96 A 1 Directivee Principle of State Principal 19 Feb

Part  A

 Qts 1  Explain Articles related to Socialistic Welfare Principles of Directive principles

1. Article 38 Government should promote Welfare of the People

2. Article 39 Equal distribution of wealth and Equal pay for equal Work for both men and Women

3. Article 39 A Free Legal aid to poor

4. Article 41 Right to Education

5. Article 42 Maternity relief for  Women in working place

6. Article 43 Proper Wage and Working Conditions for workman.

7. Article 43A Workers participation in Management.

8. Article 47 Proper Nutrition food  and health for Children and women.

Qts 2. Explain Articles related to Gandhian Principles in Directive Principles

1. Article 40  Organizing Village panchayats

2. Article 43 Promoting Cottage industries in rural India

3. Article 43B  Promoting Cooperative Societies 

4. Article 46 Promoting Education and Economic interest of SC. ST, OBC, EWS

5. Article 47 Prohibiting intoxicated drinks [Alcohol prohibition]

6. Article 48  Prohibiting Cow slaughter

Qts 3. Explain Articles related to Liberal Intellectual Principles of Directive principles

1.Article 44  Uniform Civil Code(One Husband One Wife)

2 .Article 45  Free and compulsory Education up to 14 years age

3 .Article 48 Organizing Agriculture and Animal husbandry in Scientific line.

4 .Article 48 - Protecting Environment, Forest, Wild Life

5 .Article 49  Protecting Historical Monuments

6 .Article 50 Separation of Judiciary and Executive

7.Article 51  Promotion of International Peace and security

Qts 4. Write  the difference between Fundamental Rights and Directive Principles of state policy.

1 A . Fundamental Rights [FR] are Justiciable Legally enforceable

B. Directive Principles of State Policy (DPSP) Non justiciable Not legally enforceable

2 A .FR have legal sanction

B. DPSP have moral and Political Sanction

3 A .FR are Rights given to the Citizen of India against Government exploitation

B. DPSP are guide lines given to Governments.

Part B

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

(a) Equal pay for equal work for both men and women

(b) Participation of workers in the management of industries

(c) Right to work, education and public assistance

(d) Securing living wage and human conditions of work to workers

Ans. B

Explanation:

The 42nd Amendment Act of 1976 added four new Directive Principles to the original list, viz., Articles 39, 39A, 43A, and 48A. 

Article 43A required the State to ensure that steps were taken to secure the participation of workers in the management of industries.

Qts 2.  Consider the following statements:

With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon

1. legislative function.

2. executive function.

Which of the above statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans. (d) 

Explanation:

It is the Fundamental Rights that constitute limitations upon state action (whether legislative or executive).

 The Directive Principles are in the nature of instruments of instruction to the government of the day to achieve certain ends by their actions. It guides them, not restricts them.

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

(a) Preamble

(b) Directive Principles of State Policy

(c) Fundamental Rights

(d) Seventh Schedule

Ans. B

Explanation:

Directive Principles of State Policy (DPSP, borrowed from the Irish Constitution and listed in Part-IV of the Indian Constitution from Article-36 to 51.) largely contains a very comprehensive social and economic rights, designed to bring about a concept of welfare state as well as social change

 whereas fundamental rights largely contains civil and political rights to bring about equal justice and opportunities to all.

 Article 38: State to secure a social order for the promotion of welfare of the people.

1. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

2. The State shall, in particular, strive to minimize the inequalities in income, and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Qts 4.  Consider the following statements regarding the Directive Principles of State Policy:     

1. The Principles spell out the socio - economic democracy in the country.

2. The provisions contained in these Principles are not enforceable by any court.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans. c

Explanation:

Both the statements are correct. 

The Court believes that the Directive Principles were left by the founder fathers as non-enforceable was to give the Government sufficient latitude to implement them.

It is the readymade guidelines available to the government that can be fundamental in governance of the country.

Qts 5. In the Constitution of India, promotion of inter- national peace and security is included in the 

(a) Preamble to the Constitution

(b) Directive Principles of State

(c) Fundamental Duties

(d) Ninth Schedule

Ans. b

Explanation:

Article 51 of the Directive Principles of State Policy contained in Part IV of the Indian Constitution speaks the state shall strive to:

(a) Promote international peace and security.

