DPSP and F.

Duties in Indian Constitution

◈ Directive Principles of State Policy

Articles 36 to 51

◈ Directive Principles of State Policy

◈ The Directive Principles of State Policy are enumerated in Part IV of the Constitution from
Articles 36 to 51. The framers of the Constitution borrowed this idea from the Irish
Constitution of 1937, which had copied it from the Spanish Constitution. Dr B. R. Ambedkar
described these principles as ‘novel features’ of the Indian Constitution. The Directive
Principles along with the Fundamental Rights contain the philosophy of the Constitution and
is the soul of the Constitution. Granville Austin has described the Directive Principles and the
Fundamental Rights as the ‘Conscience of the Constitution’

◈ FEATURES OF THE DIRECTIVE PRINCIPLES

1. The phrase ‘Directive Principles of State Policy’ denotes the ideals that the State should keep in
mind while formulating policies and enacting laws. These are the constitutional instructions or
recommendations to the State in legislative, executive and administrative matters.

2. The Directive Principles constitute a very comprehensive economic, social and political
programme for a modern democratic State. They aim at realising the high ideals of justice, liberty,
equality and fraternity as outlined in the Preamble to the Constitution. They embody the concept of
a ‘welfare state’ and not that of a ‘police state’.

3. The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by
the courts for their violation. Therefore, the government (Central, state and local) cannot be
compelled to implement them.

◈ Article 36- In this Part, unless the context otherwise requires, "the State" has the same
meaning as in Part III.

◈ Article 37 of Constitution of India "Application of the principles contained in this Part"

◈ The provisions contained in this Part shall not be enforceable by any court, but the principles
therein laid down are nevertheless fundamental in the governance of the country and it
shall be the duty of the State to apply these principles in making laws.

◈ CLASSIFICATION OF THE DIRECTIVE PRINCIPLES

◈ The Directive Principles may be classified into following three groups;

A – Social and Economic Charter:

1. 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 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.

◈ Article 39. Certain principles of policy to be followed by the State -

 ◈ The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as
best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and
means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength;

(f) 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.

◈
B- Social Security Charter

1. Article 39A. Equal justice and free legal aid- The State shall 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.

2. Article 41. Right to work, to education and to public assistance in certain cases - 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.

4. Article 42. Provision for just and humane conditions of work and maternity relief - The State
shall make provision for securing just and humane conditions of work and for maternity relief.

5. Article 43. Living wage, etc., for workers - The State shall endeavour to secure, by suitable
legislation or economic organisation or in any other way, to all workers, agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in particular, the State shall
endeavour to promote cottage industries on an individual or co-operative basis in rural areas.

6. Article 43A. Participation of workers in management of industries. -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

7. Article 45. Provision for free and compulsory education for children- The State shall endeavour
to provide, within a period of ten years from the commencement of this Constitution, for free and
compulsory education for all children until they complete the age of fourteen years.

8. Article 46. Promotion of educational and economic interests of SCs and STs and other weaker
sections- 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.

9. Article 47. Duty of the State to raise the level of nutrition and the standard of living and to
improve public health- The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

◈
C. Community Welfare Charter-

1. Article 44. Uniform civil code for the citizens- The State shall endeavour to secure for the
citizens a uniform civil code throughout the territory of India.

2. Article 43B. Promotion of Co-operative Societies- The State shall endeavor to promote
voluntary formation, autonomous functioning, democratic control and professional
management of Co-operative Societies.

3. Article 48. Organisation of agriculture and animal husbandry -The State shall endeavour to
organise agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting the slaughter,
of cows and calves and other milch and draught cattle.

4. Article 48A. Protection and improvement of environment and safeguarding of forests and wild
life- The State shall endeavour to protect and improve the environment and to safeguard the forests
and wild life of the country.

5. Article 49. Protection of monuments and places and objects of national importance- It shall be
the obligation of the State 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.

6. Article 50. Separation of judiciary from executive- The State shall take steps to separate the
judiciary from the executive in the public services of the State.

◈ Article 51. -Promotion of international peace and security- 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 organized peoples with one another; and (d) encourage settlement of
international disputes by arbitration.

◈ Article 40. Organisation of village Panchayats- The State shall take steps to organise village
panchayats and endow them with such powers and authority as may be necessary to enable
them to function as units of self-government.

◈ Inter-relationship between Directive Principle and Fundamental Rights

◈ The directive principles differ from fundamental rights in this respect that while
Fundamental Rights are justiciable, Directive Principles are non-justiciable.

