Swaran Singh Committee that was constituted by the government
earlier that year.
• For every right, there is a corresponding duty. Duty is an inalienable part of right; the two represent
the two sides of the same coin. If all men have a right to life, a duty is also cast upon all men to respect
human life and not to injure another person. Fundamental rights and Fundamental duties are
correlative and inseparable to each other.
• Gandhiji sought to emphasise the economic and social responsibilities of all citizens. It was in keeping
with his ideas that the Constitution (Forty-Second Amendment) Act, 1976 added to the Constitution
a new Part IVA titled ‘Fundamental Duties.

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• Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment
in 2002, which added a duty on every parent or guardian to ensure that their child or ward was
provided opportunities for education between the ages of six and fourteen years.
• No democratic polity can ever succeed where the citizens are not willing to be active participants in
the process of governance by assuming responsibilities and discharging citizenship duties and coming
forward to give their best to the country. Some of the fundamental duties enshrined in article 51A
have been incorporated in separate laws.
• The most important task before us is to reconcile the claims of the individual citizen and those of the
civic society. To achieve this, it is important to orient the individual citizen to be conscious of his social
and citizenship responsibilities and so shape the society that we all become solicitous and considerate
of the inalienable rights of our fellow citizens. Therefore, awareness of our citizenship duties is as
important as awareness of our rights. Every right implies a corresponding duty but every duty does
not imply a corresponding right. Man does not live for himself alone. He lives for the good of others
as well as of himself.
• Some of them are moral duties while others are civic duties. For instance, cherishing noble ideals of
freedom struggle is a moral precept and respecting the Constitution, National Flag and National
Anthem is a civic duty.
• Fundamental duties are applicable only to citizens and not to the aliens.
• Since the duties are imposed upon the citizen and not upon the State legislation is necessary for their
implementation.
• There is no provision in the constitution for direct enforcement of the Fundamental duties. So
fundamental duties are non-justiciable in nature.

T HE NEW P ART IVA CONSISTED OF ARTICLES 51 A WHICH READS AS FOLLOWS :

It shall be the duty of every citizen of India:
• To abide by the Constitution and respect the National Flag and the National Anthem: National
anthem and national flag are the symbol of our history, sovereignty, unity and pride. If a citizen of
India shows disrespect to the Constitution, then it will be a question mark on our existence as a citizen
of this sovereign nation. We must put the nation above the narrow personal interests and then only
we will be able to protect our freedom and sovereignty.
• To cherish and follow the noble ideals which inspired our national struggle for freedom: In our
freedom struggle many sacrificed their lives. It becomes our duty to remember the sacrifices made
by our forefathers for the freedom of our country. Our freedom struggle was net merely for political
freedom but for social and economic freedom also. We must follow our ideals of freedom, equality,
nonviolence, brotherhood and world peace.
• To uphold and protect the sovereignty, unity and integrity of India: If the unity and sovereignty of
our nation are jeopardized then the nation ceases to be existed.
• To defend the country and render national service when called upon to do so: Present-day wars are
not fought on the battlefield only nor are they won only by the armed forces; the citizens at large
play a most vital roles in a variety of ways. Sometime civilians may be required to take up arms in
defence of the country. By fighting to defend the country, the citizens are fighting only to defend
their own liberty and that of their prosperity. Also under Article 23(2), state can impose compulsory
service for public purpose.
• To promote harmony and the spirit of common brotherhood amongst all people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices

