DPSP
MOHIT BANSAL
PART 4
• Article 36 to 51
BORROWED
• Ireland.
Government of India Act of 1935.
• Instrument of Instructions
Article 36-
• State
Article 37-
• 1.The Directive Principles are not justiciable.
• 2.They are Fundamental to the governance of the country.
• 3.It shall be the duty of the State to apply these Directive Principles while
formulating policies or making laws for the governance of the State.
ARTICLE 38: STATE TO SECURE A SOCIAL
ORDER FOR THE PROMOTION OF THE
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 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.
• The Planning Commission was established in 1950
• NITI Aayog (National Institution for Transforming India).
Land reform laws
• (a)abolition of intermediaries like zamindars, jagirdars,inamdars, etc;
• (b) tenancy reforms like security of tenure, fairrents, etc;
• (c) imposition of ceilings on land holdings;
• (d)distribution of surplus land among the landless labourers;
• (e) cooperative farming.
• The Community Development Programme (1952),
• Hill Area Development Programme (1960),
• Drought-Prone Area Programme (1973),
• Minimum Needs Programme (1974),
• Integrated Rural Development Programme (1978),
A
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 citizen, 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.
• The Minimum Wages Act (1948),
• the Payment of Wages Act(1936),
• the Payment of Bonus Act (1965),
• the ContractLabour Regulation and Abolition Act (1970),
• Child Labour Prohibition and Regulation Act (1986)
• Bonded Labour System Abolition Act (1976)
• Trade Unions Act (1926),
• Factories Act (1948)
• Mines Act (1952), the
• Industrial Disputes Act (1947),
• Workmen’sCompensation Act (1923)
• nationalisation of life insurance (1956),
• nationalisation of fourteen leading commercial banks (1969), nationalisation
of general insurance (1971),
• abolition of Privy Purses (1971)
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.
• The Legal Services Authorities Act (1987)
• Lok adalat
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.
• 73 and 74 amendment act
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.
• Atal pension yojana
• Ayushman bharat
• Pradhan Mantri Jeevan Jyoti Bima Yojana(PMJJBY)
• Pradhan Mantri Suraksha Bima Yojana(PMSBY)
• Life Cover under Pradhan Mantri Jan Dhan Yojana (PMJDY)
• Varishtha Pension Bima Yojana.
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.
• Maternity Benefit Act, 1961
ARTICLE 43: LIVING WAGE, ETC., FOR
WORKERS
• The State shall endeavor 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
• Jawahar Rozgar Yojana (1989),
• Swarnajayanti Gram Swarozgar Yojana (1999),
• Sampoorna Grameena Rozgar Yojana (2001),
• National Rural Employment Guarantee Programme (2006)
• the State shall endeavour to promote cottage industries on an individual or
co-operative basis in rural areas.
• Khadi and Village Industries Board,
• Khadi and Village Industries Commission,
• Small-Scale Industries Board,
• National Small Industries Corporation,
• Handloom Board,
• Handicrafts Board,
• Coir Board,
• Silk Board
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 organisation engaged in any industry.
• AMUL
• MOTHER DIARY
ARTICLE 44: UNIFORM CIVIL CODE
FOR THE CITIZEN
• The State shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.
• Hindu code bill
• triple talaq bill
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.
Eighty-sixth Amendment Act, 2002
• The State shall endeavour to provide early childhood care and education for
all children until they complete the age of six years.
• The Early Childhood Care and Education (ECCE) Scheme
ARTICLE 46: PROMOTION OF
EDUCATIONAL AND ECONOMIC
INTERESTS OF SCHEDULED CASTES,
SCHEDULED TRIBES 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.
• Seats are reserved for SCs, STs and other weaker sections in educational
institutions,
• Protection of Civil Rights Act in 1976
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
• National Commission for Scheduled Castes and Scheduled Tribes
• National Commission for Backward Classes (1993),
• National Commission for Minorities (1993),
• National Commission for Women (1992)
• National Commission for Protection of Child Rights (2007).
• 10% reservation to the Economically Weaker Sections (EWSs) in admission
to educational institutions
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,
• the State shall endeavour to bring about prohibition of the consumption
except for medicinal purpose of intoxicating drinks and of drugs which are
injurious to health.
• NATIONAL NUTRITION MISSION
• NATIONAL HEALTH MISSION
• MISSION INDHRADHANUSH
PROHIBITION IN BIHAR
PROHIBTION IN GUJARAT
ARTICLE 48: ORGANIZATION OF
AGRICULTURE AND ANIMAL
HUSBANDRY
• The State shall endeavour to organize 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.
• Laws to prohibit the slaughter of cows, calves, and bullocks
• National Livestock Mission.
