Directive Principles of State Policy is part of Indian Polity and Governance. Below are notes on 13 sub-topics, followed by practice MCQs from State PSC and UPSC papers.

Classification of DPSPs (Socialistic, Gandhian, Liberal-Intellectual Principles)

  • General Principles of DPSPs:
    • Contained in Part IV of the Constitution (Articles 36-51).
    • Article 36: Defines 'State' as in Part III.
    • Article 37: Declares DPSPs are not enforceable by any court but are fundamental in the governance of the country, and it is the duty of the State to apply these principles in making laws.
    • Commonly classified into three broad categories for convenience: Socialistic, Gandhian, and Liberal-Intellectual (this classification is not explicitly in the Constitution).
  • I. Socialistic Principles: Aim to provide social and economic justice, leading towards a welfare state.
    • Article 38: Promote the welfare of the people by securing a social order permeated by justice (social, economic, political) and to minimise inequalities in income, status, facilities, and opportunities (44th Amendment Act, 1978, added minimizing inequalities).
    • Article 39: Direct policy towards securing:
      • (a) Adequate means of livelihood for all citizens.
      • (b) Equitable distribution of material resources 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) Protection of health and strength of workers and children against forcible abuse.
      • (f) Opportunities for healthy development of children.
    • Article 39A: Promote equal justice and provide free legal aid to the poor (Added by 42nd Amendment Act, 1976).
    • Article 41: Secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
    • Article 42: Make provision for just and humane conditions for work and maternity relief.
    • Article 43: Secure a living wage, a decent standard of life, and social and cultural opportunities for all workers.
    • Article 43A: Take steps to secure the participation of workers in the management of industries (Added by 42nd Amendment Act, 1976).
    • Article 47: Raise the level of nutrition and the standard of living of people and improve public health (including prohibition of intoxicating drinks and drugs).
  • II. Gandhian Principles: Based on Gandhian ideology.
    • Article 40: Organise village panchayats and endow them with powers and authority to function as units of selfgovernment.
    • Article 43: Promote cottage industries on an individual or co-operative basis in rural areas.
    • Article 43B: Promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies (Added by 97th Amendment Act, 2011).
    • Article 46: Promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, and protect them from social injustice and exploitation.
    • Article 47: Prohibit the consumption of intoxicating drinks and drugs injurious to health.
    • Article 48: Prohibit the slaughter of cows, calves, and other milch and draught cattle, and improve their breeds.
  • III. Liberal-Intellectual Principles: Reflect the ideology of liberalism.
    • Article 44: Secure for all citizens a Uniform Civil Code (UCC) throughout the country.
      • Goa is the only state in India currently implementing a UCC.
      • UCC aims to replace diverse personal laws (marriage, divorce, inheritance, adoption) with a uniform law for all citizens.
    • Article 45: Provide early childhood care and education for all children until they complete the age of six years (Original provision for education up to 14 years was replaced by the 86th Amendment Act, 2002, which made elementary education a Fundamental Right under Article 21A).
    • Article 48: Organise agriculture and animal husbandry on modern and scientific lines.
    • Article 48A: Protect and improve the environment and safeguard forests and wildlife (Added by 42nd Amendment Act, 1976).
    • Article 49: Protect every monument, place, and object of artistic or historic interest declared to be of national importance.
    • Article 50: Separate the judiciary from the executive in the public services of the State.
    • Article 51: Promote international peace and security, and endeavour to:
      • (a) Maintain just and honourable relations between nations.
      • (b) Foster respect for international law and treaty obligations.
      • (c) Encourage settlement of international disputes by arbitration.
  • Key Concepts/Provisions NOT included in DPSPs:
    • Small family norm.
    • Education through mother tongue at primary level.
    • Protection of personal law.
    • Right to Information.
    • Freedom of Press, Freedom of Religion, Equality before Law (these are Fundamental Rights).
    • Protection in respect of Conviction for offences, Protection of life and personal liberty, Protection of interest of minorities (these are Fundamental Rights).
    • Right of minorities relating to establishment and administration of Educational Institutions (Article 30, Fundamental Right).
    • Promoting harmony and spirit of common brotherhood amongst all the people of India (Fundamental Duty, Article 51A).
    • Opposition to private property (not explicitly stated as a DPSP in Article 39).

Criticism of Directive Principles

  • Non-justiciable: Lacks legal enforceability, leading to criticism as mere moral precepts without force.
  • Illogically arranged: Not based on any consistent philosophy; a mix of diverse concepts.
  • Conservative: Reflects political philosophy of the 19th century (e.g., Fabian socialism) and is not suited to modern India.
  • Constitutional conflict: Can lead to friction between the Centre and States, or between the President/Governor and the Prime Minister/Chief Minister.
  • K.T. Shah: Criticized DPSP as "a cheque which is paid on Bank's convenience."
  • Nasiruddin: Described DPSP as "only pious aspirations of the noble souls."
  • K.C. Wheare: Considered DPSP "pious aspirations" and "a jumble of humanitarian precepts."
  • Ivor Jennings: Referred to DPSP as "pious aspirations" and "moral precepts."

Directives outside Part IV of the Constitution

  • Article 51 is a Directive Principle of State Policy (DPSP) under Part IV of the Indian Constitution, dealing with international relations.
  • It directs the State to promote international peace and security.
  • It mandates the State to maintain just and honourable relations between nations.
  • It fosters respect for international law and treaty obligations.
  • It encourages settlement of international disputes by arbitration.
  • Article 51 does NOT specifically mention the use of UN peacekeeping forces for the resolution of international disputes.

Distinction between Fundamental Rights and Directive Principles

  • Part & Articles: Fundamental Rights (FRs): Part III (Art. 12-35). Directive Principles of State Policy (DPSPs): Part IV (Art. 36-51).
  • Nature/Enforceability: FRs: Justiciable, enforceable by courts (can move SC/HC). DPSPs: Non-justiciable, not enforceable by courts.
  • Objective: FRs: Establish political democracy. DPSPs: Aim for socio-economic democracy.
  • Obligation: FRs: Negative (restrain state from doing certain things). DPSPs: Positive (require state to do certain things).
  • Scope: FRs: Protect individuals from arbitrary state action. DPSPs: Promote general welfare and guide state policy for societal good.
  • Supremacy/Conflict: FRs: Generally superior; an act violating an FR can be declared void. DPSPs: Cannot be enforced at the cost of FRs (original position). Parliament can amend FRs to implement DPSPs (subject to Basic Structure Doctrine).
  • Examples (Relevant to MCQ):
    • Fundamental Rights include: Right against exploitation (Art. 23 & 24).
    • Directive Principles include: Right to work (Art. 41), Right to education (initially Art. 45, now also FR Art. 21A), Right to public assistance in case of unemployment (Art. 41).

Enforceability and Non-Justiciable Nature of DPSPs

  • Constitutional Basis: DPSPs are contained in Part IV of the Indian Constitution (Articles 36-51).
  • Article 37: Explicitly states that DPSPs are "fundamental in the governance of the country" and it shall be "the duty of the State to apply these principles in making laws."
  • Non-Justiciable Nature (Article 37): DPSPs "shall not be enforceable by any court."
  • Implications of Non-Justiciability:
    • Citizens cannot approach any court (District, High, or Supreme Court) to enforce DPSPs if the government fails to implement or violates them.
    • Courts cannot issue writs for non-compliance or breach of DPSPs.
    • Non-enforcement or alleged breach of a DPSP does not invalidate existing laws.
    • They do not confer any enforceable legal rights on individuals that can be claimed in a court of law.
  • Role of DPSPs:
    • Guiding Principles: Act as guideposts or instructions to the State (legislature and executive) for making laws and formulating policies.
    • Fundamental in Governance: Though not legally enforceable, they are considered essential for the country's governance.
    • Welfare State Objective: Aim to establish a social and economic democracy and achieve a welfare state.
    • Supplement Fundamental Rights: DPSPs are considered to supplement Fundamental Rights in achieving a welfare state, promoting social and economic justice.
  • Relationship with Fundamental Rights:
    • DPSPs cannot automatically override all Fundamental Rights.
    • However, Parliament can amend Fundamental Rights to implement DPSPs, subject to the Basic Structure doctrine (established in cases like Kesavananda Bharati and Minerva Mills).
  • Examples of Non-Justiciable Rights (DPSPs):
    • Right to adequate means of livelihood (Art 39(a)).
    • Right to equal pay for equal work for men and women (Art 39(d)).
    • Right to free legal aid (Art 39A).
    • Right to a decent standard of living (Art 43).
  • Nature of Duty: DPSPs impose a moral and political duty on the State, not a legal duty enforceable by courts. They are recommendatory and non-justiciable.

