indian polity book series 13

Indian Polity - Directive Principles Classification & Fundamental Duties

Directive Principles Classification

There is no constitutional classification of Directive Principles. However, Professor M.P. Sharma classified them into three types based on their nature and essence:

1. Socialistic Principles: Articles 38, 39, 41, 42, 43.
2. Gandhian Principles: Articles 40, 43, 46, 47, 48, and 49.
3. Liberal Principles: Articles 44, 45, 50, 51.

Article 36: Definition of State

The definition mentioned in Article 12 is cited here.

Article 37: Non-justiciability of Directive Principles

If Directive Principles are violated, one cannot approach the courts.

* Which article of the Constitution clearly states that Directive Principles are non-justiciable? (3) (AP Constables Prelims-2016)

1) Article 36 2) Article 39 3) Article 37 4) Article 38

* Which article directs the state to provide maternity leave? (1) (AP Constables Mains-2016)

1) Article 42 2) Article 51A(e) 3) Article 47 4) Article 39 F

Socialistic Principles (Articles 38, 39, 41, 42, 43):

Article 38:

• Governments should strive for public welfare by keeping in mind social, economic, and political justice.

Article 39:

• (a) Provide all citizens, men and women equally, the right to an adequate means of livelihood.
• (b) Ownership and control of the resources of the country are so distributed as best to subserve the common good.
• (c) Operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
• (d) Equal pay for equal work for both men and women.
• (e) No worker should be forced to do work beyond their capacity.
• (f) Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

39A - Equal justice and free legal aid for poor.

Article 40:

• Organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. Describes the establishment of Gram Panchayats.

Article 41:

This article includes the following:

1. Right to work
2. Right to education
3. Unemployment allowance
4. Pension for the elderly
5. Welfare of the disabled

Article 42:

• Formulate plans and create rational working hours and favorable working conditions.
• Provide maternity relief for women.

Article 43:

• Pay attention to the complete mental and physical development of workers.
• Take steps to establish cottage industries and provide employment.

Article 43A:

• Participation of workers in the management of factories and industries.

* Promoting international peace and friendly relations is in which part of the Indian Constitution? (2) (AP Constables-2018)

1) Part III 2) Part IV 3) Part IV A 4) Part V

Gandhian Principles:

These are symbolic of Mahatma Gandhi's thoughts and ideals.

Democratic decentralization, village panchayats, cottage industries, Gram Swaraj, development of backward and weaker sections, non-violence, etc., are enshrined in the Constitution in accordance with Mahatma Gandhi's ideals and philosophy.

Article 43:

• Specifies establishing cottage industries in rural areas.

Article 46:

• Take care of the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
• Protect them from social injustice and exploitation.

Article 47:

• Protect public health.
• Prohibit cow slaughter.
• Except for medicinal and industrial purposes, implement complete prohibition of alcohol in all other circumstances.
• Protect people from the harm of alcoholic beverages and intoxicants.

First state in India to implement complete alcohol prohibition - Gujarat.

State that implemented complete alcohol prohibition from April 1, 2016 - Bihar.

Currently, states with complete alcohol prohibition are Gujarat, Nagaland, Bihar.

Union Territory with complete alcohol prohibition is Lakshadweep.

In Madras State, in 1952, the Chief Minister who first implemented complete alcohol prohibition - C. Rajagopalachari.

Triple Talaq prohibition is a great step towards implementing Uniform Civil Code.

Chief Minister who first imposed alcohol prohibition in Andhra Pradesh - N.T. Rama Rao (in 1995).

In 1993, the woman who led the anti-liquor movement in Dubagunta, Nellore district - Dubagunta Rosamma.

Article 48:

• Utilize modern knowledge to promote agriculture and animal husbandry.

Article 48A:

• Protect and improve the environment and safeguard forests and wildlife.

First state in India to enact cow slaughter prohibition law - Uttar Pradesh (in 1995).

