www.gradeup.

co
www.gradeup.co

DPSP and Fundamental Duties

Directive Principles of State Policy

Introduction

Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP) from Articles 36
to 51. The idea of DPSP has been borrowed from the Irish Constitution of 1937 which had copied it from
the Spanish Constitution. The Directive Principles enumerate into the Constitution, the idea of people of
India. Directive Principles are fundamental to the governance of the country. It seeks to promote the
concept of a welfare state in the country. It promotes the economic development of the people and
aims toward establishing an egalitarian society. DPSPs contain the aims which the state must bear in
mind while making laws. The Directive Principles are a unique mixture of Socialism, Gandhism, Western
Liberalism, and the principles of the freedom struggle of India.

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and
the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights,
whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts
laws. Though non-justiciable, the Directive Principles are fundamental in the governance of the country,
and it shall be the duty of the state to apply these principles in making laws. They impose a moral
obligation on the state authorities for their application.

According to Dr. B.R. Ambedkar, the directive principles are the ‘novel features’ of the Indian
Constitution and a government which rests on popular vote can hardly ignore the Directive Principles
while shaping its policy. According to Granville Austin, the Directive Principles, along with the
Fundamental Rights, are the ‘Conscience of the Constitution’.

FEATURES OF DPSP:

1) The Directive Principles bear a resemblance to the ‘Instrument of Instructions’ enumerated in

the Government of India Act, 1935.
2) The Directive Principles represent the ideals in the form of constitutional instructions or
recommendations that the State should keep in mind while formulating policies and making
laws.
3) According to Dr.B.R. Ambedkar, these Directives lay down ‘economic democracy’ as the goal of
Indian polity as distinguished from ‘political democracy’.
4) The aim of these Directives is to realise the ideals of justice, liberty, equality and fraternity as
enumerated in the Preamble to the Constitution through a comprehensive economic, social and
political programmes.
5) They seek to establish economic and social democracy in the country through the concept of a
‘welfare state’ and not that of a ‘police state’. A welfare state performs regulatory as well as
developmental functions, but a police state performs only regulatory functions.
www.gradeup.co

6) The Directive Principles are not legally enforceable by the courts for their violation, i.e., they are
non-justiciable in nature, and the Government cannot be compelled to implement them.
7) The Directive Principles help the courts in examining the constitutional validity of a law.
8) According to Article 37 of the Constitution, these principles are fundamental in the governance
of the country, and it shall be the duty of the State to apply these principles in lawmaking.

SIGNIFICANCE OF DPSPs:

1) They supplement the fundamental rights by providing for social and economic rights to the
citizens.
2) They help in the achievement of the goals mentioned in the Preamble, such as justice, liberty,
equality and fraternity.
3) Directive Principles help the courts in determining the constitutional validity of a law. They serve
as useful beacon-lights to the courts.
4) They play an important role in continuity and stability in domestic and foreign policies in
political, economic and social spheres even after the change of the party in power.
5) They serve as a common political manifesto. They help the people to examine the policies and
programmes of the government.
6) They help the Opposition to influence and control the decisions and operations of the
government. The Opposition can criticise the ruling party if its activities are opposed to the
Directives.

CLASSIFICATION OF THE DIRECTIVE PRINCIPLES:

• Socialistic Principles: These principles are based on the ideology of socialism. They lay down the
framework of a democratic socialist state by aiming at providing social and economic justice and
promoting the idea of a welfare state. They direct the state:
1) To promote the welfare of the people by securing a social order permeated by justice -
social, economic and political and to minimise inequalities in income, status, facilities and
opportunities (added by the 44th Constitutional Amendment Act, 1978) (Article 38).
2) To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable
distribution of material resources of the community for the common good; (c) prevention of
concentration of wealth and means of production; (d) equal pay for equal work for men and
women; (e) preservation of the health and strength of workers and children against forcible
abuse; and (f) opportunities for the healthy development of children (added by the 42nd
Constitutional Amendment Act, 1976) (Article 39).
3) To promote equal justice and to provide free legal aid to the poor (Article 39 A) – [added by
the 42nd Constitutional Amendment Act, 1976].
4) To secure the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement (Article 41).
5) To make provision for just and humane conditions of work and maternity relief (Article 42).
6) To secure a living wage, a decent standard of living and social and cultural opportunities for
all workers (Article 43).
7) To take steps to secure the participation of workers in the management of industries
(Article 43 A) - [added by the 42nd Constitutional Amendment Act, 1976].
www.gradeup.co

8) To raise the level of nutrition and the standard of living of people and to improve public
health (Article 47).