(b) Maintain just and honorable relation between nations

(c) Foster respect for international law and treaty obligation

(d) Encourage settlement of international disputes by arbitration.

Qts 6 . Economic Justice as one of the objectives of  Indian Constitution has been provided in  

(a) the preamble and fundamental rights

(b) the Preamble and the Directive Principles of State Policy

(c) the Fundamental Rights and the Directive Principles of State Policy 

(d) None of these

Ans. B

Explanation:

The term 'Preamble' refers to the introduction of preface to the Constitution. 

The Preamble to the Indian Constitution is based on the 'Objective Resolution' drafted by Jawaharlal Nehru and adopted by the framers of the Constitution. 

It includes following important terms- Justice social, economic and political. 

DPSPs Art38: To promote welfare of people by securing a social order permeated by justice-social, economic and political and to minimize the inequalities of income, status, facilities and opportunities.

Qts 7 According to the Constitution of India, which of the following are the fundamental for the government  of the country 

(a) Fundamental Rights 

(b) Fundamental Duties

(c) Directive Principles of State Policy

(d) Fundamental Rights and Fundamental Duties

 Ans. c

 Explanation:

Article 37 clearly says that the directive principles are not justiciable but are fundamental to the governance of the country and the state has the duty in applying DPSPs.

These are the principles that which give directions in making certain decisions. 

These are guidelines by the Constitution of the India to the state. 

The basic idea is that the state should keep these principles while framing laws, policies, ordinances, etc.

Qts 8 Which of the following provisions of the Constitution of India have a bearing on Education? 

1.Directive Principles of State Policy 

2. Rural and Urban Local Bodies

3. Fifth Schedule

4. Sixth Schedule

5. Seventh Schedule

Select the correct answer using the codes given below:

(a) 1 and 2 only

(b) 3, 4 and 5 only

(c) 1, 2 and 5 only

(d) 1, 2, 3, 4 and 5

Ans. D

Explanation:

Provisions of the Constitution of India having a bearing on Education:

Fundamental Rights (Article 21A)

Directive Principles of State Policy (Article 41, 45 & 46)

Fundamental Duties (Article 51{A} {K})

Rural (Panchayati Raj) & Urban (Municipal) Local Bodies

Scheduled & Tribal Areas

Centre-State Relations

following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India:

 1. Securing for citizens of India a uniform civil code

2. Organizing village Panchayats

3. Promoting cottage industries in rural areas

4. Securing for all the workers reasonable leisure and cultural opportunities

Qts 9 Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?

(a) 1, 2 and 4 only

(b) 2 and 3 only

(c) 1, 3 and 4 only

(d) 1, 2, 3 and 4

Ans. b

Explanation: 

The Directive Principles are an amalgam of diverse subjects embracing the life of the nation and include principles, which are general statements of social policy, principles of administrative policy, socio-economic rights and a statement of the international policy of the country.

These provisions are mentioned in Part IV of the Constitution under various articles. Article 40, 47 and 48 are based on the Gandhian principles.

They are as follow:

Article 40  Organisation Village Panchayats

Article 47  Proper nutrition and standard of living

Article 48  Prevention of cow slaughter, organization of agriculture and animal husbandry

Part C

Qts1 Bring out the differences between the Fundamental Rights and the Directive Principles of State Policy. Discuss some of the measures taken by the Union and State Governments for the implementation of the Directive Principles of State Policy

Ans . The Directive Principles of State Policy are embodied in Part IV of the Constitution from Articles 36 to 51. The features have been borrowed from the Irish Constitution.

The Fundamental Rights enshrined in Part III of the Constitution from Articles 12 to 35, and the features have been adopted from the Constitution of USA. 

Granville Austin has described the Directive Principles and Fundamental Rights and the 'Conscience of the Constitution'.

They together may reflect the constitutional conscience of India, but there are differences among them as well.

Fundamental Rights are negative as they act as limitations on the state

the Directive Principles are positive as they require the state to do certain things.

The Fundamental Rights are justiciable i.e., legally enforceable by courts in case of their violation 

The Directive Principles are non-justiciable.

The Rights aims at establishing political democracy but social and economic democracy is sought to be secured by the principles.

The Rights have legal sanctions and the principles ensures moral and political sanctions.