◈ According to Article 37, the Directive Principles, Though they are fundamental in the
governance of country and it shall be the duty of the State to apply these principles in
making law, but they are expressly made non-justiciable. On the other hand, fundamental
 rights are enforceable by the courts under Article 32 and the courts are bound to declare as
void any law that is inconsistent with the fundamental rights. The Directive Principles are not
so enforceable by the courts nor can the courts declare as void any law which contravenes
any of the directives. For example, if a person is illegally detained, a writ of habeas corpus
can be obtained by the detenue. But if the Government does not separate judiciary from
executive the courts cannot help aggrieved.

◈ In State of Madras v. Champakam Dorairajan, 1951, the Supreme Court observed as follows:
“The Directive Principle of the State Policy, which by Article 37 are expressly made
unenforceable by Courts cannot override the provisions found in Part III which,
notwithstanding other provisions, are expressly made enforceable by appropriate writs,
orders or directions under Article 32. The Directive Principles of State Policy have to confirm
and to run as subsidiary to the chapter on the fundamental rights. In our opinion that is the
correct approach in which the provision found in Part III and IV have to be understood.
However, so long as there is no infringement of any fundamental right to the extent
conferred by the provisions in Part III, there can be no objection the State acting in
accordance with the directive principles set out in Part IV, but subject again to the legislative
and executive powers and limitations conferred on the State under different provisions.

◈ In that case it was held that in case of any conflict between fundamental rights and directive
principles the fundamental rights would prevail. But a year later, when the Court dealt with
Zamindari abolition cases its attitude was considerably modified. In Re Kerala Education Bill,
1957, the Supreme Court observed that though the directive principles cannot override the
fundamental rights, nevertheless, in determining the scope and ambit of fundamental
rights the court may not entirely ignore the directive principles but should adopt “the
principles of harmonious construction and should attempt to give effect to both as much
as possible.” Likewise, a State law which prohibits slaughter of cows and calves and other
cattle capable of work has been upheld because it was meant to give effect to Article 48 of
the Constitution.

◈ Thus although in the earlier decisions the Court paid less regard to the directive principles on
the ground that they are not justiciable like the Fundamental Rights, but in its later decisions
the Court has taken the view that there is no conflict between the directive principles and
the fundamental rights and they supplement each other in aiming at the same goal bringing
about a social revolution and the establishment of a welfare State which is envisaged in the
Preamble. In view of this the Courts have the responsibilities to interpret the provisions of
the Constitution in such a way so as to ensure the implementation of the directive principles
and to harmonize the social objectives underlying the directives with the fundamental rights.
It is the duty of the State to apply these principles in making law. If any government ignores
them they will certainly have to answer for them before the electorate at the time of
election.

◈ It is, therefore, not correct to criticise these principles as meaningless and useless. It is
wrong to say that there is no sanctions behind them. In this age of democracy vigilant public
opinion is the real force behind them.

◈ In Keshvananda Bharti v. State of Kerala, 1973, the Supreme Court has said that
“fundamental rights and directive principles aim at the same goal of bringing about a social
revolution and establishment of a welfare State and they can be interpreted and applied
together. They are supplementary and complimentary to each other. It can well be said that
 directive principles prescribed the goal to be attained and the fundamental rights lay down
the means by which that goal is to be achieved.

◈ Article 31-C and Directive Principles.-

◈ Article 31-C was added by the Constitution 25th Amendment Act, 1971. The amendment has
considerably enhanced the importance of the directive principles. The object of the
amendment as stated in the objects clause of the bill was that this was enacted to get over
the difficulties placed in the way of giving effects to the directive principles of the State
policy. The first part of Article 31-C provides that no law which is intended to give effect to
the directive principles contained in Article 39 (b) and (c) shall be deemed to be void on the
ground that it is inconsistent with or takes away or abridges any of the rights conferred by
Article 14, or Article 19.

◈ Fundamental Duties
Article 51-A

◈ Fundamental Duties

◈ Though the rights and duties of the citizens are correlative and inseparable, the original
constitution contained only the fundamental rights and not the fundamental duties. In other
words, the framers of the Constitution did not feel it necessary to incorporate the
fundamental duties of the citizens in the Constitution. However, they incorporated the
duties of the State in the Constitution in the form of Directive Principles of State Polity. 42nd
Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th
Amendment Act 2002 later added 11th Fundamental Duty to the list. Swaran Singh
Committee in 1976 recommended Fundamental Duties, the necessity of which was felt
during the internal emergency of 1975-77.

◈ The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian
Constitution.