• Animal Husbandry Infrastructure Development Fund.
• Rashtriya Gokul Mission.
• Kisan Credit Cards (KCC) to Livestock Farmers.
• National Programme for Dairy Development..
• National Animal Disease Control Programme.
ARTICLE 48A: PROTECTION AND
IMPROVEMENT OF ENVIRONMENT
AND SAFEGUARDING OF FORESTS AND
WILDLIFE
• The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.
• The Wildlife (Protection) Act, 1972
• Forest (Conservation) Act, 1980,
• The Air (Prevention and Control of Pollution) Act- 1981.
• The Water (Prevention and Control of Pollution) Act- 1974.
• The Environment (Protection) Act-1986.
• Central and State Pollution Control Boards,
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.
• The Ancient and Historical Monument and Archaeological Sites and
Remains Act (1951)
ARTICLE 50: SEPARATION OF JUDICIARY
FROM THE EXECUTIVE
• The State shall take steps to separate the judiciary from the executive in the
public services of the State.
• The Criminal Procedure Code (1973) separated 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 organised people with one another; and
• (d) encourage settlement of international disputes by arbitration.
• policy of non-alignment
• panchsheel
Classification of DPs :-
Socialistic principles:-
Article 38 –
• the state shall endeavour to formulate such social system which will secure
social, economic and political justice to all in all the spheres of life and to
minimise inequalities in income, status, facilities and opportunities.
Article 39
• Article 39(a) - the state shall try to formulate its policy in such a manner so
as to secure adequate means of livelihood for all its citizens.
• Article 39(b) - the ownership of material resources would be controlled in
such a manner so as to sub-serve the common good.
• Article 39(c) - the economy of the state will be administered in such a
manner so that wealth may not yet be concentrated in a few hands and the
means of production may not be used against the public interest.
• Article 41 - the State will work within the limits of its economic viability and
progress, provide to the citizens the right to work, the right to education and
general assistance in the event of unemployment, old age, disease and other
disabilities.
• Article 42 - the state will make provisions for the creation of just and humane
conditions of work. It will also ensure maternity relief.
• Article 43 - the state will ensure adequate wages, good life and rest to the
labourers. The state will also endeavour to make available to the labourers
various socio-cultural facilities.
Liberal Principles:-
• Article 44 - The State shall endeavour to formulate and implement a Uniform
Civil Code for all the people living throughout the territory of India.
• Article 45 - the State shall endeavour to provide early childhood care and
education for all the children until they complete the age of six years.
• Article 47 - the State shall strive to raise the level of nutrition and the
standard of living.
• Thus, it will endeavour to improve upon the health of the people.
• Article 48 - the State shall strive to organise agriculture and husbandry on
modern and scientific lines.
• It will also try to maintain and improve upon the breed of the animals.
• Article 50 - the state will try to separate the judiciary from the executive in
the case of public service.
Gandhian Principles:-
• Article 40- the State will strive to organise Panchayats in villages and will
endow them with such powers which enable them to act as units of self
government.
• Article 43 - the state shall strive to develop the cottage industry in the rural
areas both, on individual or cooperative basis.
• Article47 - the state will strive to ban the consumption of wine, other
intoxicating drinks and all such commodities which are considered injurious
to health.
• Article 48 suggests that the State will ban slaughtering of cows, calves and
other milch cattle.
International principles:-
• Article 51(a)- The State will strive to promote international peace and
security.
• Article 51(b)- The State will strive to maintain just and honourable
relations among various states in the world.
• Article 51(c)- The State will endeavour to promote respect for
International treaties, agreements, and law. Article
• Article 51(f)- The State will strive to settle international disputes by
arbitration.
New Directive Principles:-
The 42th Amendment Act of 1978
• four.
• To secure opportunities for healthy development of children. (Article 39)
• To promote equal justice and to provide free Legal Aid to the poor. (Article
39a)
• to take steps to secure the participation of workers in the management of
industries.(article 43a)
• to protect and improve the environment and to safeguard forest and wildlife.
(Article 48A)
The 44 Amendment Act of 1978
• state to minimise inequalities in income status facilities and
opportunities. (Article 38)
The the86th Amendment Act of 2002
• changed the subject matter of article 45 and made elementary education
fundamental right under article 21 A.
The the97th act of 2011
• the state to promote voluntary formation autonomous functioning
democratic control and professional management of cooperative societies.
(Article 43B).
Directives contained in other parts
(Important) :-
• 1.Article 350 A enjoins every state and every local authority within the state to provide
adequate facilities for instruction in the mother tongue at the belonging to linguistic
minority groups.
