Directive Principles of State Policy and Fundamental Duties

Nature of the Directive Principles
▸ Directive Principles of State Policy (DPSP) have been enshrined in Part IV of the Constitution from Articles 36 to 51.
▸ The framers of Constitution borrowed this novel feature of the Constitution from the Constitution of the Ireland.
▸ This concept is the latest development in the constitutional governments throughout the world, with the growing acceptance of a 'Welfare State'.
▸ If directives are not acted upon by the state, no one can move the courts. The reason for making the DPSP explicitly unjusticiable are that they require resources which the state may not have at present.
▸ Though they are non-justiciable in nature, they impose a moral obligation on the state authorities for their application.

Classification of Directive Principles

▸ Article 36 clearly directs the state to secure and protect a social order which stands for the welfare of the people.
▸ Article 37 says that Directive Principles are not justiciable, but are Fundamental to the Governance of the country and the state has the duty in applying these principles in making laws.
The Socialist Principles
▸ Article 38 To secure a social order for the promotion of welfare of the people.
▸ Article 39 The state shall direct its policy towards securing equal access to
— Adequate means of livelihood
— Equitable distribution of material resource
— Prevention of concentration of wealth and means of productions
— Equal pay for equal work
— Preservation of health of workers and children against forcible abuse
— Opportunities for healthy development of children
▸ Article 39A Equal justice and free legal aid to the poor.
▸ Article 41 Right to work, to education and to public assistance in case of unemployment, oldage, sickness and disablement.
▸ Article 42 Provision of just and humane conditions for work and maternity relief.
▸ Article 43 To secure a living wage, decent standard of living for all workers.
▸ Article 43 A Participation of workers in the management of the industries.
▸ Article 47 To raise the level of nutrition and the standard of living and improve public health.
The Gandhian Principles
▸ Article 40 To organise of Village Panchayats.
▸ Article 43 To promote cottage industry.
▸ Article 43B The state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
▸ Article 46 Promotion of educational and economic interests of the SCs, the STs and the other weaker sections of the society.
▸ Article 47 To bring about the prohibition of intoxicating drinks and drugs that are injurious to health.
▸ Article 48 Prohibit the slaughter of cows, calves and other milch and draught animals.
Liberal-Intellectual Principles
▸ Article 44 Uniform Civil Code for the all citizens.
▸ Article 45 To provide free and compulsory education for all children until they complete the age of 14 years.
▸ Article 48 To organise agriculture and animal husbandary.
▸ Article 48A To protect environment and safeguard forest and wildlife.
▸ Article 50 To separation of judiciary from executive.
▸ Article 51 To promote international peace and security.
* Uniform civil code means common family law applicable to all citizens of India irrespective of their religion and culture.
* Goa is the only in India where common family law is implemented.

Difference between Fundamental Rights and DPSP

▸ The Fundamental Rights provide the foundation of political democracy in India whereas the Directives spell out the character of social and economic democracy in India.
▸ Fundamental Rights are in the form of negative obligations of the state i.e. injunctions against the actions of the state. The Directive Principles are, on the contrary, positive obligations of the state towards the citizen.
▸ The Fundamental Rights are justiciable, whereas the Directive Principles are non-justiciable.
▸ DPSP are not restricted to one Part of the Constitution, whereas the Fundamental Rights are restricted to only Part III of the Constitution.
▸ DPSP are dynamic in nature, whereas the Fundamental Rights are static in nature.