Evolution of the relationship between FRs and DPSPs through landmark judgments

  • Champakam Dorairajan Case (1951): SC ruled FRs are superior to DPSPs. DPSPs are subsidiary to FRs. Parliament can amend FRs to implement DPSPs.
  • Golaknath Case (1967): SC ruled FRs are 'transcendental' and beyond the amending power of Parliament.
  • 24th CAA (1971): Parliament regained power to amend any part of the Constitution, including FRs.
  • 25th CAA (1971): Inserted Article 31C. Laws made to implement DPSPs specified in Article 39(b) and (c) cannot be challenged on grounds of violating Articles 14, 19, or 31. It also attempted to oust judicial review of such laws.
  • Kesavananda Bharati Case (1973): Upheld 24th CAA's power to amend FRs. Upheld the first part of Article 31C (precedence of Art 39(b)&(c) over Arts 14, 19). Struck down the second part of Art 31C (ouster of judicial review) as unconstitutional. Introduced the 'Basic Structure Doctrine'.
  • 42nd CAA (1976): Extended the scope of Article 31C to all DPSPs. It provided that any law made to implement any DPSP could not be challenged on grounds of violating Articles 14 or 19.
  • Minerva Mills Case (1980): SC struck down the extension of Article 31C (introduced by 42nd CAA) to all DPSPs as unconstitutional. It held that this extension destroyed the 'basic structure' of the Constitution.
  • Minerva Mills Case (1980): Reaffirmed the validity of the original Article 31C, meaning the precedence of Articles 39(b) and (c) over Articles 14 and 19 remains constitutional.
  • Minerva Mills Case (1980): Declared that "the Indian Constitution is founded on the bedrock of balance between the Fundamental Rights and the Directive Principles."
  • Current Position: FRs are generally superior to DPSPs, but Articles 39(b) and (c) have precedence over Articles 14 and 19. The Judiciary emphasizes harmony and balance between the two.
  • Sarla Mudgal Vs. Union of India (1995): SC directed the government to enact a Uniform Civil Code (UCC) under Article 44 to promote national integration.

Features of Directive Principles of State Policy

  • Contained in Part IV of the Indian Constitution, covering Articles 36 to 51.
  • Borrowed from the Constitution of Ireland.
  • Incorporated the 'Instrument of Instructions' contained in the Government of India Act, 1935.
  • Aim to establish India as a 'Welfare State' and achieve socio-economic democracy and economic reconstruction.
  • They are non-justiciable: not enforceable by any court of law (Article 37).
  • Fundamental in the governance of the country; it shall be the duty of the State to apply these principles in making laws (Article 37).
  • Described by Dr. B.R. Ambedkar as a 'novel feature' of the Indian Constitution.
  • Reflect principles and provisions of the Universal Declaration of Human Rights (1948).
  • Key Directive Principles & Articles:
    • Article 38: State to secure a social order for the promotion of the welfare of the people; minimize inequalities in income, status, facilities, and opportunities.
    • Article 39: State to direct its policy towards securing:
      • Adequate means of livelihood for all citizens.
      • Equitable distribution of material resources for the common good (Art 39(b)).
      • Prevention of concentration of wealth and means of production (Art 39(c)).
      • Equal pay for equal work for both men and women (Art 39(d)).
      • Protection of the health and strength of workers, and against exploitation of children and youth.
    • Article 39A: Promote equal justice and provide free legal aid to the poor (added by 42nd Amendment, 1976).
    • Article 40: Organize village panchayats and endow them with powers of self-government.
    • Article 41: Secure the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
    • Article 42: Make provision for just and humane conditions for work and for maternity relief.
    • Article 43: Secure a living wage, a decent standard of life, and social and cultural opportunities for all workers.
    • Article 43A: Secure participation of workers in the management of industries (added by 42nd Amendment, 1976).
    • Article 43B: Promote voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies (added by 97th Amendment, 2011).
    • Article 44: Endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
    • Article 45: Provide for early childhood care and education for all children until they complete the age of six years (amended by 86th Amendment, 2002; originally concerned free and compulsory education for children up to 14 years).
    • Article 46: Promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
    • Article 47: Raise the level of nutrition and the standard of living and improve public health; prohibit the consumption of intoxicating drinks and drugs injurious to health.
    • Article 48: Organize agriculture and animal husbandry on modern and scientific lines; prohibit the slaughter of cows, calves, and other milch and draught cattle.
    • Article 48A: Protect and improve the environment and to safeguard the forests and wildlife of the country (added by 42nd Amendment, 1976). This principle also appears as a Fundamental Duty (Art 51A(g)).
    • Article 49: Protect all monuments, places, and objects of artistic or historic interest declared to be of national importance.
    • Article 50: Separate the judiciary from the executive in the public services of the State.
    • Article 51: Promote international peace and security; maintain just and honourable relations between nations; foster respect for international law; encourage settlement of international disputes by arbitration.

Implementation of Directive Principles (Legislative and Executive Measures)

  • Article 38 (Social Order, Minimize Inequalities):
    • 44th Constitutional Amendment (CA), 1978: Inserted clause (2) in Art 38, mandating the State to minimize inequalities in income, status, facilities, and opportunities.
  • Article 39 (Principles of Policy):
    • Article 39(e) & 39(f): Serve as a basis for child welfare legislation and protection from exploitation (e.g., align with Article 24's prohibition of child labour).
  • Article 39A (Equal Justice & Free Legal Aid):
    • 42nd CA, 1976: Inserted Art 39A.
    • Legal Services Authorities Act, 1987: Enacted to give effect to Art 39A, providing free and competent legal services.
    • The right to legal aid is a DPSP (Art 39A). Police are duty-bound to inform an arrested person of this right.
  • Article 40 (Organisation of Village Panchayats):
    • 73rd CA, 1992: Gave constitutional status and protection to Panchayati Raj Institutions.
  • Article 41 (Right to work, education, public assistance):
    • The Payment of Gratuity Act, 1972: Enacted to ensure social security for workers.
    • Other measures include MGNREGA, old-age pensions, and unemployment allowances.
  • Article 42 (Just & Humane Conditions of Work & Maternity Relief):
    • The Payment of Gratuity Act, 1972: Supports just conditions of work and social security for workers.
    • Maternity Benefit Act, 1961.
    • Factories Act, 1948: Provides for safety, health, and welfare of workers.
  • Article 43B (Promotion of Co-operative Societies):
    • 97th CA, 2011: Inserted Art 43B.
  • Article 44 (Uniform Civil Code - UCC):
    • Roman Catholic Priest, John Vallanmatton Vs. Union of India: Case related to disparities in personal laws, often cited in discussions concerning the need for a UCC.
  • Article 45 (Early Childhood Care & Education):
    • 86th CA, 2002: Changed the subject matter of Art 45 from elementary education (which became FR 21A) to early childhood care for children below six years.
    • Integrated Child Development Services (ICDS) Scheme.
  • Article 46 (Promotion of Educational & Economic interests of SC, ST & Other Weaker Sections):
    • State Governments prohibit the transfer of land from tribals to non-tribals to protect their interests, implementing Art 46.
    • Reservation policies for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
  • Article 50 (Separation of Judiciary from Executive):
    • Implemented through various state laws and reforms, ensuring judicial officers perform distinct functions from executive officers (Part-IV of Constitution).

Judicial Interpretation concerning DPSPs and Fundamental Rights

  • Article 39A: Equal justice and free legal aid is a Directive Principle of State Policy (DPSP).
  • Article 39A was inserted into the Constitution by the 42nd Amendment Act of 1976.
  • It mandates the State to secure that the operation of the legal system promotes justice on a basis of equal opportunity, and to provide free legal aid.
  • The purpose of Article 39A is to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
  • The Legal Services Authorities Act, 1987, was enacted by Parliament to give effect to Article 39A.
  • The Act provides for free and competent legal services to the weaker sections of society.
  • The Legal Services Authorities Act, 1987, also organizes Lok Adalats as an alternative dispute resolution mechanism.
  • Lok Adalats function outside the formal adjudicatory system to reduce the burden of cases in courts and provide expeditious justice.
  • Access to justice for weaker sections is a constitutional mandate, reinforced by Article 39A, ensuring fair treatment under the Indian legal system.

New DPSPs added by Constitutional Amendments

  • Article 39A: To promote equal justice and provide free legal aid to the poor. (Added by 42nd Amendment Act, 1976).
  • Article 43A: To take steps to secure the participation of workers in the management of industries. (Added by 42nd Amendment Act, 1976).
  • Article 48A: To protect and improve the environment and to safeguard forests and wildlife. (Added by 42nd Amendment Act, 1976).
  • Article 38(2): To minimise inequalities in income, status, facilities, and opportunities. (Added a clause by 44th Amendment Act, 1978).
  • Article 45: Changed to provide for early childhood care and education for all children until the age of six years. (Amended by 86th Amendment Act, 2002).
  • Article 43B: To promote voluntary formation, autonomous functioning, democratic control, and professional management of co-operative societies. (Added by 97th Amendment Act, 2011).