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derogatory to the dignity of women: India is a country of different castes, languages, religions and
many cultures but we are one people with one constitution, one flag and one citizenship. Spirit of
brotherhood should come very normally among the citizens of a country like India where we consider
whole world as one family. Also in our country it is often said that “God reside where women are
worshipped”.
• To value and preserve the rich heritage of our composite culture: We always draw inspiration from
history which stimulates us to aim at the greater heights of achievement and excellence. It is our duty
to ensure that monuments and pieces of art should not be damaged, disfigured, scratched or
subjected to vandalism. Our civilisation is one of the oldest in world. Our contribution in the fields of
art, sculpture, architecture, mathematics, science, medicine etc. are well known. Our land is the birth
place of many religion like Hinduism, Sikhism, Jainism and Buddhism. Our past has shown us the path
of peace, love, non – violence and truth. As citizen of this country, it is the responsibility of all of us
to work for the preservation of this rich heritage and its cultural values.
• To protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures: Earth is the common heritage of man and animals. We have
no right to annihilate or drive away the natural habitat of wildlife. Ancient Indian thought talks of
Sarvesham Shantir bhavatu ( Peace unto all living being and entire environment). Or Ahimsa
paramodharma.
• To develop the scientific temper, humanism and the spirit of inquiry and reform: There should be
an inquisitiveness for learning from the developments around the world. Science and technology
must be tempered with a sense of humanism because ultimately the end of all progress is the human
being and quality of life.
• To safeguard public property and to abjure violence
• To strive towards excellence in all spheres of individual and collective activity, so that the nation
constantly rises to higher levels of Endeavour and achievement: The drive for excellence in all
spheres of individual and collective activity is the demand of times and basic requirement in a highly
competitive world. This would include respect for professional obligations and excellence.
• To provide opportunities for education by the parent the guardian, to his child, or a ward between
the age of 6-14 years as the case may be. (added by 86th Constitutional Amendment in 2002).

PRACTICE MCQS
Question 1: The purpose of the inclusion of Directive Principle of State Policy in the Indian Constitution is
to establish
(a) Political Democracy
(b) Social Democracy
(c) Gandhian Democracy
(d) Social and Economic Democracy

Answer: D

Question 2: ‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in
(a) the Preamble and the Fundamental Rights
(b) the Preamble and the Directive Principles
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(c) the Fundamental Rights and the Directive Rights and the Directive Principles of State Policy
(d) None of the above

Answer: B

Question 3: The ‘Instrument of Instructions’ contained in the Government of India Act 1935 have been
incorporated in the Constitution of India in the year 1950 as
(a) Fundamental Rights
(b) Directive Principles of State Policy
(c) Extent of executive power of State
(d) Conduct of business of the Government of India

Answer: B

Question 4: According to the Constitution of India, which of the following are fundamental for the
governance of the country?
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles of State Policy
(d) Fundamental Rights and Fundamental Duties

Answer: C

Question 5: The ideal of 'Welfare State' in the Indian Constitution is enshrined in its
(a) Preamble
(b) Directive Principles of State Policy
(c) Fundamental Rights
(d) Seventh Schedule

Answer: B

Question 6: Consider the following statements

1. There is no provision in the Constitution of India to encourage equal pay for equal work for both
men and women.
2. The Constitution of India does not define backward classes.
Which of the statement(s) given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: B

Question 7: Which of the following is/are included in the Directive Principles of State Policy?
1. Prohibition of traffic in human beings and forced labour.
2. Prohibition of consumption except for medicinal purposes of intoxicating drinks and of other drugs
which are injurious to health.
Select the correct answer using the code given below:
(a) Only 1

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(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: B

Question 8: Which principle among the following was added to the Directive Principles of State Policy by
the 42nd Amendment to the Constitution?
(a) Equal pay for equal work for both men and women
(b) Participation of workers in the management of industries
(c) Right to work, education and public assistance
(d) Securing living wage and human conditions of work to workers

Answer: B

Question 9: Which of the following Articles of the Directive Principles of State Policy deals with the
promotion of International peace and security?
(a) Article 51
(b) Article 48A
(c) Article 43A
(d) Article 41

Answer: A

Question 10: Which among the following provision(s) was/were added to the Directive Principles of
State policy by 42nd Amendment to the Constitution?
(a) Secure the participation of workers in the management of industries.
(b) Promote equal justice and to provide free legal aid to the poor.
(c) Opportunities for healthy development of children.
(d) All of the above
Answer: D
Explanation: New Directive Principles of State policy added by the 42nd Amendment to the Constitution
asks State:
1. To secure opportunities for healthy development of children (in Article 39).
2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
3. To take steps to secure the participation of workers in the management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

Question 11: Which of the following Articles of the Directive Principles of State Policy deals with the
Uniform Civil Code for Citizens of India?
(a) Article 51
(b) Article 48A
(c) Article 44
(d) Article 41
Answer: C
Explanation:
• According to Article 44 of the Indian Constitution, State shall endeavour to secure for the citizens a
Uniform Civil Code throughout the territory of India.

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