Conflict between Fundamental Rights and DPSP

▸ The relationship between the Fundamental Rights and Directive Principles are best illustrated in the Article 37. It provides that Directives are not enforceable in a Court of Law. But they are fundamental in the governance of the country and it shall be the duty of the state to apply them in making laws.
▸ In view of such provision, there have arisen certain conflicts between the Directive Principles and Fundamental Rights. During the initial period from 1950 to 1966 there was emphasis on sacrosanct character of Fundamental Rights. The Supreme Court held the view that if two interpretations of a law are possible, the one avoiding conflict should be accepted.But in case of a single interpretation, leading to conflict, Fundamental Rights would prevail over Directive Principles. In this view, constitutionality of 1st Amendment Act was hailed as valid.
▸ The above situation underwent a major change in the historic Golaknath's case
(1967). In that case, the Supreme Court emphasised on unammendability of the Fundamental Rights, which have been given a 'transcendental position.'
▸ The Parliament reacted to this judgement and the 24th Constitution Amendment Act (1971), made it clear that the Parliament has power to amend any provision of the Constitution, including the Fundamental Rights.
▸ The 25th Constitution Amendment Act (1971), introduced Article 31(c) which provides that in case of implementing Article
Amendments to Directive Principles
42nd Constitutional Amendment Act, 1976
Article 39A To promote equal justice and to provide free legal aid to the poor.
Article 39F To secure opportunities for healthy development of children.
Article 43A To take steps to secure the participation of workers in the management of industries.
Article 48A To protect and improve the environment and to safeguard forests and wildlife.
44th Constitutional Amendment Act, 1978
Article 38 (2) To minimise inequalities in income, status, facilities and opportunities. 86th Constitutional Amendment Act, 2002 This amendment changed the subject matter of Article 45, and made elementary education a Fundamental Right under Article 21A.
Article 45 To provide early chlidhood care and education for all children until they complete the age of 14 years.
97th Constitutional Amendment Act, 2011
39 (b) and (c) if there is a conflict with Fundamental Right, (Article 14, 19 and 31) the law shall not be declared 'null and void'.
▸ Supreme Court in Kesavananda Bharati Case (1973), overruled the Golaknath's case, but made it clear that courts retained the power to judicial review in case of law giving effect to Directives under Article 39 (b) and (c). One of the crucial implications of this judgement was 'basic structure' which cannot be altered.
▸ During the period of Emergency, Parliament passed the 42nd Amendment Act, 1976 which provided for implementation of Directives other than Article 39 (b) and (c).
▸ In Minerva Mill's case, (1980) the Supreme Court declared that a balance between Part III and Part IV was a basic feature of the Constitution. This abrogated the view of giving precedence to the all Directives over Fundamental Rights.
▸ As of now only DPSP Article 39 (b) and 39 (c) can take precedence over Fundamental Right enshrined under Article 14 and Article 19(d). Further Article 31 (right to property) was abolished by 44th Amendment Act (1978).
DPSP Outside Part IV
Article 335 It says that the claims of SCs and STs shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with affairs of the union or of a state.
Article 350 A It enjoins every state and every local authority within the state to provide adequate facilities for the instructions in the mother tongue at the primary stage to children of linguistic minority areas.
Article 351 It enjoins the union to promote the spread of Hindi Language so that it may serve as a medium of expression of all the elements of the composite culture of India.

Utility of Directive Principles

▸ DPSP are like an 'Instrument of Instructions' or general recommendations addressed to all authorities in the Indian Union.
▸ They have served as useful beacon lights to courts in exercising their power of judicial review and determining constitutional validity of Law.
▸ They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice, liberty, equality and fraternity.
▸ They are supplementary to the Fundamental Rights by providing social and economic rights. Political democracy, without economic democracy has no meaning. They serve as crucial test for the performance of government.

Implementation of DPSP

▸ Since the commencement of the Constitution, there have been a number of legislations to implement the DPSP. It was regarded as the positive obligation on the state. They are in the form of urging the state to do something for the benefit of people.
▸ In fact, the very 1st Constitutional Amendment Act was for implementing land reforms and it was followed by the 4th, 17th, 25th, 42nd, 44th and 73rd Constitiutional Amendment Acts, to improve the PSP.
▸ Promotion of cottage industries has been one of the main aspects of the economic policy of the government and there exists the Khadi and Village Industries Commission for the purpose.
▸ Several minimum wage acts have provided for minimum wages to be paid for workers. The government have initiated many agriculture related development programmes like irrigation, modernisation etc., for better productivity as well as raising the incomes of farmers. The recently enacted MGNREGA reinforces the state's commitment to livelihood to all.
▸ In case of women and child welfare, the governments have initiated schemes like Anganwadi Programme, Sarva Siksha Abhiyan, and Maternity related Health Schemes etc., to promote their welfare.
▸ The state has taken several measures for the welfare of weaker sections, especially SCs/STs. Reservations for educationally backward sections, special training and financial assistance are some of them.
▸ The historic 73rd Constitution Amendment Act strengthened the role and powers of Panchayats. Reservations for women in local councils redeems the state's commitment for gender equality and welfare.
▸ India's peacekeeping operations of the UN, pioneering and leading the Non-Aligned Movement etc., reiterate India's commitment for a peaceful and just world order.
▸ Maternity Benefit (Amendment) Act 2017, extends paid maternity leave for women increased from 12 weeks previously to 26 weeks (6 months).