• 2.Article 351 enjoins the union to promote the spread of Hindi and to develop it so
that itmay serve as a medium of expression of all the elements of the composite
culture of India.
• 3.Article 335 enjoins that the claims of the members of the Scheduled Castes
andScheduled Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of appointments to
services and posts inconnection with the affairs of the union or a state.
Features-
Ideals
• justice, liberty, equality and fraternity
Non-Judicial.
• courts have given similar attention to them on the application of the
principle that all part of the Constitution should be read together.
Constitutional Instructions
• -recommendations policies and enacting laws.
• philosophy of the Constitution
welfare state
• -not ‘police state’colonial era
• social and economic democracy
Criticism
No
• Legal Force
NO
• consistent philosophy
• Twentieth century vs twenty-first century
constitutional conflict
• between the Centre and the states,
• President and the Prime Minister
• governor and the chief minister
Counter arguments/Importance
opposition-influence and control
• test for the performance
• judge the achievements of the Govt.
stability and continuity in State policies.
• common political manifesto.
• irrespective of its political ideology
Fundamental in the Governance
• Socio-Economic Democracy
• welfare state.
• supplement Fundamental rights.
Guiding Principles for courts
• examining and determining the constitutional validity of a law. ‘reasonable’
Article 19 (six freedoms)
Justiciability
• 1. sufficient financial resources
• 2. vast diversity and backwardness
• 3. preoccupations
• 4. pragmatic view
• 5. awakened public opinion > court procedures
Sanction behind dpsp
• moral obligation
The real force -
• political-public opinion
• popular vote -answer - election time
Fundamental Rights Directive Principles
limitations upon state action instruments of instruction
justiciable non-justiciable
legal sanction political and moral sanction
implemented by legislation for legal
right
negative obligation positive obligations
political democracy social and economic democracy
welfare of individual welfare of community
Relative Importance of DPs vis-
a-vis FRs:-
Champakam Dorairajan case(1951),
• the Supreme Court-
• conflict between the Fundamental Rights and the Directive Principles, the
former would prevail.
• subsidiary
• Fundamental Rights could be amended by the Parliament by enacting
constitutional amendment acts.
• the Parliament made the First Amendment Act (1951), the Fourth
Amendment Act (1955) and the Seventeenth Amendment Act (1964) to
implement some of the Directives.
1967 -Golaknath case
• Supreme Court -
• Parliament cannot take away or abridge any of the Fundamental Rights
• ‘sacrosanct’
• Fundamental Rights cannot be amended for the implementation of the
Directive Principles.
24th Amendment Act (1971) and
the 25th Amendment Act (1971).
The 24th Amendment Act-
• Parliament has the power to abridge or take away any of the Fundamental
Rights by enacting Constitutional Amendment Acts.
The 25th Amendment Act -
• Article 31C
• No law which seeks to implement Article 39 (b)and (c) shall be void
on the ground of contravention of the Fundamental Rights conferred
by Article 14 (equality before law and equal protection of laws), Article
19 (protection of six rights in respect of speech, assembly, movement,
etc) or Article 31 (right to property).
• No law containing a declaration for giving effect to such policy shall
be questioned in any court on the ground that it does not give effect to
such a policy.
Kesavananda Bharati case(1973)
• the Supreme Court declared the above second provision of Article 31C as
unconstitutional and invalid on the ground that judicial review is a basic
feature of the Constitution and hence, cannot be taken away.
• However, the above first provision of Article 31C was held to be
constitutional and valid.
42nd Amendment Act (1976)
• Article 31C
• -any law to implement any of the Directive Principles
Minerva Mills case(1980).
• unconstitutional and invalid
• legal primacy and supremacy to the Directive Principles
Fundamental Rights
• -Article 14 and Article 19 were accepted as subordinate to the Directive
Principles-Article 39 (b) and (c).
Theory of harmonious relationship-
• balance between the Fundamental Rights and the Directive Principles.
Two wheels of a chariot
• Complementary- supplementary
• To give absolute primacy to one over the other is to disturb the harmony of
the Constitution.
• basic structure
PRELIMS PRACTISE
QUESTIONS
• Consider the following statements:
• 1. Article 46 of the Constitution of India provides for free legal aid to Scheduled Castes and Scheduled
Tribes.
• 2. Article 44 of the Constitution of India provides for promotion of cottage industries.
• Which of the statements given above is/are correct?
• A) Only 1
• B) Only 2
• C) Both 1 and 2
• D) Neither 1 nor 2
Correct Answer: D
• Which one of the following is not a correct description of the Directive
Principles of State Policy?
• A) Directive Principles are not enforceable by the courts.