◈ Source of Fundamental Duties

◈ The Fundamental Duties in the Indian Constitution are inspired by the Constitution of
erstwhile USSR. Notably, none of the Constitutions of major democratic countries like USA,
Canada, France, Germany, Australia and so on specifically contain a list of duties of citizens.
Japanese Constitution is, perhaps, the only democratic Constitution in world which contains
a list of duties of citizens. The socialist countries, on the contrary, gave equal importance to
the fundamental rights and duties of their citizens. Hence, the Constitution of erstwhile
USSR declared that the citizen’s exercise of their rights and freedoms was inseparable from
the performance of their duties and obligations.

◈ LIST OF FUNDAMENTAL DUTIES

◈ According to Article 51 A, it shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem;

(b) to cherish and follow the noble ideals that inspired the national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women;

(f) to value and preserve the rich heritage of the country’s composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures;

(h) to develop scientific temper, humanism and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement; and

(k) to provide opportunities for education to his child or ward between the age of six and fourteen
years. This duty was added by the 86th Constitutional Amendment Act, 2002.

◈
Need For Fundamental Duties

◈ India is a country where people belonging to different castes, creed, religion, sects etc. live
together and in order to maintain harmony and peace and to encourage the feeling of
brotherhood and oneness among them the Fundamental Duties play a vital role. Further, in
upholding and protecting the sovereignty, unity and integrity of our country which is of
inevitable importance there is a need of some fundamental duties which reminds the
citizens that rights and duties go hand in hand.

◈ These fundamental duties serve as a constant reminder to every citizen that while the
Constitution specifically conferred on them certain fundamental rights, it also requires
citizens to observe certain basic norms of democratic conduct and democratic behaviour.

◈ Importance of Fundamental Duties

◈ They remind Indian Citizens of their duty towards their society, fellow citizens and the
nation.

◈ They warn citizens against anti-national and anti-social activities.

◈ They inspire citizens & promote a sense of discipline and commitment among them.

◈ They help the courts in examining and determining the constitutional validity of a law.

◈ They are enforceable by law. Hence, the Parliament can provide for the imposition of
appropriate penalty or punishment for failure to fulfill any of them.

◈ In AIIMS students Union v. AIIMS, 2001, speaking about the importance of Fundamental
duties enshrined in Article 51 A the Court said that the are equally important like
fundamental rights. Though fundamental duties are not made enforceable like fundamental
rights but it cannot overlook as duties in Part IV-A is prefixed by the same word
“fundamental”. Every citizen of India is fundamentally obliged to develop the scientific
temper and humanism.
◈ In State of Gujarat v. Mirazpur Moti Kureshi Kasab Jamat, 2006, the petitioners have
challenged the constitutional validity of the Bombay Animal (Preservation of Gujarat
Amendment) Act , 1994, by which the State had prohibited slaughter of cows on the ground
that it was violative of their right to carry on business under Article 19 (1) (g) of the
Constitution. The supreme Court held that the ban imposed by the Act is a reasonable
restriction on their business and in the interest of general public. Restriction imposed for
promoting the objectives of the directive principles in Article 48 and Article 51-A is a
reasonable restriction on the fundamental right of the petitioners to carry on business and
therefore, valid.

◈ In Government of India v. George Philip, 2007, the respondent has challenged his
compulsory retirement from service. He was granted leave by the department to pursue
advanced research training. He was granted leave for two years. He overstayed in foreign
country in spite of repeated reminders to come and join his duty after the expiry of his leave.
An inquiry was instituted against him and the charge of overstaying in a foreign country was
proved. He was compulsorily retired from service. The tribunal and the high Court granted
him remedy of joining his service without back wages. The Supreme Court set aside the
order of the High Court. The Supreme Court held that Article 51-A (j) imposed a duty on
citizen to strive towards excellence in all spheres and it cannot be achieved unless
employees maintain discipline and devotion to duty.

◈ Enforcement of Fundamental duties

◈ The duties incorporated in the Constitution by the 42nd Amendment are statutory duties and
shall be enforceable by law. Parliament, by law, will provide penalties to be imposed for
failure to fulfill those duties and obligations. The success of this provision would, however,
depend much upon the manner in which and the person against whom these duties would
be enforced.

◈ For the proper enforcement of duties, it is necessary that it should be known to all. This
should be done by a systematic and intensive education of the people that is by publicity or
by making it a part of the syllabus and curriculum of education. Homes, Universities,
colleges, offices should all be made centres for imparting in the performance of their
obligations.

◈ In M.C. Mehta (2) v. Union of India, 1983, the Supreme has held that under Article 51-A (g) it
is the duty of the Central Government to introduce compulsory teaching of lessons at least
for one hour in a week on protection and improvement of natural environment in all the
educational institution of the country. It directed the Central Government to get textbook
written on that subject and distribute them to the educational institutions free of cost.