Year in which Andhra Pradesh enacted cow slaughter prohibition law - 1977.

Year in which central government prohibited cow slaughter - 2017, May 26.

Year in which Animal Cruelty Prevention Act was enacted - 1960.

Article 49:

• Protect historical monuments.
• Parliament shall by law declare to be of national importance, to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Year in which Archaeological Sites Protection Act was enacted - 1951.

Liberal Principles:

Article 44:

• The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
• There are uniform criminal laws in the country.
• But in civil matters like inheritance, marriage, property, etc., there are different traditions based on religions.
• Therefore, it is mentioned that there should be a uniform civil code in accordance with social harmony and national spirit.
• Uniform Civil Code has not been implemented so far.
• This is the only Directive Principle that has not been implemented so far.
• Goa is the only state implementing Uniform Civil Code (Common Civil Code).
• On August 22, 2017, the Supreme Court declared Triple Talaq (divorce tradition) in Muslims as unconstitutional.
• On July 30, 2019, the Indian Parliament declared Triple Talaq tradition as illegal. From August 1, 2019, the law made it punishable for those who practice it.

Newly Added Directive Principles:

Added through the 42nd Constitutional Amendment in 1976:

• 39(a): To provide free legal aid to the poor.
• 39(f): To ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
• 43(a): 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.
• Article 48(a): To protect and improve the environment and to safeguard the forests and wild life of the country.

Added through the 44th Constitutional Amendment in 1978:

• Article 38(2) was added.
• Article 38(2): The State shall, in particular, strive to minimise the inequalities in income, and endeavour 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.

Amended through the 86th Constitutional Amendment in 2002:

• The subject matter in Article 45 was changed.
• The State shall provide early childhood care and education for all children until they complete the age of six years.

Added through the 97th Constitutional Amendment in 2011:

• Article 43(b) was added.
• Article 43(b): The State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of the co-operative societies.

Directive Principles in other parts of the Constitution:

Apart from Part IV of the Constitution, there are some directive principles in other parts as well.

• Part 16 - Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts.
• Part 17 - Article 350(A): Facilities for instruction in mother-tongue at primary stage of education.
• Part 17 - Article 351: Directive for development of the Hindi language.

Actions taken by the government to implement Directive Principles:

Central and State governments have enacted many laws and implemented many schemes related to the implementation of Directive Principles.

• For social and economic justice, wealth was nationalized to reduce income inequalities.
• Planning Commission was established in 1950, and Five Year Plans were implemented.
• Land reform laws were enacted and Zamindari, Jagirdari, Inamdari systems were abolished.
• Minimum Wages Act for workers - 1948
• Community Development Program for rural development - 1952
• Untouchability Offenses Act - 1955
• Maternity Benefit Act - 1961
• Bonus Payment Act - 1965
• Nationalization of Banks - 1969
• Abolition of Privy Purses Act - 1971
• Wildlife Protection Act - 1972
• Criminal Procedure Code - 1973
• Minimum Needs Program - 1974
• Bonded Labour Abolition Act - 1976
• Equal Remuneration Act for Women - 1976
• Protection of Civil Rights Act - 1976
• Integrated Rural Development Program - 1978
• Forest Conservation Act - 1980
• Child Labour Prohibition Act - 1986
• National Forest Policy - 1988
• Prevention of Atrocities Act on SCs and STs - 1989
• Special National Commissions for SCs and STs - 1992
• Mahatma Gandhi National Rural Employment Guarantee Scheme - 2006
• Cooperative Societies Establishment Act - 2011
• Khadi and Village Industries Board to promote cottage industries
• 73rd Constitutional Amendment for Three-tier Panchayat System

* The balance between Fundamental Rights and Directive Principles is the foundation of the Indian Constitution, as stated by the Supreme Court in which case? (4) (AP SI - 2018)