• B) Directive Principles have a political sanction.
• C) Directive Principles are declaration of objectives for State Legislation.
• D) Directive Principles promise equal income and free health care for all
Indians.
Correct Answer: D
• Consider the following statements:
• Directive Principles of State Policy are:
• 1. Not amendable
• 2. Not enforceable by any court
• 3. Fundamental in the governance of the country
• Which of the above statements are correct?
• A) 1 and 2
• B) 1 and 3
• C) 2 and 3
• D) 1, 2 and 3
Correct Answer: C
• Assertion (A): It is the legal and Constitutional duty of the State to provide legal aid
to the poor.
• Reason (R): No one shall be denied justice by reason of his poverty.
• A) Both A and R are individually true and R is the correct explanation of A
• B) Both A and R are individually true but R is not the correct explanation of A
• C) A is true but R is false
• D) A is false but R is true
Correct Answer: A
• Assertion (A): Any individual affected due to violation of any of the Directive
Principles of State Policy, cannot move the court.
• Reason (R): The Directive Principles are not justiciable.
• A) Both A and R are individually true and R is the correct explanation of A
• B) Both A and R are individually true but R is not the correct explanation of A
• C) A is true but R is false
• D) A is false but R is true
Correct Answer: A
• Which of the following is/are among Directive Principles of State Policy?
• 1. The State shall strive to promote science and technology for development.
• 2. The State shall endeavour to secure for citizens a Uniform Civil Code throughout India.
• 3. The State shall try to develop population policy and family planning programmes.
• 4. The State shall take steps to promote tourism.
• Select the correct answer using the codes given below:
• A) 1 and 3
• B) 2 and 4
• C) 2 only
• D) 1, 2, 3 and 4
Correct Answer: C
• Assertion (A): Laws covered under Article 39 [a] and [c] have been given protective
shield against some of the fundamental rights.
• Reason (R): The Directive Principles are also regarded relevant for considering
what are reasonable restrictions under Article 19?
• A) Both A and R are individually true and R is the correct explanation of A
• B) Both A and R are individually true but R is not the correct explanation of A
• C) A is true but R is false
• D) A is false but R is true
Correct Answer: B
• Which of the following statements is/are correct?
• 1. 42nd Amendment to the Constitution of India gave primacy to Directive Principles over Fundamental Rights.
• 2. Minerva Mills case ruled that there has to be a balance between Part III and Part IV of the Constitution.
• 3. National Commission for Review of the Working of the Constitution has recommended that Directive Principles
be made justiciable.
• Select the correct answer using the codes given below:
• A) 1 and 2
• B) 2 and 3
• C) 1 and 3
• D) 2 only
Correct Answer: A
• Which part of the Constitution of India refers to the responsibility of the state
towards international peace and security?
• A) Fundamental Rights
• B) Directive Principles of State Policy
• C) Emergency provisions
• D) Preamble to the Constitution
Correct Answer: B
• Assertion (A): Secularism is a basic feature of the Constitution of India in the sense that the
State should be neutral to the different religions.
• Reason (R): One of the Directive Principles of State Policy states that it will be a part of the duty
of the state to improve the breeds of cattle and stop the slaughter of cows and calves.
• A) Both A and R are individually true and R is the correct explanation of A
• B) Both A and R are individually true but R is not the correct explanation of A
• C) A is true but R is false
• D) A is false but R is true
Correct Answer: B
• Which one of the following is a correct statement?
• A) Primacy is given to all the directive principles contained in Part IV of the Constitution over
fundamental rights.
• B) Primacy is given to all the fundamental rights conferred by Article 14-32 of the Constitution,
over directive principles.
• C) Primacy is given to all the fundamental rights conferred by Part III of the Constitution over
directive principles.
• D) Primacy is given only to directive principles in clauses [b] and [c] of Article 39 over
fundamental S rights conferred by Articles 14 and 19 of the Constitution.
Correct Answer: D
• Assertion (A): The directive principles of state policy are not enforceable by any
court.
• Reason (R): The directive principles are more or less fundamental in the
governance of the country.
• A) Both A and R are individually true and R is the correct explanation of A
• B) Both A and R are individually true but R is not the correct explanation of A
• C) A is true but R is false
• D) A is false but R is true
Correct Answer: B
• Which one of the following is not the objective of the Directive Principles of State
Policy?
• A) To establish a welfare state
• B) To ensure socio-economic justice
• C) To establish a religious state
• D) To establish a secular state
Correct Answer: C
• Which of the following are included in the Directive Principles of State Policy in the Constitution of India?