Relationship between Fundamental Rights and Directive Principles (Conflict and Harmony)

  • Nature of Relationship: Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) are complementary, forming the conscience of the Constitution.
  • FRs: Part III, justiciable, negative obligations on State, aim for political democracy.
  • DPSPs: Part IV, non-justiciable (Article 37), positive obligations on State, aim for socioeconomic democracy and a welfare state, guide state in administration and law-making.
  • Initial Stance (FRs Superior):
    • Champakam Dorairajan Case (1951): Supreme Court held FRs are superior to DPSPs; DPSPs must conform to FRs.
  • Parliamentary Amendments & Judicial Review:
    • Golaknath Case (1967): SC ruled FRs cannot be amended to implement DPSPs (reversed by 24th Amendment).
    • 24th Amendment Act (1971): Empowered Parliament to amend any part of the Constitution, including FRs.
    • 25th Amendment Act (1971): Inserted Article 31C: Laws implementing Article 39(b) and 39(c) cannot be challenged for violating Articles 14, 19, or 31. (Declaration clause barring judicial review was later struck down).
    • Kesavananda Bharati Case (1973):
      • Upheld 24th Amendment and the first part of Article 31C (precedence of 39(b), (c) over 14, 19, 31).
      • Struck down the declaration clause of 31C (judicial review is part of Basic Structure).
      • Stated FRs and DPSPs are complementary, aiming for common constitutional goals.
    • 42nd Amendment Act (1976): Extended Article 31C to provide precedence to all DPSPs over Fundamental Rights under Articles 14, 19.
    • Minerva Mills Case (1980):
      • Struck down the extended scope of Article 31C (from 42nd Amendment).
      • Held that the harmony and balance between FRs and DPSPs is an essential feature of the Basic Structure of the Constitution.
      • Emphasized FRs and DPSPs are complementary, forming the 'bedrock' of the Constitution.
  • Current Position on Precedence:
    • FRs are generally superior to DPSPs.
    • Exception: Article 39(b) and 39(c) have precedence over Articles 14 and 19 (as per current Article 31C and upheld by SC).
  • Harmonious Interpretation & Examples:
    • Courts interpret FRs in light of DPSPs to promote constitutional objectives.
    • Unnikrishnan vs. State of Andhra Pradesh (1993): Right to Education (DPSP Art 45) declared a Fundamental Right under Art 21.
    • Article 39(b): Mandates distribution of material resources for common good; influenced SC's decision in the 2G Spectrum allotment case (2012) for public auction.
    • Article 23: Prohibits forced labour ('begar') and traffic in human beings; village custom requiring free labour infringes this Fundamental Right.

Role of DPSPs in achieving socio-economic justice

  • DPSPs are instrumental in establishing India as a 'Welfare State'.
  • Their primary purpose is to secure socioeconomic justice and establish social and economic democracy.
  • 'Economic Justice' is an objective enshrined in both the Preamble and the Directive Principles of State Policy.
  • DPSPs guide the State to strive for a social order where justice (social, economic, political) permeates all institutions of national life (Art. 38).
  • They mandate policies to minimize inequalities in income, status, facilities, and opportunities (Art. 38).
  • DPSPs direct the State to secure for all citizens:
    • Adequate means of livelihood (Art. 39(a)).
    • Equitable distribution of material resources for the common good (Art. 39(b)).
    • Prevention of concentration of wealth and means of production (Art. 39(c)).
    • Equal pay for equal work for both men and women (Art. 39(d)).
    • Protection of health and strength of workers, children (Art. 39(e), (f)).
    • A decent standard of living, full employment, leisure, and social and cultural opportunities for all workers (Art. 43).
    • Protection and improvement of public health (Art. 47).
  • Legislation aimed at removing economic inequalities, providing a decent standard of living, or protecting weaker sections (consistent with DPSP goals) is generally upheld by courts as contributing to social justice.
  • However, such laws cannot be "unquestionable" or beyond judicial review, implying adherence to overall constitutional principles.
  • DPSPs do not aim to establish a religious state.
  • DPSPs also promote international peace and security (Art. 51).

Significance and Utility of Directive Principles

  • Directive Principles of State Policy (DPSP) embody the concept and ideal of a 'Welfare State' in the Indian Constitution.
  • DPSP are fundamental in the governance of the country, acting as guidelines for the State.
  • Dr. B.R. Ambedkar stated that DPSP, though non-binding in courts, must be respected by those in power and they are accountable to the electorate for their breach.
  • L.M. Singhvi described DPSP as "life-giving provisions of the constitution."
  • Sir Ivor Jennings referred to DPSP as "a manifesto of aims and aspirations."
  • Granville Austin viewed DPSP as a "decisive Politico-Constitutional tool for bringing about social revolution."
  • DPSP constitute ideals for social and economic justice.
  • The sanction behind DPSP is moral and political, not legal, as they are non-justiciable.
  • DPSP are not confined solely to Part IV; other directives include Article 335 (claims of SCs/STs to services), Article 350A (instruction in mother tongue), and Article 351 (development of Hindi language).
  • DPSP urge measures like the separation of the judiciary from the executive (Article 50).
  • They serve as a code of conduct for administrators and guide the State in achieving noble ideals and socio-economic justice.

17. Fundamental Duties

Practice MCQs: Directive Principles of State Policy

Classification of DPSPs (Socialistic, Gandhian, Liberal-Intellectual Principles)

  1. Which of the following is/are listed among the Directive Principles in Part-IV of the Constitution of India ? I. Equal Pay for Equal Work II. Uniform Civil Code III. Small family norm IV. Education through mother tongue at primary level.

    Asked in: BPSC Prelims Exam 60 62rd

    1. I, II and III
    2. I and II
    3. II and III
    4. I, II and IV
    Show answer

    Answer: B. I and II

    Article 39(d) of the Constitution states that the State shall direct its policy towards securing equal pay for equal work for both men and women. Article 44 states that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Both are part of the Directive Principles of State Policy (DPSPs) in Part IV.

  2. Which one of the following Articles of the Constitution of India deals with Uniform Civil Code?

    Asked in: UPSC Geoscientist 2020

    1. Article 44
    2. Article 40
    3. Article 39A
    4. Article 41
    Show answer

    Answer: A. Article 44

    A Uniform Civil Code (UCC) would replace personal laws based on scriptures and customs of various religious communities (such as Hindu, Muslim, Christian, Sikh, Parsi personal laws) with a common set of laws governing marriage, divorce, inheritance, adoption, maintenance, etc., for all citizens.

  3. The Constitution upholds the rights of labours and ensures labour welfare in which of the following ways via Directive Principles? 1. It makes provision for just and humane conditions for work and maternity relief. 2. It exhorts the government to take steps to secure the participation of workers in the management of industries. Which of the above statements is/are correct?

    Asked in: GPSC Prelims CSP 1 2024

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C. Both 1 and 2

    Statement 1 is correct. Article 42 of the Directive Principles of State Policy directs the State to make provision for securing just and humane conditions of work and for maternity relief. Statement 2 is correct. Article 43A, inserted by the 42nd Amendment Act of 1976, directs the State to take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. Both articles are part of the Directive Principles and uphold the rights and welfare of labourers.

  4. Which Article of the Constitution directs the state to Endeavour secure uniform Civil Code throughout the country ?

    Asked in: GPSC Prelims CSP 1 2017

    1. Article 41
    2. Article 42
    3. Article 43
    4. Article 44
    Show answer

    Answer: D. Article 44

  5. Which of the following Article in Indian constitution is related to protection and improvement of the environment and safeguarding of forests and wildlife of the country ?

    Asked in: GPSC Prelims CSP 2 2017

    1. Article 47 A
    2. Article 48 A
    3. Article 49 A
    4. Article 50 A
    Show answer

    Answer: B. Article 48 A

    Article 48A is a directive to the State, meaning it is a principle that the government should follow in enacting laws and policies, although it is not directly enforceable in courts. It reflects the growing environmental awareness in the post- independence era.

  6. Which of the following statements are mentioned in Indian Constitution under promotion of International Peace and Security as part of Directive Principles of State policy? 1. Promote international peace and security. 2. Maintain just and honorable relations between nations. 3. Foster respect for international law and treaty obligations in the dealings of organised people with one another. 4. Encourage settlement of international disputes by arbitration.

    Asked in: GPSC Prelims CSP 1 2022

    1. 1, 2, 3 and 4
    2. 2, 3 and 4 only
    3. 1, 2 and 3 only
    4. 1, 3 and 4 only
    Show answer

    Answer: A. 1, 2, 3 and 4

    - Article 51 of the Constitution, which is a part of the Directive Principles of State Policy (Part IV), lays down that the State shall endeavour to: - (a) promote international peace and security; - (b) maintain just and honourable relations between nations; - (c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and - (d) encourage settlement of international disputes by arbitration.