1) Champakam Dorairajan vs. State of Madras 1951 2) Golaknath Case vs. State of Punjab 1967 3) Shankari Prasad Case vs. Union of India, 1952 4) Minerva Mills Case vs. Union of India, 1980

Directive Principles - Supreme Court Judgments - Interpretations:

1. Kesavananda Bharati V/S State of Kerala (1973)
   • Fundamental Rights and Directive Principles are mutually complementary. Fundamental Rights contribute to individual development, while Directive Principles are useful for social welfare, as commented by the Supreme Court.
2. Shah Bano Begum V/S Mohammad Ahmed Khan (1985)
   • This is a case related to alimony for Muslim women.
   • According to Section 125 of the Criminal Procedure Code, a wife has the right to receive maintenance from her husband.
   • The court stated that this also applies to Muslim women.
3. Unnikrishnan V/S State of Andhra Pradesh (1993)
   • Article 21 states that free and compulsory primary education should be provided to children up to 14 years of age.
   • It stated that this is an integral part of the right to dignity of a person.
4. Sarala Mudgal V/s Union of India (1995)
   • This is considered a Uniform Civil Code case.
   • If Hindus remarry through religious conversion, it is not valid.
   • As long as they are Indian citizens, they must abide by Indian laws wherever they are in the world.
   • Directed the government to take steps to implement the Uniform Civil Code.
5. M.C. Mehta V/s State of Tamil Nadu Case (1997)
   • Child labor system is a violation of Fundamental Rights. The government should take strong action to eradicate it, as suggested.
   • This is referred to as the Child Labor Prohibition Case.
6. Minerva Mills Case (1980):
   • Many aspects of the 42nd Constitutional Amendment were questioned in this case.
   • The Supreme Court stated that there is equal importance between Fundamental Rights and Directive Principles, and they are symbols of a common social revolution.

7. Fundamental Duties

(FUNDAMENTAL DUTIES)

* Consider the following statements regarding Fundamental Duties: (2) (TSLPRBT-2018)
a) Article 51 describes Fundamental Duties.
b) Fundamental Duties were incorporated through the 42nd Constitutional Amendment of 1976.
c) Fundamental Duties cannot be enforced through Writs.
d) Fundamental Duties cannot be enforced in a constitutional manner.
Select the correct answer.

1) a and b only 2) b and c only 3) a and c only 4) a, b and c

* What is the current number of Fundamental Duties in the Indian Constitution? (3) (AP Constables Mains-2016)

1) 8 2) 10 3) 11 4) 12

Meaning of Duty:

Duty means responsibility, obligation.

Responsibilities that citizens must fulfill towards society, country, and other individuals can be considered as duties.

Duties contribute to social development, national progress, and creating social awareness.

They enhance the unity and integrity of the country.

Father of the Nation Mahatma Gandhi opined that the main qualification to enjoy rights is to have duties.

Generally, duties are classified into two types: 1. Moral Duties 2. Legal Duties.

Moral duties are based on people's moral values and social awareness. For example, respecting elders and teachers, helping the unfortunate and the destitute, etc.

Legal duties are responsibilities that are approved by society and recognized by the government. Violating these is punishable. For example, following traffic rules, paying taxes properly, etc.

Duties were not included in the Constitution when it was enacted.

In 1976, through the 42nd Constitutional Amendment, based on the recommendations of the Sardar Swaran Singh Committee, Fundamental Duties were incorporated in Part 4-A, Article 51-A of the Indian Constitution.

Initially, there were ten Fundamental Duties.

In 2002, through the 86th Constitutional Amendment, another duty was added to the Constitution, increasing the number of Fundamental Duties to eleven.

Fundamental Duties came into effect from January 3, 1977.

January 3rd is celebrated as Fundamental Duties Day.

Fundamental Duties are adopted from the Soviet Union or Russian Constitution.

Features of Fundamental Duties:

• Fundamental Duties are not legally enforceable.
• They are not directly enforceable. Parliament must enact special laws to enforce them.