DPSPs and Fundamental Duties

  • It is enumerated in Part IV of the Constitution from Articles 36 to 51.
  • This idea is borrowed from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.

Features of Directive Principles of State Policy

  • The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in mind while formulating policies and enacting laws.
  • The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
  • They embody the concept of a ‘welfare state’ and not that of a ‘police state’.
  • The Directive Principles are non-justiciable in nature. The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.

Articles dealing with Directive Principles:

Article 36: This defines the term ‘State’ in the same way as Article 2, which includes:

  • The Government of India and the Union Parliament;
  • The Government of the states and their Legislatures;
  • All local authorities; and
  • Other authorities in India or under the control of the Government of India

Article 37

  • This declares the importance of DPSPs.
  • It states that though DPSPs are not justiciable yet they shall be considered fundamental in the governance of the country and it shall be the duty of the state to include these directives in their policies.

Article 38

  • This directs the state to create a social order for the promotion of the welfare of the people.
  • This social order must provide social, economic and political justice.
  • Under the 44th Amendment, Clause (2) has been added to Article 38 which directs the State to minimize inequalities in income, to eliminate inequalities in status, facilities and opportunities.

Article 39

  • This is a very important article containing a number of directives that go a long way to establish a welfare state in India.
  • It directs the states to secure the following:
    • Adequate means of livelihood for all citizens.
    • Control and ownership of the material resources of the community to be distributed in such a manner that it serves the common good.
    • The operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
    • Equal pay for equal work for both men and women.
    • Health and strength of workers and children are not abused and the citizens are not forced by economic necessity to enter vocations unsuited to their age or strength.
    • Children are given opportunities and facilities to develop in a healthy manner and their childhood and youth are protected against exploitation and moral and material abandonment (added by 42nd Amendment, 1976).

Thus, Article 39 is very wide in its scope. It requires the state to ensure adequate means of livelihood, fair distribution of wealth, equal pay for equal work, and protection of children and labour.

Especially Article 39 (b and c) lays the foundation of a welfare state.

Article 39A

  • It was added to the Constitution by 42nd Amendment 1976.
  • It requires the state to provide for equal justice and free legal aid.

Article 40

  • This directs the state to organize village panchayats and confer adequate powers to them so that they can function as units of self-government.
  • Accordingly, the Parliament has passed the 73rd Amendment of 1992, which has introduced Panchayats in Part IX in the Constitution.

Article 41

  • Under this Article, the state is directed to provide the Right to Work, to education and to public assistance subject to its economic capacity.

Article 42

  • Under this Article, the State shall make provision for securing just and humane conditions of work and maternity relief.
  • The state has enacted laws such as the Industrial Disputes Act, Minimum Wages Act, Maternity Relief Act, etc., to implement this article.

Article 43

  • This Article directs the state to make efforts to secure living wages and organize cottage industries in rural areas.

Article 44

  • This article deals with the implementation of a Uniform Civil Code for the citizens throughout India.
  • The State is supposed to take steps to establish a Uniform Civil code for all the citizens irrespective of caste, creed or religion.

Article 45

  • Provision for free and compulsory education for children till the age of 14 years.
  • However, this article has been amended by the 86th Amendment Act, 2002 which has inserted A-21A in the constitution-making right to education a fundamental right for all children between 6-14 years of age.
  • Now 45-A directs the state to make provisions for early childhood care and education for all children till the age of 6 years.

Article 46

  • It seeks to protect the educational and economic interests of SC/STs and other weaker sections. A number of educational facilities have been extended to SC/STs in pursuance of this article.

Article 47

  • The state has been directed by this article to raise the level of nutrition and the standard of living and to improve public health. This also includes prohibition of liquor and intoxicating drugs.

Article 48

  • Organization of agriculture and animal husbandry.
  • The state under this article has to organize agriculture and animal husbandry on modern and scientific lines.
  • This also includes prohibition of killing of cows, calves and other milch and draught cattle.

Article 48-A

  • Added by 42nd Amendment, 1976, this article enjoins on the state task of protecting and improving environment, forests and wild life.
  • A number of acts relating to protecting the environment, forests and wild life have been enacted.

Article 49

  • This article obligates the state to protect monuments and places of national importance.

Article 50

  • Separation of judiciary from the executive in the public services of the state.

Article 51

  • To promote international peace and security and maintain just and honourable relations between nations; to foster respect for international law and treaty obligations, and to encourage settlement of international disputes by arbitration.

Amendments to Directive Principles

  • 42nd Constitutional Amendment Act.1976
    • Article 39A -To promote equal justice and to provide free legal aid to the poor.
    • Article 39F -To secure opportunity for healthy development of children.
    • Article 43A – To take steps to secure the participation of workers in the management of industries
  • 44th Constitutional Amendment Act, 1978
    • Article 38 (2) – To minimize inequalities in income, statue, facilities and opportunities.
  • 86th Constitutional Amendment Act, 2002
    • This amendment changed the subject matter of Article 45, and made elementary education a Fundamental Right under Article 21A.
    • Article 45 – To provide early childhood care and education for all children until they complete the age of 14 years.
  • 97th Constitutional Amendment Act, 2011
    • Article 43B – To promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.

Fundamental Duties (Part-IVA)

  • The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR.
  • The Fundamental Duties of the citizens are enumerated in Part-IVA and Article-51A.
  • 42nd Amendment Act 1976 – They were included in 1976 by the 42nd Amendment on the recommendation of Sardar Swaran Singh Committee.
  • Fundamental Duties did not form part of the Constitution as originally adopted.
  • The duties are addressed to the citizens only.
  • Not Enforceable – Although, these duties are not enforceable by a Court, they provide a valuable guide and aid in the interpretation of the Constitution.
  • The Fundamental Duties can be imposed through some suitable legislation.
  • Eleven Duties– The fundamental duties are 11 in number.
  • 42nd Amendment Act 1976 – Ten duties were included in the Indian Constitution by the 42nd Amendment Act 1976 and
  • 86th Amendment Act, 2002 – The Eleventh duty was added by the 86th Amendment Act, 2002.

List of Fundamental Duties

  1. 51A (a) To abide the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
  2. 51A (b) To cherish and follow the noble ideals which inspired our national struggle for freedom
  3. 51A (c) To uphold and protect the sovereignty, unity and integrity of India
  4. 51A (d) To defend the country and render national services when called upon to do so
  5. 51A (e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women
  6. 51A (f) To value and preserve the rich heritage of our composite culture
  7. 51A (g) To value protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures
  8. 51A (h) To develop the scientific temper, humanism and spirit of inquiry and reform
  9. 51A (i) To safeguard public property and to abjure violence
  10. 51A (j)To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement
  11. 51A (k) Duty of the parent or guardian to provide opportunities for education to his child, as the case may be, ward between the age of six and fourteen years (added by 86th Amendment Act, 2002)

FDs are Non-enforceable and Non-justiciable

  • The fundamental duties are non-enforceable and non-justiciable in character.
  • It means that no citizen can be punished by a court for violation of a fundamental duty.  
  • In this respect, the fundamental duties are like the directive principles of the constitution in Part IV.
  • Courts can certainly take cognizance of laws seeking to give effect to fundamental duties.

Legal Provision for Implementation of Fundamental Duties

  • The Verma Committee (1999) identified the existence of following legal provision
  • The prevention of insults to National Honour Act (1971)
  • The various criminal laws provide for punishment for encouraging enmity and discrimination
  • The Protection of Civil Right Act (1955)
  • The Representation of people Act (1951)
  • The Wildlife Protection Act (1972) and
  • Forest Conservation Act (1980)