• 1. Uniform civil code for the citizens
• 2. Separation of judiciary from executive
• 3. Protection of monuments of national importance
• Select the correct answer by using the codes given below:
• A) 1 and 2
• B) 2 and 3
• C) 1 and 3
• D) 1, 2 and 3
Correct Answer: D
• Though the Directive Principles of State Policy contained in the Constitution are
not enforceable by any court, yet they are:
• A) Fundamental in the governance of the country
• B) Binding on the State
• C) Enforceable at the instance of the President of India
• D) Superior to Fundamental Rights
Correct Answer: A
• Assertion (A): The Directive Principles of State Policy contained in the Constitution of India are relevant in
determining the limits of reasonable restrictions laid down in Article 19 dealing with the Fundamental Right
to Freedom.
• Reason (R): The Fundamental Rights in Part III of the Constitution have been superseded by the Directive
Principles.
• A) Both A and R are individually true and R is the correct explanation of A
• B) Both A and R are individually true but R is not the correct explanation of A
• C) A is true but R is false
• D) A is false but R is true
Correct Answer: C
• Which one of the following is the real guiding factor for the State to meet
social needs and for the establishment of new social order?
• A) Fundamental Rights
• B) Preamble of the Constitution
• C) Directive Principles of State Policy
• D) Distribution of Powers
Correct Answer: C
• Which of the following statements about the changes made by the forty second amendment to the Constitution relating to the
Directive Principles of State Policy are correct?
• 1. It enabled State to provide free legal aid to its citizens.
• 2. It provided for the State to secure the participation of workers in the management of undertakings.
• 3. It required the state to minimise inequalities in income and status.
• Select the correct answer using the codes given below:
• A) 1 and 2
• B) 1 and 3
• C) 2 and 3
• D) 1, 2 and 3
Correct Answer: A
• Consider the following statements:
• Directive Principles of State Policy are:
• 1. Directives in the nature of ideals of the state
• 2. Directives influencing and shaping the policy of State
• 3. Non-justiciable rights of the citizens
• Which of these statements is/are correct?
• A) Only 1
• B) 2 and 3
• C) Only 3
• D) 1, 2 and 3
Correct Answer: D
• Directive Principles of State Policy direct the State for which of the following?
• 1. To secure a social order for the promotion of welfare of the people
• 2. To separate judiciary from executive
• 3. To improve public health
• Select the correct answer using the codes given below:
• A) 1 and 2
• B) 2 and 3
• C) 1 and 3
• D) 2 and 3
Correct Answer: D
• Which of the following statements about a uniform civil code is/are correct?
• 1. It is binding on the State that a uniform civil code must be made applicable to all.
• 2. The provision regarding a uniform civil code is contained in Part III of the Constitution.
• Select the correct answer using the codes given below:
• A) Only 1
• B) Only 2
• C) Both land 2
• D) Neither 1 nor 2
Correct Answer: D
MAINS PRACTISE QUESTION
• Part IV of the Indian Constitution has great value as it provides for social
and economic democracy as distinguished from political democracy. In light
of the above statement, discuss the importance and limitations of this part
of the constitution.
• DPSP in Part IV of the Constitution denotes the ideals that the government
should keep in mind while formulating policies and enacting laws. These are
set of Constitutional instructions to state in legislative, executive and
administrative matters.
Importance of DPSP
Fundamental rights provide for political rights. DPSP supplement them by providing for social and
economic rights.
DPSP constitute comprehensive socio-economic programme for a modern democratic state
Aim at realizing high ideals of justice, liberty, equality and fraternity
Embody the concept of welfare state, and not that of the police state
It helps courts in examining and determining constitutional validity of law in the light of socio-
economic propriety
Its socialistic principles lay down framework of democratic socialist state, providing socioeconomic
justice
• The DPSP incorporates the Gandhian ideology as well as ideology of
liberalism
• They impose moral obligation on the state authorities for their application.
• Their implementation creates a favorable atmosphere for the full and proper
enjoyment of fundamental rights.
However, this part is also fraught with
certain limitations:
No Legal Force: The DPSP are non-justiciable in nature i.e. they are not legally
enforceable by the courts for their violation
• Constitutional Conflict: DPSP lead to constitutional conflict (a) between
Centre and states, (b) Centre and President, (c) Chief minister and governor
• Conflict with Fundamental rights: They can be amended to implement the
fundamental rights.
• A law cannot be struck down by courts for violating DPSP.
• In spite of above limitations, DPSP are fundamental to the governance of
the country. Its significance can be gauged from the words of a former CJI,
“If all the principles of DPSP are fully. carried out, our country would
indeed be a heaven on earth. India would then be not only democracy in
political sense, but also welfare state looking after welfare of its citizen
•THANK
YOU