• Gandhian Principles: These principles are based on Gandhian ideology and programme of
reconstruction done by Gandhiji during the national movement. They require the State:
1) To organise village panchayats and endow them with necessary powers and authority to
enable them to function as units of self-government (Article 40).
2) To promote cottage industries on an individual or cooperation basis in rural areas (Article
43).
3) To promote voluntary formation, autonomous functioning, democratic control and
professional management of cooperative societies (Article 43 B) – [added by the 97th
Constitutional Amendment Act, 2011].
4) To promote the educational and economic interests of SCs, STs, and other weaker sections
of the society and to protect them from social injustice and exploitation (Article 46).
5) To prohibit the consumption of intoxicating drinks and drugs which are injurious to health
(Article 47).
6) To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve
their breeds (Article 48).

• Liberal-Intellectual Principles: These principles represent the liberal ideology. They direct the
state:
1) To secure for all citizens, a uniform civil code throughout the country (Article 44).
2) To provide early childhood care and education for all children until they complete the age of
six years (Article 45) - [added by the 86th Constitutional Amendment Act, 2002].
3) To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4) To protect and improve the environment and to safeguard forests and wildlife (Article 48 A)
- [added by the 42nd Constitutional Amendment Act, 1976].
5) To protect monuments, places and objects of artistic or historical interest which are
declared to be of national importance (Article 49).
6) To separate the judiciary from the executive in the public services of the State (Article 50).
7) 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 (Article 51).

NEW DIRECTIVE PRINCIPLES:

• Four new Directive Principles were added by the 42nd Constitutional Amendment Act, 1976.
1) To secure opportunities for the healthy development of children (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 wildlife (Article 48 A).
www.gradeup.co

• The 44th Constitutional Amendment Act, 1978 added a directive which requires the State to
minimise inequalities in income, status, facilities and opportunities (Article 38).
• The 86th Constitutional Amendment Act, 2002 changed the subject matter of Article 45 and
made elementary education a fundamental right under Article 21 A. The amended Directive asks
the State to provide early childhood care and education for all children until they complete the
age of six years.
• The 97th Constitutional Amendment Act, 2011 added a new Directive which requires the state to
promote voluntary formation, autonomous functioning, democratic control and professional
management of cooperative societies (Article 43 B).

DIRECTIVES OUTSIDE PART IV:

• There are some other Directives contained in other parts of the Constitution, apart from that in
Part IV:
1) Article 335 in Part XVI: The claims of the members of the SCs and the STs shall be taken into
consideration, consistently with the maintenance of efficiency of administration, in the making
of appointments to services and posts in connection with the affairs of the Union or a State.
2) Article 350-A in Part XVII: It shall be the endeavour of every state and every local authority
within the state to provide adequate facilities for instruction in the mother-tongue at the
primary stage of education to children belonging to linguistic minority groups.
3) Article 351 in Part XVII: It shall be the duty of the Union to promote the spread of the Hindi
language and to develop it so that it may serve as a medium of expression for all the elements of
the composite culture of India.

CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES:

• The Supreme Court in the State of Madras vs Champakam Dorairajan, 1951 case, held that in
case of any conflict between the Fundamental Rights and the Directive Principles, the
Fundamental Rights would prevail. Directive Principles cannot override the Fundamental Rights.
However, the Court also held that the Fundamental Rights could be amended by enacting
constitutional amendment acts.
o As a result, Parliament made the First Amendment Act (1951), the Fourth Amendment
Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the
Directives.
• In Golak Nath vs the State of Punjab, 1967 case, the Supreme Court held that the Parliament
cannot abridge or take away any of the Fundamental Rights for the implementation of the
Directive Principles.
• The Parliament enacted the 25th Constitutional Amendment Act, 1971 which inserted a new
Article 31 C which said that
1) The law seeking to implement the socialistic Directive Principles specified in Article 39
(b) & (c) shall not be declared void on the ground of violation of the Fundamental Rights
conferred by Article 14, Article 19 or Article 31 (right to property).
2) The law declaring to give effect to such policy cannot be challenged in any court of
law.
www.gradeup.co

• The Supreme Court in Kesavananda Bharati vs State of Kerala, 1973 case declared the 1st
provision of Article 31C to be constitutional and valid. However, the Court declared the 2nd
provision of Article 31C as unconstitutional and void on the ground that it took away the power
of judicial review from the courts which is the part of the Basic Structure of the Constitution.
• The 42nd Constitutional Amendment Act, 1976 amended Article 31 C to provide that any law
enacted by the State to give effect to one or more Directive Principles and in the process if the
law violated any of the Fundamental Rights under Articles 14, 19 and 31, cannot be held
unconstitutional merely on this ground.
• The Right to Property (Article 31) was abolished as a Fundamental Right by the 44th
Constitutional Amendment Act 1978.
• The Supreme Court in Minerva Mills vs Union of India, 1980 case, declared the changes made in
the 42nd Constitutional Amendment Act, 1976 as unconstitutional and void on the ground that it
disturbed the balance between Part III and Part IV of the Constitution which is the part of the
Basic Structure of the Constitution.
• Thus, the Directive Principles were once again made subordinate to the Fundamental Rights. But
the Fundamental Rights conferred by Article 14 and Article 19 were accepted as subordinate to
the Directive Principles in Article 39 (b) & (c).
• Therefore, the Fundamental Rights enjoy supremacy over the Directive Principles, but the
Parliament can amend the Fundamental Rights for the implementation of the Directive
Principles by not destroying the basic structure of the Constitution.

