Polity · Chapter 03

🧭 Directive Principles & Fundamental Duties

DPSP vs FR, non-justiciable guidelines, 11 duties.

🧭 The Guiding Principles

Directive Principles of State Policy (DPSP) — Part IV, Articles 36–51. Borrowed from Ireland (which took from Spain). These are non-justiciable — courts cannot enforce them. But they are fundamental to governance and the state must keep them in mind while making laws.

Key DPSPs (SSC/UPSC favorites):
• Art 39A — Equal justice and free legal aid (Legal Services Authorities Act)
• Art 40 — Organisation of Village Panchayats
• Art 41 — Right to work, education, public assistance
• Art 43 — Living wage for workers
• Art 44 — Uniform Civil Code — one personal law for all
• Art 45 — Free and compulsory education for children (Now Art 21A)
• Art 48 — Prohibition of cow slaughter
• Art 48A — Protection of environment and forests
• Art 51 — Promotion of international peace

Fundamental Duties — Part IVA, Article 51A. Added by 42nd Amendment 1976 (10 duties) + 86th Amendment 2002 (11th duty — parent's duty to provide education). Borrowed from USSR. Non-justiciable but courts use them to uphold laws.

⚖️ DPSP vs Fundamental Rights — the great conflict

When DPSP and FR conflict, which wins?
Pre-1973: FR won (State of Madras v. Champakam Dorairajan 1951)
42nd Amendment (1976): Tried to make DPSP superior — struck down by SC
Current position: FRs prevail, BUT courts try to harmoniously read both. State can restrict FRs to implement DPSPs (Art 31C — gives some protection to laws implementing Art 39b and 39c).
Minerva Mills case (1980): SC struck down Art 31C expansion — balance between FR and DPSP is part of Basic Structure.

📋 11 Fundamental Duties (Article 51A)

1. Abide by Constitution, respect national flag and anthem
2. Cherish the noble ideals of freedom struggle
3. Uphold and protect sovereignty, unity, integrity of India
4. Defend the country and render national service when called
5. Promote harmony and brotherhood among all people
6. Preserve rich heritage of our composite culture
7. Protect and improve natural environment
8. Develop scientific temper, humanism, spirit of inquiry
9. Safeguard public property and abjure violence
10. Strive towards excellence in all spheres
11. Provide education to child between 6-14 years (added 2002)

🎬

FRs vs DPSPs — Justiciable vs Non-Justiciable

Animation
DPSP vs FUNDAMENTAL RIGHTS — CLICK TO COMPARE ⚖️ FUNDAMENTAL RIGHTS Part III — Articles 12-35 ✅ JUSTICIABLE — Enforceable by courts • Courts can enforce them • Violation = legal remedy available • Negative duties on State (don't violate) • Available to individuals • Cannot be taken away by Parliament • Borrowed from USA • Promote political democracy Examples: Art 14: Equality | Art 21: Right to Life Art 19: Freedoms | Art 32: Remedies 🧭 DPSP Part IV — Articles 36-51 ❌ NON-JUSTICIABLE — Courts cannot enforce • Courts cannot directly enforce • Guidelines for state policy-making • Positive duties on State (do these things) • For the community/society • Can be overridden in extreme cases • Borrowed from Ireland • Promote social/economic democracy Examples: Art 44: Uniform Civil Code Art 48A: Protect environment | Art 40: Panchayats CLICK FOR DETAILS FRs and DPSPs together form the conscience of the Constitution — political rights + social goals.

Granville Austin called FRs and DPSPs the "conscience of the Constitution" — one guarantees, the other guides.

📜

Key DPSPs & Their Implementation

Interactive
ArticleArticle 44 — Uniform Civil Code
What it saysState shall endeavour to secure a Uniform Civil Code for all citizens
Current statusNOT implemented — different personal laws for different religions
Goa exceptionOnly state with Uniform Civil Code (inherited from Portuguese law)
DebateControversial — religious minorities see it as threat to personal law
Practice (UPSC/SSC): What are Fundamental Duties? Are they enforceable?
Fundamental Duties (Article 51A, Part IVA):
• Added by 42nd Amendment 1976 on recommendation of Swaran Singh Committee
• 10 duties added initially + 11th added by 86th Amendment 2002
• Applicable only to citizens (not non-citizens)
• Non-justiciable — cannot be directly enforced by courts

Are they useful despite being non-justiciable?
• Courts use them to uphold validity of laws — if a law promotes Fundamental Duties, it is likely constitutional
• Example: Laws protecting national flag, anthem upheld using Art 51A(a)
• Prevention of Insults to National Honour Act upheld using FDs
• Courts have interpreted FDs as help in determining scope of other rights

Criticism:
• No mechanism to enforce
• No sanction if not followed
• Added under Emergency — not by free Constituent Assembly

Importance: They codify what citizens owe to the nation, balancing rights with responsibilities.
Practice (SSC): Which DPSP has been most successfully implemented? Give examples.
Several DPSPs have been successfully implemented through legislation:

Article 39A (Equal justice and free legal aid):
→ Legal Services Authorities Act, 1987. NALSA provides free legal aid to poor, SC/ST, women, children, disabled.

Article 40 (Village Panchayats):
→ 73rd Constitutional Amendment 1992 — gave constitutional status to Panchayati Raj

Article 41 (Right to work and public assistance):
→ MGNREGA 2005 — 100 days work guarantee

Article 43 (Living wage for workers):
→ Minimum Wages Act, various labour codes

Article 45 (Free education for children):
→ 86th Amendment 2002 added Article 21A making education a Fundamental Right
→ Right to Education Act 2009

Article 48A (Environment protection):
→ Environment Protection Act 1986, Forest Conservation Act — HC and SC have used Art 48A to pass orders protecting environment

Most DPSPs became law through political will, not court orders — that is how they are supposed to work.
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