  7. Match List I with List II : List-I List-II (a) Organisation of Village Pan‐ (i) Article chayat 44 (b) Promotion of International (ii) Article Peace and Security 39A (iii) Article (c) Uniform Civil Code 40 (d) Equal Justice and Free legal aid (iv) Article 51 Choose the correct answer from the options given below :

    Asked in: HPPSC HPAS Prelims 2023

    1. (a)-(ii), (b)-(iii), (c)-(iv), (d)-(i)
    2. (a)-(i), (b)-(ii), (c)-(iii), (d)-(iv)
    3. (a)-(iii), (b)-(iv), (c)-(i), (d)-(ii)
    4. (a)-(iv), (b)-(i), (c)-(ii), (d)-(iii)
    Show answer

    Answer: C. (a)-(iii), (b)-(iv), (c)-(i), (d)-(ii)

    These are Directive Principles of State Policy (DPSP) enshrined in Part IV of the Indian Constitution. - Article 40 mandates the State to organize Village Panchayats and endow them with powers and authority to function as units of self-government. - Article 51 promotes international peace and security, maintains just and honourable relations between nations, fosters respect for international law and treaty obligations, and encourages settlement of international disputes by arbitration. - Article 44 directs the State to endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. - Article 39A promotes equal justice and provides for free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Criticism of Directive Principles

  1. Who among the following considered the Directive Principles of State Policy as aiming at 'furthering the goals of social exclusion'?

    Asked in: UPSC CDS 2 2021

    1. B.N. Rau
    2. Granville Austin
    3. K.C. Wheare
    4. Rajni Kothari
    Show answer

    Answer: D. Rajni Kothari

  2. 'The Directive Principles of State Policy is a cheque which is paid on Bank's Convenience.Who told it?

    Asked in: UPPSC Upper Mains 2007

    1. B.R. Ambedkar
    2. K.M. Munshi
    3. Dr. Rajendra Prasad
    4. K.T. Seth
    Show answer

    Answer: D. K.T. Seth

    - K.T. Shah was a member of the Constituent Assembly. - This quote reflects the non-justiciable nature of the Directive Principles of State Policy (DPSPs). - It implies that the implementation of DPSPs depends on the financial resources and political will ("convenience") of the state, unlike Fundamental Rights which are enforceable by courts.

  3. Who said that, "The Directive Principles of the State Policy are the only pious aspirations of the noble souls"?

    Asked in: Civil Judge 2022

    1. Ivor Jennings
    2. K.C. Wheare
    3. Granville Austin
    4. Lord Acton
    Show answer

    Answer: B. K.C. Wheare

    K.C. Wheare described the Directive Principles of State Policy as "pious aspirations of noble souls."

Directives outside Part IV of the Constitution

  1. Which one of the following is not a part of Article 51 of the Constitution of India?

    Asked in: UPSC CDS 1 2023

    1. Promote international peace and security
    2. Maintain just and honourable relations between nations
    3. Use of UN peacekeeping force for resolution of international disputes
    4. Encourage settlement of international disputes by arbitration
    Show answer

    Answer: C. Use of UN peacekeeping force for resolution of international disputes

    - Article 51 is a part of the Directive Principles of State Policy (Part IV of the Constitution). - It outlines India's foreign policy objectives as enshrined in the Constitution. - The article focuses on peaceful relations, international law, and arbitration.

  2. In the Constitution of India, promotion of international peace and security is included in the

    Asked in: WBPSC CS Prelims 2019

    1. Preamble to the Constitution
    2. Directive Principles of State Policy
    3. Fundamental Duties
    4. Ninth Schedule
    Show answer

    Answer: B. Directive Principles of State Policy

    - Recall the different parts of the Indian Constitution and their subject matter (Preamble, Fundamental Rights, DPSP, Fundamental Duties, Schedules). - Identify the part that deals with the State's policy objectives and guidelines. - Locate the specific article that pertains to the promotion of international peace and security.

Distinction between Fundamental Rights and Directive Principles

  1. Which one of the following is not a part of the Directive Principles of State Policy?

    Asked in: GS Asst Dir Cottage Industries 06 2025

    1. Right to work
    2. Right to education
    3. Right against exploitation
    4. Right to public assistance in case of unem‐ ployment
    Show answer

    Answer: C. Right against exploitation

    Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Indian Constitution and are guidelines for the state to promote social and economic justice. - Right to work (Article 41) is a DPSP. - Right to education (Article 41, also made a Fundamental Right via Article 21A) is a DPSP. - Right to public assistance in case of unemployment (Article 41) is a DPSP. - Right against exploitation (Articles 23-24) is a Fundamental Right, guaranteed under Part III of the Constitution.

Enforceability and Non-Justiciable Nature of DPSPs

  1. Regarding the Directive Principle of State Policy, choose the wrong answer.

    Asked in: APPSC Group 1 Prelims 2018 · APSC CCE Prelims Exam 2018

    1. Directive Principles have been held to supple‐ ment Fundamental Rights in achieving a Welfare State.
    2. Parliament cannot amend Fundamental Rights for implementing the Directive Principles.
    3. It shall be the duty of the State to apply these principles in making laws.
    4. Directive Principles do not confer any enforce‐ able Rights and their alleged breach does not invalidate laws.
    Show answer

    Answer: B. Parliament cannot amend Fundamental Rights for implementing the Directive Principles.

    The relationship between Fundamental Rights and Directive Principles has been a subject of judicial interpretation. While Directive Principles are non- justiciable, they are considered fundamental in the governance of the country and the State is obligated to apply them in making laws. Parliament can amend Fundamental Rights to give effect to Directive Principles, as long as the basic structure of the Constitution is not altered.

  2. The Directive Principles are non-justiciable in nature. This implies that 1. A citizen cannot move the Hon. court if the government fails to legally enforce the Directive Principles or even violate them in some instances. 2. The government cannot enact laws to implement Directive Principles. Select the correct answer code:

    Asked in: GPSC Prelims CSP 1 2024

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: A. 1 only

    Statement 1 is correct. Directive Principles of State Policy (DPSPs) are non-justiciable, meaning they cannot be enforced by courts. A citizen cannot move the court if the government fails to implement or follow a DPSP. Statement 2 is incorrect. While DPSPs are non-justiciable, the government is not prohibited from enacting laws to implement them. In fact, the Constitution guides the state to apply these principles in making laws (Article 37). Many laws in India have been enacted specifically to give effect to various DPSPs (e.g., minimum wages acts, social security laws, environmental protection acts).

  3. Which Article of the Indian Constitution says that Directive Principles of State Policy are not enforceable by any court?

    Asked in: JPSC CS Prelims 2024

    1. Article 39
    2. Article 38
    3. Article 36
    4. Article 37
    Show answer

    Answer: D. Article 37

    - Part IV of the Constitution contains the Directive Principles of State Policy. - Article 37 declares that DPSPs are not legally enforceable by any court. - Despite being non-enforceable, they are considered fundamental in the governance of the country. - The State has a duty to apply these principles while making laws.

  4. Consider the following rights of citizens : 1. Right to free legal aid. 2. Right to equal pay for equal work. 3. Right to establish and maintain institutions for religious and charitable purposes. 4. Right to decent standard of living. Which of the above right/s are non-justiciable ?

    Asked in: KPSC KAS Prelims 2014

    1. 1, 2 and 3
    2. 2 and 4
    3. 1, 2 and 4
    4. 2, 3 and 4
    Show answer

    Answer: C. 1, 2 and 4

    Fundamental Rights (Part III) are justiciable and enforceable by courts, while Directive Principles of State Policy (Part IV) are non-justiciable guidelines for the state, although they are fundamental in the governance of the country.

  5. Which one of the following is a non- justiciable right?

    Asked in: UPSC NDA 2 2021

    1. Right to adequate livelihood
    2. Right against exploitation
    3. Right of accused
    4. Right to life and personal liberty
    Show answer

    Answer: A. Right to adequate livelihood

    Rights in the Indian Constitution can be broadly classified into justiciable and non-justiciable rights. Justiciable rights, such as Fundamental Rights (Part III), are enforceable by the courts. Non-justiciable rights, such as the Directive Principles of State Policy (DPSPs, Part IV), are guidelines for the state and are not directly enforceable by courts. The Right to adequate livelihood is mentioned in Article 39(a) as a principle of policy to be followed by the State, falling under the Directive Principles of State Policy, which are non-justiciable.

  6. Regarding the Directive Principles of State Policy, which one of the following statements is not correct?

    Asked in: UKPSC CS Prelims 2024

    1. It is the duty of the State to apply these principles in making laws.
    2. They are fundamental in governance of the country.
    3. They impose a legal duty on the State.
    4. They are merely instructions to legislature and executive.
    Show answer

    Answer: C. They impose a legal duty on the State.