FUNDAMENTAL DUTIES
Introduction –

Part IVA of the Indian Constitution contains the Fundamental Duties which are mentioned in Article 51
A. The Fundamental Duties were not present in the original Constitution. They were added to the
Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of the Swaran
Singh Committee. This amendment added a new part, namely, Part IVA to the Constitution and added
ten Fundamental Duties. In 2002, one more fundamental duty was added by the 86th Constitutional
Amendment Act, 2002.
The Fundamental Duties enshrined in the Indian Constitution are inspired by the erstwhile USSR
Constitution.

FEATURES OF THE FUNDAMENTAL DUTIES:

1) Fundamental Duties are enshrined in the Constitution in the form of moral as well as civic
duties. For example, cherishing noble ideals of freedom struggle is a moral duty and respecting
the Constitution, National Flag and National Anthem is a civic duty.
2) Fundamental Duties are applicable to the citizens only and not to the foreigners.
3) Fundamental Duties are non-justiciable, and there is no legal sanction against their violation.
However, the Parliament can provide for their enforcement through suitable legislation.
4) Fundamental Duties are a representative of such values that have been integral to the Indian
way of life such as Indian tradition, practices, religions and mythology.

SIGNIFICANCE OF FUNDAMENTAL DUTIES:

www.gradeup.co

1) Fundamental Duties make the citizens conscious about the duties they owe to their country, and
society while enjoying their fundamental rights.
2) They promote discipline and commitment among the citizens and serve as a source of
inspiration for them.
3) They serve as a warning against the anti-social and anti-national activities such as burning the
national flag, destroying public property etc.
4) They help the courts in determining the reasonableness and constitutional validity of a law.
5) The Parliament can enforce them by law and can provide for the appropriate punishment for
failure to fulfil any of them.
6) They create a feeling that the citizens are not mere spectators but active participants in the
realisation of national goals.

However, the fundamental duties are criticized on the fact that:

1) They are non-justiciable in character. There is no penalty or punishment for their violation. The
Swaran Singh Committee had recommended for punishment for the non-performance of
Fundamental Duties.
2) They do not cover other important duties such as casting a vote, paying taxes, family planning
etc. The Swaran Singh Committee recommended for the duty to pay taxes.
3) These are such duties that should be performed by the citizens even if they are not incorporated
in the Constitution.
4) Some of the duties are difficult to be understood by the common citizen due to the fact that
different interpretations can be given to the phrases like ‘noble ideals’, ‘composite culture’,
‘scientific temper’ etc.

LIST OF FUNDAMENTAL DUTIES (ARTICLE 51A):

According to Article 51A of the Constitution, it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
(b) to cherish and follow the noble ideals that inspired the national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;
(f) to value and preserve the rich heritage of the country’s composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) 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; and
(k) to provide opportunities for education to his child or ward between the age of six and fourteen years
(This duty was added by the 86th Constitutional Amendment Act, 2002).
www.gradeup.co

THE VERMA COMMITTEE ON FUNDAMENTAL DUTIES OF THE CITIZENS (1999):

The Verma Committee identified the existence of legal provisions for the implementation of some of the
Fundamental Duties. They are:

1) The Prevention of Insults to National Honour Act, 1971 prevents disrespect to the Indian
Constitution, the National Flag and the National Anthem.
2) The Protection of Civil Rights Act,1955 provides for penalty and punishments for offences
related to caste and religion.
3) Some provisions of the Indian Penal Code (IPC) declares certain activities as punishable offences
that are harmful to national integration.
4) The Unlawful Activities (Prevention) Act, 1967 declares the formation of a communal
organisation as an unlawful association.
5) There are various criminal laws in force that provide for punishments for encouraging enmity
between different sections of people on the grounds of language, race, place of birth, religion
and so on.
6) The Representation of People Act, 1951 provides for the disqualification of members of the
Parliament or a state legislature for indulging in corrupt practice and promoting the enmity
between different sections of people on the grounds of caste, race, language, religion, etc.
7) The Forest (Conservation) Act, 1980 prohibits haphazard deforestation and diversion of forest
land for non-forest purposes.
8) The Wildlife (Protection) Act, 1972 prohibits trade in rare and endangered species.