Polity · topic 3 of 11
Directive Principles & Fundamental Duties
Part IV (Articles 36–51) tells the State what to aim for; Part IVA (Article 51A) tells citizens what they owe. UPSC’s favourite move: put a DPSP line next to a duty or a right and ask which Part it belongs to.
What a Directive Principle is
- Art. 37: not enforceable by any court, but “fundamental in the governance of the country”; the State must apply them in making laws.
- Borrowed from the Irish Constitution. Ambedkar called them “novel features”; Granville Austin called them, with the FRs, the “conscience of the Constitution”.
- They set up economic and social democracy and the ideal of a welfare state (Art. 38).
The principles, grouped
| Type | Articles |
|---|---|
| Socialistic | 38 welfare, reduce inequality in income · 39 livelihood, fair distribution of resources, no concentration of wealth, equal pay, child health · 39A free legal aid (42nd) · 41 work, education, public assistance · 42 just and humane work conditions, maternity relief · 43 living wage · 43A workers in management (42nd) · 47 nutrition, public health |
| Gandhian | 40 village panchayats · 43 cottage industries in rural areas · 43B co-operative societies (97th) · 46 SC/ST/weaker sections · 47 prohibit intoxicating drinks and drugs · 48 ban slaughter of cows and calves |
| Liberal-intellectual | 44 uniform civil code · 45 early childhood care up to 6 (86th) · 48 modern agriculture and animal husbandry · 48A environment, forests, wildlife (42nd) · 49 monuments · 50 separate judiciary from executive · 51 international peace and security |
Added later
| Amendment | Change |
|---|---|
| 42nd (1976) | 39(f) children’s development · 39A free legal aid · 43A workers in management · 48A environment |
| 44th (1978) | 38(2) minimise inequalities in income, status, facilities |
| 86th (2002) | Art. 45 changed to early childhood care up to 6 (education 6–14 moved to Art. 21A) |
| 97th (2011) | 43B voluntary formation and professional management of co-operatives |
FR vs DPSP — the court story
| Case / amendment | What happened |
|---|---|
| Champakam Dorairajan (1951) | FRs prevail over DPSPs |
| Golaknath (1967) | Parliament cannot amend FRs to implement DPSPs |
| 24th & 25th Amendments (1971) | Art. 31C: laws for 39(b)/(c) protected from Arts. 14, 19 |
| Kesavananda (1973) | Upheld the first part of 31C; judicial review cannot be excluded |
| 42nd Amendment (1976) | Extended 31C to ALL Directive Principles |
| Minerva Mills (1980) | Struck that extension down: the balance between Parts III and IV is part of the basic structure |
Fundamental Duties (Art. 51A)
- Added by the 42nd Amendment (1976) on the Swaran Singh Committee’s advice — 10 duties (the committee suggested 8). Inspired by the USSR Constitution.
- The 11th duty — parents/guardians to give children aged 6–14 an opportunity for education — came by the 86th Amendment (2002).
- For citizens only; non-justiciable; no enforcement machinery in the Constitution. Parliament can give effect to them by law.
- The list: abide by the Constitution, respect the flag and anthem · cherish the ideals of the freedom struggle · uphold sovereignty, unity, integrity · defend the country · promote harmony, renounce practices derogatory to women · value and preserve composite culture · protect the environment, compassion for living creatures · scientific temper, humanism, spirit of inquiry · safeguard public property, abjure violence · strive towards excellence · (11) education of children 6–14.
- Verma Committee (1999) listed the laws that already give effect to some duties.
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| “Protect weaker sections from social injustice” is a Fundamental Duty | It is Art. 46, a Directive to the State. |
| Separation of judiciary is in the Preamble or a convention | Art. 50, DPSP. |
| Promotion of international peace is a Fundamental Duty | Art. 51, DPSP. |
| DPSPs limit legislative and executive power | UPSC 2017: they are limitations on neither legislative nor executive functions. |
| Fundamental Duties apply to foreigners too | Citizens only. |
| Uniform civil code is a Fundamental Right | Art. 44, DPSP. |
For Mains
GS 2: the justiciability debate (right to health, food, work being read into Art. 21 from DPSPs), uniform civil code, and Fundamental Duties vs rights. Useful line: DPSPs are the Constitution’s “instrument of instructions” to governments; courts use them to interpret, not to enforce.
Real PYQs on this topic, solved
UPSC 2025 · Newest PYQ · which Part says it
Consider the following pairs: (Provision in the Constitution of India — Stated under)
- Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of the State Policy — ✓
- Valuing and preserving of the rich heritage of our composite culture : The Fundamental Duties — ✓
- Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights — ✓
Answer (c): All the three
Remember: Separation of judiciary = Art. 50 (DPSP) · composite culture = 51A(f) (FD) · child under 14 in factory = Art. 24 (FR).
UPSC 2020 · Art. 50
In India, separation of judiciary from the executive is enjoined by
Answer (b): a Directive Principle of State Policy
Remember: Art. 50 = separate judiciary from executive (DPSP). Art. 51 = promote international peace (DPSP).
UPSC 2015 · Welfare State
The ideal of ‘Welfare State’ in the Indian Constitution is enshrined in its
Answer (b): Directive Principles of State Policy
Remember: Welfare State = DPSP (Art. 38 onwards) · Art. 37 = non-justiciable but fundamental in governance.
UPSC 2012 · Fundamental Duties · 51A
Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution?
- To preserve the rich heritage of our composite culture — ✓
- To protect the weaker sections from social injustice — ✗
- To develop the scientific temper and spirit of inquiry — ✓
- To strive towards excellence in all spheres of individual and collective activity — ✓
Answer (c): 1, 3 and 4 only
Remember: FD = Art. 51A, Part IVA · 42nd (1976) 10 duties + 86th (2002) the 11th · citizens only · Swaran Singh Committee.
UPSC 2017 · Fundamental Duties · enforcement
Which of the following statements is/are true of the Fundamental Duties of an Indian citizen?
- A legislative process has been provided to enforce these duties. — ✗
- They are correlative to legal duties. — ✗
Answer (d): Neither 1 nor 2
Remember: Fundamental Duties: non-justiciable · no enforcement machinery in the Constitution · Parliament may give them effect by ordinary law.