The Rights tend to secure welfare of the individual while welfare of the community is promotes by the principles. 

Almost all the Rights are directly enforceable but separate legislation is required for implementing the principles.

A law may be declared invalid if it violates any Fundamental Rights but a law violative of any of the Directive Principles cannot be declare as in valid.

Considering the various decisions of the Supreme Court regarding the primacy of Fundamental Rights and Directive principles of State Policy, at present the Fundamental Rights enjoy supremacy over the Directive Principles. 

However, this does not imply that Directive Principles cannot be implemented. Fundamental Rights may be amended by the Parliament to give effect to any Directive Principles so far the amendment is not affecting the basic structure of the Constitution.

Qts 2.Discuss the constitutional provisions relation to non-justiciable directives binding upon the States. 

Ans.  The Directive Principles of State Policy embodied in Part IV of the Indian Constitution. These are in the nature of directions or instructions to the state.

 These are fundamental to the governance of the country and the state has the duty in implementing them. 

However, if the state is not applying them in the governance, one cannot move to the court because these are non-justiciable.

However, to give due importance to this provisions, the Supreme Court in various cases has evolved a  Doctrine or Theory of Harmonization'.

 It has further stated that both the Fundamental Rights and the Directive Principles are in fact supplementary to each other and together constitute an integrated scheme.

But, wherever they cannot be given supplementary position, the Fundamental Rights shall prevail over the Directive Principles.

 So, in the present position only Article 39 (b) and Article 39 (c) can be given precedence over Articles 14, 19.

Articles 39 (b) and (c) direct the state to shape to policy towards securing equitable distribution of the material resources of the community and to prevent concentration of wealth and means of production. 

These provision aims to establish equality in the society therefore laws giving effect to these principles cannot be taken to be violation of the Fundamental Rights under Articles 14 and 19 which guarantee Right to Equality and Right to Freedom respectively.

Qts 3.What is the constitutional position of Directive Principles of State Policy? How has it been interpreted by the judiciary after the emergency in 1975-77? 

Ans The Directive Principles of State Policy enshrined in Part IV of the Constitution. These principles though non-justiciable are fundamental in the governance of the country.

These denote the ideals that the state should follow while formulating policies and enacting laws.

 They resemble the 'Instrument of Instructions' enumerated in the Government of India Act of 1935. 

The only difference between the two is that while the former was instructions to the executive but the later gives directions to both executive and legislature.

 These principles constitute a very comprehensive economic, social and political program . 

They aim at achieving the ideals of justice, liberty, equality, and fraternity as embodied in the Preamble. 

They seek to establish socio-economic democracy for securing a welfare state.

Though their non-justiciability lessens their weight on policy-making but the decisions of the Supreme Court have established that though primacy would be given to the Fundamental Rights but these principles would be duly interpreted and recognized.

India experienced a national emergency from 1975-77. During the emergency sweeping changes were made to the Constitution by the 42nd Amendment of 1976. 

The 42nd Amendment also added a new section to the Article on "Fundamental Duties" in the Constitution. The new section required citizens "to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities."

Article 31 C  relates to a law for implementation of any of the Directive Principles.

 The 42nd Amendment expanded the scope of the Article by including within its protection.

Qts 4  What is the importance of Directive Principle of State Policy? Mention which Directive Principles of State Policy have got primacy over the Fundamental Rights? 

Ans :The Directive Principles of State Policy denote the ideals that the state should strive to achieve. They embody the concept of a 'welfare state' through the establishment of economic and social democracy.

 They are supplementary to the Fundamental Rights of the citizens. They enable the opposition to exercise influence and control over the Government and thereby facilitate stability and continuity in domestic and foreign policies.

The Fundamental Rights are justiciable while the Directive Principles are non-justiciable. However, there have been conflict between the two.

 The present position is that the Fundamental Rights enjoy supremacy over the Directive Principles. This does not mean that the Directive Principles cannot be implemented.

 The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not affect the basic structure of the Constitution.

The Supreme Court in the Minerva Mills Case, 1980 subordinated the Directive Principles to the Fundamental Rights except Articles 39 (b) and (c). 

The Fundamental Rights henceforth would be treated as subordinate to the Article 39 (b) and (c). The article seek to establish a socialistic society and a welfare state. 

The case held that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.