    - DPSPs are non-justiciable, meaning they are not enforceable by courts. - Article 37 states that DPSPs are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. - DPSPs serve as guiding principles for the State (legislature and executive) in formulating policies and laws.

  7. Consider the following statements: 1. While the Fundamental Rights constitute limitations on State action, the Directive Principles are in the nature of instruments of instruction to the government of the day to do certain things and to achieve certain goals by their actions. 2. The Directive Principles, however, require to be implemented by legislations and so long as there is no law carrying out the policy laid down in a Directive Principle, neither the State nor an individual can violate any existing law or legal rights under the colour of getting a Directive. 3. The Directive Principles are enforceable in the courts and create justiciable rights in favour of the individual. Which of the statements given above is/are correct?

    Asked in: UPSC CAPF 2013

    1. 1, 2 and 3
    2. 1 and 3 only
    3. 1 and 2 only
    4. 2 only
    Show answer

    Answer: C. 1 and 2 only

    - Statement 1: Fundamental Rights (Part III) are largely negative injunctions on the State, prohibiting it from doing certain things. Directive Principles of State Policy (Part IV) are positive obligations or guidelines to the State to promote social and economic welfare. This statement accurately describes the nature of FRs and DPSPs. - Statement 2: Article 37 states that the Directive Principles are not enforceable by any court. They are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws. This means they require legislative action for implementation. Until a law is passed to implement a DPSP, the DPSP itself does not create enforceable rights or override existing laws. This statement is correct. - Statement 3: Article 37 explicitly states that the Directive Principles shall not be enforceable by any court. They are non-justiciable. Fundamental Rights, on the other hand, are justiciable and enforceable in courts (Articles 32 and 226). This statement is incorrect.

Evolution of the relationship between FRs and DPSPs through landmark judgments

  1. Consider the following statements: I. Through 44th Constitutional Amendment, 1978, all the Directive Principles of State Policy have been given preference over Fundamental Rights mentioned in Articles 14 and 19. II. Supreme Court has laid down in its verdict in Minerva Mills case, 1980 that the preference given only to Directive Principles of State Policy mentioned in Article 39(b) and (c) over Fundamental Rights mentioned in Articles 14 and 19 is Constitutional.

    Asked in: RPSC RAS Prelims 2013

    1. Only I is correct.
    2. Only II is correct.
    3. Both I and II are correct.
    4. Neither I nor II is correct.
    Show answer

    Answer: B. Only II is correct.

    - Statement I is incorrect: The 42nd Amendment Act, 1976, gave precedence to all Directive Principles over Fundamental Rights under Articles 14, 19, and 31 by amending Article 31C. The 44th Amendment Act, 1978, primarily repealed some of the 42nd Amendment changes but did not grant this widespread preference. - Statement II is correct: In the Minerva Mills case (1980), the Supreme Court struck down the extension of Article 31C (by the 42nd Amendment) which gave precedence to all DPSPs over Articles 14 and 19. However, the Court upheld the original Article 31C (as inserted by the 25th Amendment) which gave precedence only to laws implementing DPSPs under Article 39(b) and (c) over Articles 14 and 19. This specific limited precedence was deemed constitutional.

  2. The direction for uniform civil code in India given by Supreme Court issued in case

    Asked in: Junior Legal Officer 2019

    1. (1) Pragati Varghese Vs. Cyril George Var‐ ghese
    2. (2) Sarla Mudgal Vs. Union of India
    3. (3) Danial Latifi Vs. Union of India
    4. (4) John Valliamaton Vs. Union of India
    Show answer

    Answer: B. (2) Sarla Mudgal Vs. Union of India

    Article 44 of the Constitution of India directs the State to endeavor to secure for the citizens a uniform civil code throughout the territory of India. The judiciary has often nudged the executive to implement this directive.

  3. In which case Supreme Court held that 'the Indian Constitution is founded on the bedrock of balance between the Fundamental Rights and the Directive Principles'?

    Asked in: lower devision clerk 2025

    1. Kesavananda Bharati Case
    2. Maneka Gandhi Case
    3. Minerva Mills Case
    4. Bombay vs State of Madras Case
    Show answer

    Answer: C. Minerva Mills Case

    This question tests knowledge of landmark Supreme Court judgments that have shaped constitutional jurisprudence in India, particularly concerning the relationship between Fundamental Rights and Directive Principles.

Features of Directive Principles of State Policy

  1. Which one of the following is not correct?

    Asked in: APSC CCE Prelims Exam 2001

    1. Directive Principles aim at economic recon‐ struction
    2. Directive Principles aim at establishment of welfare State
    3. Directive Principles aim at separation of Executive from Judiciary
    4. Directive Principles aim at safe guarding the freedom of speech and expression
    Show answer

    Answer: D. Directive Principles aim at safe guarding the freedom of speech and expression

    - Directive Principles (Part IV, Articles 36-51) are guidelines for the state to follow in governance. - They aim at achieving socio-economic justice and establishing a welfare state. - Separation of Executive from Judiciary is a DPSP (Article 50). - Directive Principles are not legally enforceable but are fundamental in the governance of the country.

  2. Which one of the following is not a part of Directive Principles of the State Policy?

    Asked in: APSC CCE Prelims Exam 2013 · UPSC CAPF 2018

    1. Right against exploitation
    2. Right to work
    3. Right to education
    4. Right to public assistance in case of unem‐ ployment.
    Show answer

    Answer: A. Right against exploitation

    Fundamental Rights are enshrined in Part III (Articles 12-35) and are justiciable, while Directive Principles of State Policy (DPSPs) are in Part IV (Articles 36-51) and are non-justiciable principles for governance.

  3. Which Part of the Indian Constitution provides for establishing India as a Welfare State?

    Asked in: APSC CCE Prelims Exam 2015

    1. Fundamental Rights (Part III of the Constitu‐ tion)
    2. Schedule IV of the Indian Constitution
    3. The Preamble of the Constitution
    4. Directive Principles of State Policy (Part IV of the Constitution)
    Show answer

    Answer: D. Directive Principles of State Policy (Part IV of the Constitution)

    - DPSPs are not justiciable, meaning they cannot be enforced by courts, but they are fundamental in the governance of the country and it is the duty of the state to apply these principles in making laws. - They aim to create social and economic conditions under which the citizens can lead a good life. They also aim to establish social and economic democracy in the country. - Article 38 explicitly directs the State to secure a social order for the promotion of the welfare of the people.

  4. Which of the following is/are not part(s) of the Directive Principles of State Policy? (i) Uniform Civil Code for the citizens (ii) Promotion of international peace and security (iii) Right of minorities to establish and administer educational institutions (iv) Organization of agriculture and animal husbandry Select the correct answer using the codes given below.

    Asked in: APSC CCE Prelims Exam 2022

    1. Both (ii) and (iii)
    2. Both (i) and (iv)
    3. Only (i)
    4. Only (iii)
    Show answer

    Answer: D. Only (iii)

    (i) Uniform Civil Code for the citizens is mentioned in Article 44, which is part of the DPSP (Part IV of the Constitution). (ii) Promotion of international peace and security is mentioned in Article 51, which is part of the DPSP. (iii) The right of minorities to establish and administer educational institutions is guaranteed as a Fundamental Right under Article 30, which is part of Part III of the Constitution, not the DPSP. (iv) Organization of agriculture and animal husbandry is mentioned in Article 48, which is part of the DPSP.

  5. Protection of wildlife comes under which of the following in the Constitution of India? (i) Fundamental Duties (ii) Directive Principles (iii) Seventh Schedule (iv) Fundamental Rights Select the correct answer using the codes given below.

    Asked in: APSC CCE Prelims Exam 2023

    1. (i) and (ii) only
    2. (ii) and (iv) only
    3. (i) and (iii) only
    4. (i), (ii) and (iii)
    Show answer

    Answer: D. (i), (ii) and (iii)

    - Fundamental Duties: Article 51A(g) states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. - Directive Principles of State Policy: Article 48A states that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. This was added by the 42nd Amendment Act, 1976. - Seventh Schedule: List III (Concurrent List) includes 'Forests' (Entry 17A) and 'Protection of wild animals and birds' (Entry 17B). Both the Parliament and State Legislatures can make laws on these subjects. - Fundamental Rights: Protection of wildlife is not explicitly listed as a Fundamental Right.

  6. Which one of the following statements relating to the Directive Principles of State Policy is not correct?

    Asked in: UPSC CDS 1 2017

    1. The provisions contained in Part IV of the Constitution of India shall not be enforceable by any Court.
    2. The Directive Principles of State Policy are fundamental in the governance of the country.
    3. It shall be the duty of the State to apply the Directive Principles in making laws.
    4. The Directive Principles are directed in making India an advanced capitalist country of the world.
    Show answer

    Answer: D. The Directive Principles are directed in making India an advanced capitalist country of the world.

    DPSPs aim to establish a welfare state and achieve social and economic democracy, guiding the State towards achieving these ideals, rather than promoting capitalism as the primary goal.