Fundamental Duties

▸ These are incorporated under Article 51A (Part IVA) of the Indian Constitution. This Article was inserted by the 42nd Constitutional Amendment Act, 1976.
▸ The Fundamental Duties in the Indian Constitution are inspired by Constitution of erstwhile USSR. It declared that the citizens exercise of their rights and freedom was inseparable from the performance of their duties and obligations.
▸ The Fundamental Duties were incorporated in the Constitution on the basis of the recommendation of the Sardar Swaran Singh Committee.
▸ Interestingly, certain recommendations of the Sardar Swaran Singh Committee were not accepted by the Congress Party and hence, not incorporated in the Constitution. These include
— The Parliament may provide for the imposition of such penalty or punishment as may be considered appropriate for any non-compliance with or refusal to observe any of the duties.
— No law imposing such penalty or punishment shall be called in question in any court on the ground of infringement of any Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
— Duty to pay taxes should also be a Fundamental Duty to the citizens.
— Initially 10 in number, the Fundamental Duties were increased to 11 by the 86th Constitutional Amendment Act, 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of 6 and 14 years.
▸ The Fundamental Duties are as follows:
— To abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem;
— To cherish and follow the noble ideals which inspired our national struggle for freedom;
— 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 amongst all the people of India; and to renounce practices derogatory to the dignity of women;
— To preserve the rich heritage of our composite culture;
— To protect and improve the natural environment;
— To develop the scientific temper and spirit of inquiry;
— To safeguard public property;
— To strive towards excellence in all spheres of individual and collective activity;
— Every parent or guardian to provide opportunities for education of his child or ward between the age of 6 and 14 years.
▸ There is no provision for direct enforcement of these duties, but it can be expected that in determining the constitutionality of a law, which seeks to give effect to those duties that court may consider such a law to be reasonable in relation to Article 14 and Article 19 and thus, save a law from being unconstitutional.

Features of Fundamental Duties

▸ Some of them are moral duties, while others are civil duties. For instance cherishing noble ideas of freedom struggle is a moral precept and respecting the Constitution, National Flag and National Anthem is a civic duty.
▸ They essentially contains just a codification of tasks integral to the Indian way of life.
▸ They confine to citizens only and do not extend to foreigners.
▸ There is not legal sanction against their violation however, Parliament is free to enforce them by suitable legislations.

Significance of Fundamental Duties

▸ They serve as reminder to the citizen to be conscious of duties they owe to their country.
▸ They serve as warning against anti-national and anti-social activities.
▸ They also serve as a source of inspiration for the citizens and promote a sense of discipline and commitment among them.
▸ They help the courts in examining and determining constitutional validity of law.

Legal Provision for Implementation of Fundamental Duties

▸ The Verma Committee (1999) identified the existence of following legal provisions:
— The Prevention of insults to National Honour Act (1971).
— The various criminal laws provide for punishment for encouraging enmity and discrimination.
— The Protection of Civil Rights Act (1955).
— The Representation of People Act (1951).
— The Wildlife Protection Act (1972) and Forest Conservation Act (1980)

Criticism of Fundamental Duties

▸ The list of duties are not exhaustive as it does not cover duties like casting vote, paying taxes, family planning etc.
▸ Some of the duties are vague, ambiguous and difficult to understand by the common man.
▸ They have been described as a code of moral precepts due to their non-justiciable character.
▸ Their addition in Part IV of the Constitution has reduced the value and significance of the Part IV.