Directive Principles of State Policy and Fundamental Duties


Directive Principles of State Policy: Concept and Goals

The Constitution includes a set of policy guidelines known as the Directive Principles of State Policy (DPSP), contained in Part IV (Articles 36–51). These were inspired mainly by the Irish Constitution, which in turn drew from the Spanish Constitution. Article 37 states that DPSPs are not enforceable by any court but are “fundamental in the governance of the country”, creating a constitutional obligation on the State to apply them in law‑making.​​

The core goals of DPSP are: welfare of the people, social, economic and political justice, reduction of inequalities, equitable distribution of resources, improvement in standard of living and promotion of international peace and security.

Classification of DPSP: Socialist, Gandhian and Liberal

The Constitution does not formally classify DPSP; however, on the basis of their content, they are usually grouped into socialist, Gandhian and liberal‑intellectual principles.​

  • Socialist principles focus on social and economic justice and welfare.​​
    • Article 38 – securing a social order based on justice and minimising inequalities.
    • Article 39 – adequate means of livelihood, equitable distribution of material resources, prevention of concentration of wealth, equal pay for equal work, protection of workers and children.
    • Article 39A – free legal aid, equal justice.
    • Article 41 – right to work, education and public assistance in cases of unemployment, old age, sickness, disablement.
    • Article 42 – humane conditions of work and maternity relief.
    • Article 43 and 43A – living wage, decent standard of life, worker participation in management.
    • Article 47 – nutrition, standard of living, public health.​​
  • Gandhian principles reflect Gandhi’s vision of village‑based, self‑reliant and morally guided society.​​
    • Article 40 – organisation of village panchayats as units of self‑government.
    • Article 43 and 43B – cottage industries and co‑operative societies.
    • Article 46 – educational and economic interests of SCs, STs and weaker sections and protection from social injustice.
    • Article 47 – prohibition of intoxicating drinks and drugs injurious to health.
    • Article 48 – prohibition of slaughter of cows, calves and other milch and draught cattle.​
  • Liberal‑intellectual principles represent liberal democratic values and international outlook.​​
    • Article 44 – Uniform Civil Code.
    • Article 45 – early childhood care and education up to the age of six years.
    • Article 48 – agriculture and animal husbandry on modern and scientific lines.
    • Article 48A – protection and improvement of environment and safeguarding forests and wildlife.
    • Article 49 – protection of monuments and places of national importance.
    • Article 50 – separation of judiciary from executive.
    • Article 51 – international peace, just relations, respect for international law and peaceful settlement of disputes.​​

DPSP vs Fundamental Rights: From Tension to Harmony

Fundamental Rights primarily protect individual freedoms, whereas Directive Principles ensure the well‑being of society as a whole. Fundamental Rights are justiciable and can be enforced by courts, while DPSP are non‑justiciable and cannot be directly enforced; however, DPSP direct the State to pursue welfare policies.​​

Initially, courts gave clear primacy to Fundamental Rights, but later the Supreme Court moved towards a harmonious construction where Rights and DPSP are seen as complementary, both forming part of the basic philosophy of the Constitution. A good mains line is: “Fundamental Rights ensure political democracy; DPSP aim to secure social and economic democracy, together realising the ideal of a welfare state.

Fundamental Duties

Since ancient times, the idea of “dharma” as a sense of duty has been part of the Indian way of life, and Part IV‑A is a constitutional recognition of this tradition, endorsing tolerance, mutual respect, pluralism and dignity of women. Fundamental Duties were inserted in Part IV‑A under Article 51A by the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee, and the eleventh duty was added by the 86th Amendment Act, 2002.​

The idea of Fundamental Duties was inspired by the Constitution of the former USSR; duties apply only to citizens of India and not to foreigners, and they are non‑justiciable though Parliament can give them effect through legislation. The list covers duties towards women, environment, education, unity and integrity, and ideals of the national movement, making them inclusive and comprehensive in spirit.​​

List and Themes of Fundamental Duties (Article 51A)

Article 51A lists 11 Fundamental Duties of citizens.​​

  • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem (not the national song).​​
  • To cherish and follow the noble ideals that inspired the freedom struggle.
  • To uphold and protect the sovereignty, unity and integrity of India.
  • To defend the country and render national service when called upon to do so.
  • To promote harmony and the spirit of common brotherhood, transcending diversities, and to renounce practices derogatory to the dignity of women.
  • To value and preserve the rich heritage of composite culture.
  • To protect and improve the natural environment and have compassion for living creatures.
  • To develop scientific temper, humanism and the spirit of inquiry and reform.
  • To safeguard public property and to abjure violence.
  • To strive towards excellence in all spheres of individual and collective activity.
  • To provide opportunities for education to children between 6 and 14 years of age (added by the 86th Amendment Act, 2002).​

Themes​

  • Constitutional loyalty and nationalism – respecting the Constitution, the National Flag and the National Anthem; upholding sovereignty, unity and integrity; defending the country and rendering national service when called upon.
  • Social harmony and gender justice – promoting harmony and common brotherhood beyond religious, linguistic and regional diversities, and renouncing practices derogatory to the dignity of women.
  • Cultural and environmental preservation – valuing the rich heritage of composite culture; protecting and improving the natural environment including forests, lakes, rivers, wildlife, and having compassion for living creatures.
  • Civic discipline and excellence – safeguarding public property, abjuring violence, and striving towards excellence in all spheres so that the nation rises to higher levels of endeavour and achievement.
  • Educational responsibility – parents and guardians providing educational opportunities to children between 6 and 14 years of age

Nature, Enforcement and Judicial Use of Fundamental Duties

Fundamental Duties, like DPSP, are non‑justiciable by themselves; citizens cannot be directly punished for their breach unless there is a specific law enacted by Parliament. However, several laws relating to national honour, public property and environment indirectly enforce aspects of these duties.​​

The Supreme Court has used Fundamental Duties as interpretative aids in cases dealing with environmental protection, national symbols and education, thereby giving them practical relevance in constitutional adjudication. This shows that even non‑enforceable duties can shape constitutional culture and state policy in India.

DPSP and Fundamental Duties Together: Welfare and Responsible State

DPSP outline the obligations of the State in creating a just social order, while Fundamental Duties highlight the obligations of citizens in sustaining that order. Themes like environment (Article 48A and 51A(g)), education (Article 45 and 51A(k)) and social justice (Articles 38, 39, 46 and 51A(e), 51A(j)) clearly show the convergence between state policy and citizen behaviour.

PREVIOUS YEAR QUESTIONS

Discuss the relationship between Fundamental Rights and Directive Principles of State Policy. How has the Supreme Court ensured harmony between them in its decisions? (MPPSC)

Critically analyse the significance of Fundamental Duties in the Indian Constitution. Do you think they should be made enforceable? Give arguments. (MPPSC)

Examine how Directive Principles of State Policy help in establishing a welfare state in India. Also discuss limitations in their implementation. (UPPSC)

Explain the importance of Article 51A. In what ways can Fundamental Duties strengthen constitutional culture in India? (UPPSC)

Evaluate the relevance of Gandhian Directive Principles in the present socio‑economic scenario of India. (CGPSC)

Directive Principles of State Policy are fundamental in the governance of the country but are not justiciable. Comment. (RPSC)


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