  7. Which one of the following statements regarding Uniform Civil Code as provided under Article 44 of the Constitution of India is not correct?

    Asked in: UPSC CDS 2 2017

    1. It is a Fundamental Right of every Indian cit‐ izen.
    2. The State shall endeavour to secure it for citizens throughout the territory of India.
    3. It is not enforceable by any Court.
    4. It is not enforceable by a Court yet the Consti‐ tution requires that as a principle it should be fundamental in the governance of our country.
    Show answer

    Answer: A. It is a Fundamental Right of every Indian cit‐ izen.

    - Article 44 of the Constitution of India, which deals with the Uniform Civil Code, is listed under Part IV, Directive Principles of State Policy (DPSPs). - Fundamental Rights are contained in Part III of the Constitution and are enforceable by courts (Articles 32 and 226). DPSPs, under Article 37, are expressly stated as "not enforceable by any court". Therefore, the UCC is not a Fundamental Right. - Statement B is correct as it directly quotes the objective mentioned in Article 44. - Statement C is correct because DPSPs are not judicially enforceable. - Statement D is correct as Article 37 explicitly states that the principles in Part IV are "fundamental in the governance of the country" and it shall be the duty of the State to apply these principles in making laws, even though they are not enforceable by courts. - The question asks for the statement that is not correct. Only statement A is incorrect.

Implementation of Directive Principles (Legislative and Executive Measures)

  1. Which of the following statements with respect to the right to have a legal aid is/are correct? 1. Under the Constitution of India, it is given under the Directive Principles of State Policy. 2. It is the duty of the police to inform the nearest Legal Aid Committee immediately after the arrest of a person. Select the correct answer using the code given below.

    Asked in: UPSC CDS 1 2024

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: C. Both 1 and 2

    Statement 1 is correct as Article 39A, inserted by the 42nd Amendment, provides for free legal aid to the poor and weaker sections of society, ensuring justice is not denied due to economic or other disabilities. This is a Directive Principle of State Policy (Part IV). Statement 2 is also correct. Following judgments of the Supreme Court and provisions of the Legal Services Authorities Act, 1987, it is a statutory and constitutional mandate that an arrested person must be informed of their right to legal aid, and the police have the duty to facilitate access to legal aid services, which includes informing the relevant Legal Aid Committee.

  2. The provision, 'the State shall take steps to separate the Judiciary from the Executive in the public services of the State' is incorporated in which part of the Constitution of India ?

    Asked in: UPSC CDS 2 2021

    1. Part-IV
    2. Part-V
    3. Part-VI
    4. Part-VII
    Show answer

    Answer: A. Part-IV

    Article 50, which mandates the separation of the Judiciary from the Executive, is located in Part IV (Directive Principles of State Policy) of the Indian Constitution.

  3. Under the guidelines of which Article of the Indian Constitution have the State Governments accepted the policy of prohibiting the transfer of land from tribals to non-tribals ?

    Asked in: MPSC CS Prelims 2015

    1. Article 36
    2. Article 46
    3. Article 39
    4. None of the above
    Show answer

    Answer: B. Article 46

    - Article 46 is part of the Directive Principles of State Policy (DPSP). - It states: "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation." - Prohibition of land alienation from tribals to non- tribals is a key measure taken by states to protect the economic interests of Scheduled Tribes and prevent their exploitation, directly aligning with the directive in Article 46.

  4. Article-24 of Indian Constitution prohibiting employment of children below 14 years of age in factories and hazardous employment is compliance of which directive principle?

    Asked in: Junior Legal Officer 2019

    1. Article-39-A
    2. Article-39
    3. Article-41
    4. Article-40
    Show answer

    Answer: B. Article-39

    Article 24 is a Fundamental Right (Part III of the Constitution) that operationalizes a Directive Principle of State Policy (Part IV of the Constitution). Article 39 contains several directives, with Article 39(e) specifically addressing the protection of children from exploitation.

  5. The Legal Services Authorities Act, 1987 was enacted to give effect to which of the following Article of the Constitution of India? - 55. Ǔनिम्निͧलिͨखित में से भारत के संͪविधानि के ͩकस अनिुच्छेदि को प्रभाविी बनिानिे हेतु ͪविͬधक सेविा प्राͬधकरण अͬधǓनियम, 1987 ͩकया गया ? - (2) 39 क

    Asked in: Sr. Teacher (Sanskrit Edu.) Comp. Exam 2022

    1. (1) 38
    2. (2) 39 A
    3. (3) 40
    4. (4) 44
    Show answer

    Answer: B. (2) 39 A

    b-2022 Article 39A of the Constitution of India directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

  6. Regarding Directive Principles of State Policy, match List-1 with List-2 and select the correct answer from the code given below - List-1 (a) Provide free legal aid to poor (b) Minimise income inequalities (c) Voluntary formation of Cooperatives (d) Early childhood care List-2 (i) 86th Constitutional Amendment (ii) 44th Constitutional Amendment (iii) 42nd Constitutional Amendment (iv) 97th Constitutional Amendment Code - (1) (a)-(ii), (b)-(iv), (c)-(i), (d)-(iii) (2) (a)-(iii), (b)-(ii), (c)-(iv), (d)-(i) (3) (a)-(iv), (b)-(ii), (c)-(iii), (d)-(i) (4) (a)-(i), (b)- (iv), (c)-(ii), (d)-(iii) (5) Question not attempted

    Asked in: Sr. Teacher (Sanskrit Edu.) Comp. Exam 2024

    1. (a)-(ii), (b)-(iv), (c)-(i), (d)-(iii)
    2. (a)-(iii), (b)-(ii), (c)-(iv), (d)-(i)
    3. (a)-(iv), (b)-(ii), (c)-(iii), (d)-(i)
    4. (a)-(i), (b)-(iv), (c)-(ii), (d)-(iii)
    Show answer

    Answer: B. (a)-(iii), (b)-(ii), (c)-(iv), (d)-(i)

    The Directive Principles of State Policy (DPSP) are a set of guidelines for the government to follow in formulating laws and policies. Several constitutional amendments have been instrumental in strengthening or introducing specific DPSPs.

  7. In pursuance of which of the following Articles of the Constitution of India, Indian Parliament has passed “The Payment of Gratuity Act, 1972” ? - (5) Question not attempted

    Asked in: Sr. Teacher (Sec. Edu.) Comp. Exam 2024 group b 2024

    1. 46
    2. 41
    3. 42
    4. 39-A
    Show answer

    Answer: B. 41

    Article 41 of the Constitution of India This Directive Principle of State Policy states that "The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want." Payment of Gratuity Act, 1972 This Act provides for the payment of gratuity to employees who have rendered satisfactory service for a certain period. Gratuity is considered a retirement benefit and a form of social security, directly aligning with the spirit of Article 41 which aims to provide for citizens in cases of unemployment, old age, etc. Other Articles Article 46: Deals with the promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Article 42: Deals with just and humane conditions of work and maternity relief. Article 39-A: Deals with equal justice and free legal aid.

Judicial Interpretation concerning DPSPs and Fundamental Rights

  1. Consider the following statements. 1. Access to justice for the weaker sections of the society is a constitutional mandate to ensure fair treatment under Indian legal system. 2. Legal Services Authorities Act, 1987, was enacted by Parliament to organise Lok Adalats outside the formal adjudicatory system, to address the problems of crowded cases. 3. Equal justice and free legal aid is one of the Directive Principles of State Policy (DPSP) under the Indian Constitution Which of the above statements is/are correct?

    Asked in: GPSC Prelims CSP 1 2024

    1. 1 only
    2. 1,2
    3. 1,3
    4. 1,2,3
    Show answer

    Answer: D. 1,2,3

    Access to justice for weaker sections is a constitutional imperative. The Legal Services Authorities Act, 1987 facilitates this, including the establishment of Lok Adalats as an alternative dispute resolution mechanism. Equal justice and free legal aid is explicitly provided as a Directive Principle of State Policy under Article 39A.

New DPSPs added by Constitutional Amendments

  1. Which of the following Directive Principles did not form part of the original Constitution and were added through constitutional amendments ? a. To minimise inequality in income. b. To protect and improve the environment and to safeguard forests and wildlife. c. Equal pay for equal work for both men and women. d. To ensure equal justice and free legal aid to the poor. e. To secure adequate means of livelihood for all citizens.

    Asked in: MPSC CS Prelims 2018

    1. a, b and c
    2. b, c and d
    3. c, d and e
    4. a, b and d
    Show answer

    Answer: D. a, b and d

    Let's identify which Directive Principles were added by amendments: a. To minimise inequality in income, status, facilities and opportunities (Article 38(2)) - Added by the 44th Constitutional Amendment Act, 1978. b. To protect and improve the environment and to safeguard forests and wildlife (Article 48A) - Added by the 42nd Constitutional Amendment Act, 1976. c. Equal pay for equal work for both men and women (Article 39(d)) - Part of the original Constitution (included in Article 39). d. To ensure equal justice and free legal aid to the poor (Article 39A) - Added by the 42nd Constitutional Amendment Act, 1976. e. To secure adequate means of livelihood for all citizens (Article 39(a)) - Part of the original Constitution (included in Article 39).

  2. Which one of the following Directive Principles was inserted by the Constitution (42nd Amendment) Act, 1976 ?

    Asked in: UPSC NDA 2 2020

    1. The State shall minimise inequalities in in‐ come
    2. Equal justice and free legal aid
    3. Promotion of co-operative societies
    4. Provision for early childhood care
    Show answer

    Answer: B. Equal justice and free legal aid

    Article 39A, which mandates the state to provide for equal justice and free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, was inserted into the Directive Principles of State Policy by the Constitution (42nd Amendment) Act, 1976.

  3. In which year it was inserted in the Constitution of India that the State shall secure free legal aid to any citizen by reason of economic or other disabilities ?

    Asked in: RPSC RAS Prelims 2024

    1. 1975
    2. 1979
    3. 1978
    4. 1976
    Show answer

    Answer: D. 1976

    Article 39A, which mandates the State to secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, was inserted into the Directive Principles of State Policy by the 42nd Amendment Act of 1976.

  4. Which of the following Article was inserted by the 42nd Constitution Amendment to provide for participation of workers in management?

    Asked in: UPPCS Prelims 2019

    1. Article 38
    2. Article 39A
    3. Article 45
    4. Article 43A
    Show answer

    Answer: D. Article 43A

    Article 43A falls under the Directive Principles of State Policy (DPSP). It states that the State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.

  5. Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution ?

    Asked in: UPSC IAS 2017

    1. Equal pay for equal work for both men and women
    2. Participation of workers in the management of industries
    3. Right to work, education and public assistance
    4. Securing living wage and human conditions of work to workers
    Show answer

    Answer: B. Participation of workers in the management of industries

    - The 42nd Amendment Act, 1976, added four new Directive Principles of State Policy (DPSPs) to the Constitution: - Article 39(f): To protect children and youth against exploitation and moral and material abandonment. - Article 39A: To provide free legal aid to the poor. - Article 43A: To take steps for the participation of workers in the management of industries. - Article 48A: To protect and improve the environment and safeguard forests and wildlife. - Option A (Equal pay for equal work for both men and women) was already present in Article 39(d) of the original Constitution. - Option C (Right to work, education and public assistance) is mentioned in Article 41 of the original Constitution. - Option D (Securing living wage and human conditions of work to workers) is related to Article 43 of the original Constitution. - Therefore, participation of workers in the management of industries (Article 43A) was the principle added by the 42nd Amendment among the given options.

  6. Which of the following were not inserted in Part IV of the Constitution by the 42nd Amendment?

    Asked in: WBCS Main Paper 5 2019

    1. Free legal aid to economically backward classes.
    2. Participation of workers in the management of organization engaged in any industry.
    3. Protection and improvement of environment.
    4. Organisation of Village Panchayats.
    Show answer

    Answer: D. Organisation of Village Panchayats.

    The 42nd Amendment Act, 1976, inserted several new Directive Principles into Part IV of the Constitution, namely: Article 39A (Free legal aid), Article 43A (Participation of workers in management of industries), and Article 48A (Protection and improvement of environment and safeguarding of forests and wild life).

  7. In which year it was inserted in the Constitution of India that the State shall secure free legal aid to any citizen by reason of economic or other disabilities? (1) 1978 (2) 1976 (3) 1975 (4) 1979 (5) Question not attempted

    Asked in: ras 2025 2025

    1. (1)
    2. (2)
    3. (3)
    4. (4)
    Show answer

    Answer: B. (2)

    This question concerns a specific amendment to the Indian Constitution related to social justice. The insertion of Article 39A, which deals with free legal aid, was a significant inclusion during the period of the Emergency.

Relationship between Fundamental Rights and Directive Principles (Conflict and Harmony)

  1. Which one of the following statements regarding the Directive Principles of State Policy is NOT correct ?

    Asked in: UPSC CAPF 2019

    1. State shall follow the Directive Principles of State Policy both in the matter of administration as in the making of laws
    2. The Directive Principles of State Policy embody the object of the State under the republican Constitution
    3. The Directive Principles of State Policy have precedence over the Fundamental Rights in case of conflict between the two
    4. The Directive Principles of State Policy are not enforceable in the Courts
    Show answer

    Answer: C. The Directive Principles of State Policy have precedence over the Fundamental Rights in case of conflict between the two

    Fundamental Rights (Part III) are justiciable and enforceable by courts, while Directive Principles of State Policy (Part IV) are non-justiciable and not enforceable by courts.

  2. In which of the following case the Supreme Court held that ‘Fundamental Rights and Directive Principles have same goal’?

    Asked in: Junior Legal Officer 2019

    1. Unnikrishnan Vs. Andhra Pradesh
    2. State of Bombay Vs. Balsara
    3. Bijoy Cotton Mills Vs. State of Ajmer
    4. Keshavanand Bharti Vs. State of Kerala
    Show answer

    Answer: A. Unnikrishnan Vs. Andhra Pradesh

    This judgment emphasized the harmonious construction of Fundamental Rights and Directive Principles, stating that while Fundamental Rights are justiciable, Directive Principles are not, but they are fundamental in the governance of the country and it is the duty of the State to apply these principles in making laws.

  3. Assertion (A): The Fundamental Rights and Directive Principles of State Policy are complementary to each other. Reason (R): The Directive Principles of State Policy are intended to implement the Fundamental Rights and to achieve the objectives of the Constitution.

    Asked in: Asst Mana APDCL GS 06 2023

    1. Both A and R are individually true and R is the correct explanation of A.
    2. Both A and R are individually true but R is not the correct explanation of A.
    3. A is true but R is false.
    4. A is false but R is true.
    Show answer

    Answer: A. Both A and R are individually true and R is the correct explanation of A.

    Understanding the relationship between Fundamental Rights and Directive Principles of State Policy is a fundamental aspect of Indian polity. Their complementary nature and the role of DPSPs in achieving the objectives of FRs are key to this question.

  4. Read the following : Statement (A) : The Supreme Court in February 2012, in the famous '2G-Spectrum Scam' case, quashed the 2-G Spectrum allotment and directed for its public auction. Reason (R) : Article 39(b) of the Constitution of India provides that the ownership and control of material resources of the community are so distributed as best to subserve the common good. Now answer using the codes given below :

    Asked in: Civil Judge (Junior Division) Exam 2013

    1. (A) and (R) both are true and (R) is the reason of (A).
    2. (A) and (R) both are true, but (R) is not the reason of (A).
    3. (A) is true, but (R) is false.
    4. (A) is false, but (R) is true.
    Show answer

    Answer: A. (A) and (R) both are true and (R) is the reason of (A).

    The Supreme Court, in its judgment on the 2G spectrum scam, indeed quashed the licenses and directed for public auction, emphasizing the principle of equitable distribution of natural resources for the common good. Article 39(b) of the Constitution directly supports this principle by stating that the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.

  5. A village custom requiring every householder to offer a day's free labour to village headman. This

    Asked in: Paper I 6

    1. is legal, as custom prevails the law
    2. is against principles of natural justice
    3. infringes their fundamental right
    4. is against directive principles of state policy
    Show answer

    Answer: C. infringes their fundamental right

    Article 23 of the Constitution of India prohibits forced labour, including "begar" (unpaid labour) and other similar forms of forced labour.

Role of DPSPs in achieving socio-economic justice

  1. Social justice enables the Courts to uphold legislation, except:

    Asked in: APPSC Group 1 Prelims 2018 · APSC CCE Prelims Exam 2018

    1. To remove economic inequalities.
    2. To provide a decent standard of living to the working people.
    3. To protect the interest of the weaker sections of the society.
    4. To enact unquestionable laws to protect certain people of the society.
    Show answer

    Answer: D. To enact unquestionable laws to protect certain people of the society.

    - Social justice aims at reducing inequality, protecting the vulnerable, and improving living standards. - Courts uphold laws promoting social justice if they are constitutional. - Unquestionable laws are antithetical to constitutional democracy and judicial review.

  2. Collective Socio-Economic objective of citizens of India are enshrined in

    Asked in: KPSC KAS Prelims 2014

    1. Fundamental Rights
    2. Directive Principles of State Policy
    3. Fundamental Duties
    4. Preamble of Constitution
    Show answer

    Answer: B. Directive Principles of State Policy

    DPSP aim at establishing a welfare state in India by ensuring socio-economic justice. They represent the aspirations of the people and the goals that the state should strive to achieve for the collective well- being of its citizens.

  3. 'Economic Justice' as one of the objectives of the Indian Constitution has been provided in

    Asked in: UPSC IAS 2013

    1. the Preamble and the Fundamental Rights
    2. the Preamble and the Directive Principles of State Policy
    3. the Fundamental Rights and the Directive Principles of State Policy
    4. None of the above
    Show answer

    Answer: B. the Preamble and the Directive Principles of State Policy

    The Preamble of the Indian Constitution explicitly lists "Justice, social, economic and political" as one of the core objectives to be secured for all citizens. The Directive Principles of State Policy (Part IV of the Constitution) contain detailed provisions that guide the state in making laws and policies aimed at achieving these objectives, particularly social and economic justice. Articles like 38, 39, 41, 42, 43, and 47 embody the state's commitment to ensuring economic justice through policies related to distribution of wealth, adequate means of livelihood, equal pay for equal work, right to work, education, public assistance, living wage, etc. While Fundamental Rights protect individuals and have indirect economic implications (e.g., right against exploitation), the positive concept of 'Economic Justice' as a directive principle for state policy is primarily enshrined in the Preamble and elaborated in the DPSPs.

  4. The ideal of 'Welfare State' in the Indian Constitution is enshrined in its

    Asked in: UPSC IAS 2015 · WBPSC CS Prelims 2019

    1. Preamble
    2. Directive Principles of State Policy
    3. Fundamental Rights
    4. Seventh Schedule
    Show answer

    Answer: B. Directive Principles of State Policy

    - The Preamble outlines the objectives of the Constitution, including securing justice (social, economic, political), equality, and fraternity, which contribute to the idea of a welfare state, but the DPSPs are more direct mandates to the state to achieve this ideal. - Part IV of the Constitution, containing DPSPs (Articles 36-51), lays down principles that the State should follow in governance, aiming to create a social order in which justice, social, economic and political, shall inform all the institutions of national life. Examples include provisions related to securing adequate means of livelihood, preventing concentration of wealth, equal pay for equal work, right to work, education and public assistance, living wage, participation of workers in management, public health, etc. - Fundamental Rights (Part III) are limitations on the state's power and protect individual liberties, rather than directly enshrining the ideal of a welfare state. - The Seventh Schedule deals with the distribution of legislative powers between the Union and States.

  5. Which part of the Constitution of India declares the ideal of Welfare State?

    Asked in: UPSC IAS 2020

    1. Directive Principles of State Policy
    2. Fundamental Rights
    3. Preamble
    4. Seventh Schedule
    Show answer

    Answer: A. Directive Principles of State Policy

    The ideal of a Welfare State is enshrined in the Directive Principles of State Policy (DPSP), contained in Part IV of the Constitution of India. These principles are not enforceable by courts but guide the state in making laws and policies. Articles like 38, 39, 41, 42, 43, 46, etc., lay down various objectives for the state to pursue to promote the welfare of the people by securing a social order based on justice (social, economic, and political), ensuring adequate means of livelihood, fair distribution of wealth, right to work, education, public assistance, just and humane conditions of work, living wage, promotion of educational and economic interests of weaker sections, etc. These principles collectively aim at establishing a welfare state.

  6. Under the Indian Constitution, concentration of wealth violates

    Asked in: UPSC IAS 2021

    1. the Right to Equality
    2. the Directive Principles of State Policy
    3. the Right to Freedom
    4. the Concept of Welfare
    Show answer

    Answer: B. the Directive Principles of State Policy

    Article 39(c) of the Constitution states that the State shall direct its policy towards securing "that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment". This is a non-justiciable directive principle guiding the state.

  7. The concept of Welfare State is included in the Constitution of India in—

    Asked in: UPPCS Prelims 2008

    1. Fifth Schedule
    2. Directive Principles of State Policy
    3. Preamble
    4. Fundamental Rights
    Show answer

    Answer: B. Directive Principles of State Policy

    The concept of a 'Welfare State' is primarily enshrined in Part IV of the Indian Constitution, which contains the Directive Principles of State Policy (DPSP). These principles are non-justiciable guidelines for the State to follow in governance, aiming to establish a social and economic democracy and promote the welfare of the people by securing a social order permeated by social, economic, and political justice.

Significance and Utility of Directive Principles

  1. "Directive Principles is a novel feature in a constitution framed for parliamentary democracy. They have no binding force. But whoever captures power will not be free to do what he likes with it. He will have to respect the Directive Principles. He cannot ignore them. He may not have to answer for their breach in a court of law, but he will certainly have to answer for them before the electorate at election time." Who said this ?

    Asked in: MPSC CS Prelims 2022

    1. Pandit Jawaharlal Nehru
    2. B.N. Rao
    3. Dr. B.R. Ambedkar
    4. K.M. Munshi
    Show answer

    Answer: C. Dr. B.R. Ambedkar

    Dr. B.R. Ambedkar, the Chairman of the Drafting Committee of the Indian Constitution, played a crucial role in shaping and explaining the provisions of the Constitution. He defended the inclusion of Directive Principles of State Policy (DPSPs) in the Constitution during the Constituent Assembly debates, highlighting their moral and political value despite being non-justiciable.

  2. In which part of the Constitution does the concept of welfare state find elaboration ?

    Asked in: OPSC CS Prelims 2019

    1. Preamble
    2. Fundamental Rights
    3. Directive Principle of State Policy
    4. All of these
    Show answer

    Answer: C. Directive Principle of State Policy

    Part IV of the Constitution, which contains the DPSPs, lays down the principles that the state should follow to achieve social and economic justice, aiming to promote the welfare of the people by securing a social order.

  3. The ideal of 'Welfare State' in the Indian Constitution is enshrined in its :

    Asked in: OPSC CS Prelims 2020

    1. Preamble
    2. Directive Principle's of State Policy
    3. Fundamental Rights
    4. Seventh Schedule
    Show answer

    Answer: B. Directive Principle's of State Policy

    The ideal of a 'Welfare State' in the Indian Constitution is most explicitly enshrined in the Directive Principles of State Policy (DPSP), contained in Part IV (Articles 36 to 51). These principles are not enforceable by courts but lay down fundamental guidelines for the state to promote social and economic justice and establish a welfare state. Articles within the DPSP, such as Article 38 (State to secure a social order for the promotion of welfare of the people) and others promoting the right to work, education, public assistance, living wage, etc., directly reflect the commitment to a welfare state.

  4. Directive principles of State Policy are described as "life-giving provisions of the constitution" by ________.

    Asked in: TNPSC CS Prelims 2021

    1. L.M. Singhvi
    2. Ambedkar
    3. Rajendra Prasad
    4. Radha Krishnan
    Show answer

    Answer: D. Radha Krishnan

    Dr. Sarvepalli Radhakrishnan, India's second President, described the Directive Principles of State Policy (DPSP) as "life-giving provisions of the constitution" and also called them "a plea for social revolution without bloodshed".

  5. Who called the Directive Principles of state policy as "a manifesto of aims and aspirations"?

    Asked in: TNPSC CS Prelims 2024

    1. K.C. Wheare
    2. T.T. Krishnamachari
    3. Sir Ivor Jennings
    4. B.R. Ambedkar
    Show answer

    Answer: A. K.C. Wheare

    This question tests specific quotes by constitutional experts regarding key features of the Indian Constitution, in this case, the nature of Directive Principles of State Policy.

  6. Which one of the following statements about the Directive Principles of State Policy is not correct ?

    Asked in: UPSC CISF AC EXE 2018

    1. The Directive Principles constitute certain ideals for social justice.
    2. The Directive Principles are not confined to Part IV of the Constitution of India.
    3. The sanction behind the Directive Principles is legal.
    4. It aims to fulfil the objective of socio- economic justice.
    Show answer

    Answer: C. The sanction behind the Directive Principles is legal.

    Directive Principles of State Policy (DPSPs) are contained primarily in Part IV of the Constitution of India (Articles 36-51). They are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Statement A is correct as DPSPs aim to promote social and economic justice and welfare. Statement B is correct as principles similar to DPSPs are found outside Part IV (e.g., promotion of Hindi language, claims of SC/STs to services). Statement D is correct as DPSPs are intended to achieve the objective of socio-economic justice, contributing to the establishment of a welfare state. Statement C is incorrect because DPSPs are non-justiciable, meaning they cannot be enforced by courts. Their sanction is primarily moral and political, dependent on public opinion and the ruling government's commitment.

  7. Which of the following is/are correct with regard to the significance of the Directive Principles of the Indian Constitution?

    Asked in: Assistant Auditor (Direct) 2021

    1. Urges measures to maintain separation of judiciary from executive
    2. Enshrines the code of conduct for administrat‐ ors of India
    3. Leads India to achieve the noble ideas
    4. All of the above
    Show answer

    Answer: D. All of the above

    The DPSPs are fundamental in the governance of the country and are considered to be the conscience of the Constitution, even though they are not justiciable.