DPSP and Fundamental Duties — TNPSC Group II/IIA Polity
Overview
Part IV (Articles 36–51) contains the Directive Principles of State Policy — the socio-economic goals that the Constitution directs the government to achieve. Article 51A (Part IVA) contains the Fundamental Duties of citizens, added in 1976. For TNPSC Group 2/2A, these topics are frequently tested — especially the classification of DPSPs and the list of Fundamental Duties.
Directive Principles of State Policy (Articles 36–51)
Key Provisions
| Article | Directive |
|---|---|
| Article 38 | State to secure social order for welfare of people |
| Article 39 | Equal pay for equal work; adequate livelihood; prevent concentration of wealth |
| Article 39A | Free legal aid (added by 42nd Amendment) |
| Article 40 | Organisation of village panchayats |
| Article 41 | Right to work, education, public assistance (in cases of unemployment, sickness, old age) |
| Article 42 | Just and humane conditions of work and maternity relief |
| Article 43 | Living wage and decent standard of life for workers |
| Article 43A | Participation of workers in management of industries (added by 42nd Amendment) |
| Article 44 | Uniform Civil Code throughout India |
| Article 45 | Early childhood care and education for children below 6 years |
| Article 46 | Promotion of educational and economic interests of SC, ST and weaker sections |
| Article 47 | Raise level of nutrition and standard of living; prohibition of intoxicants |
| Article 48 | Organisation of agriculture; prohibition of cow slaughter |
| Article 48A | Protection of environment and safeguarding forests and wildlife (added by 42nd Amendment) |
| Article 49 | Protection of national monuments |
| Article 50 | Separation of judiciary from executive |
| Article 51 | International peace and security; promote international order |
Classification of Directive Principles
Socialistic Directives (Welfare State)
- Article 38: Social order for welfare
- Article 39: Equal pay for equal work; right to livelihood
- Article 39A: Free legal aid
- Article 41: Right to work, education, assistance
- Article 42: Maternity relief
- Article 43: Living wage
- Article 43A: Workers in management
Gandhian Directives (Gandhi's principles)
- Article 40: Village panchayats
- Article 43: Cottage industries
- Article 44: Uniform Civil Code (partial — Gandhian ideal)
- Article 46: Upliftment of weaker sections
- Article 47: Prohibition of intoxicants
- Article 48: Cow protection
Liberal-Intellectual Directives
- Article 44: Uniform Civil Code
- Article 45: Early childhood care
- Article 48A: Environment protection
- Article 49: Protection of national monuments
- Article 50: Separation of judiciary from executive
- Article 51: International peace
Important DPSPs for TNPSC
Article 44 — Uniform Civil Code (UCC)
- Direct the state to secure a Uniform Civil Code throughout India
- Personal laws of different religions (marriage, divorce, inheritance) to be replaced by a single code
- Highly controversial; successive governments have not implemented it
- Goa has a partial Uniform Civil Code (Portuguese Civil Code still applicable)
Article 39A — Free Legal Aid
- Added by 42nd Amendment (1976)
- State must provide free legal aid to ensure justice is not denied due to poverty
- Led to establishment of State Legal Services Authorities and National Legal Services Authority (NALSA)
Article 48A — Environment Protection
- Added by 42nd Amendment (1976)
- State shall endeavour to protect and improve the environment and safeguard forests and wildlife
- Basis for many environmental laws
Conflict Between Fundamental Rights and DPSP
Evolution Through Amendments
| Case/Amendment | Decision |
|---|---|
| State of Madras v. Champakam Dorairajan (1951) | FRs override DPSPs; led to 1st Amendment adding 9th Schedule |
| Golaknath Case (1967) | Parliament cannot amend FRs |
| 24th Amendment (1971) | Parliament CAN amend any part of Constitution including FRs |
| Kesavananda Bharati Case (1973) | Basic Structure Doctrine — Parliament cannot destroy basic structure |
| 42nd Amendment (1976) | DPSPs given precedence over some FRs |
| Minerva Mills Case (1980) | Harmony between FRs and DPSPs; balance essential |
Current position: Parliament can restrict FRs to implement DPSPs, but cannot destroy the basic structure of the Constitution.
Fundamental Duties (Article 51A, Part IVA)
Background
- Added by 42nd Amendment (1976) — during Emergency
- Based on recommendations of Swaran Singh Committee
- Inspired by USSR Constitution (Soviet Union)
- 11th duty added by 86th Amendment (2002)
The 11 Fundamental Duties
| # | Duty |
|---|---|
| 1 | Abide by the Constitution and respect national symbols |
| 2 | Cherish and follow the noble ideals of freedom struggle |
| 3 | Uphold and protect sovereignty, unity, and integrity of India |
| 4 | Defend the country and render national service when called upon |
| 5 | Promote harmony and spirit of common brotherhood; renounce practices derogatory to women |
| 6 | Value and preserve the rich heritage of India's composite culture |
| 7 | Protect and improve the natural environment (forests, lakes, rivers, wildlife) |
| 8 | Develop scientific temper, humanism, and spirit of inquiry and reform |
| 9 | Safeguard public property and abjure violence |
| 10 | Strive towards excellence in all spheres of individual and collective activity |
| 11 | Provide education to children between ages 6–14 years (added by 86th Amendment, 2002) |
Key DPSPs vs Fundamental Duties Comparison
| Directive Principles | Fundamental Duties |
|---|---|
| Part IV (Articles 36–51) | Part IVA (Article 51A) |
| Duties of the State | Duties of Citizens |
| Non-justiciable | Non-justiciable |
| Since 1950 (original) | Added in 1976 (42nd Amendment) |
| Guide government policy | Guide citizen behaviour |
| Borrowed from Ireland | Inspired by USSR |
Swaran Singh Committee (1976)
- Set up to recommend inclusion of Fundamental Duties
- Recommended 8 duties — Parliament added 10 (with modifications)
- Key recommendations: Duties to be non-justiciable but enforceable by Parliament
Laws Enforcing Fundamental Duties
| Duty | Related Law |
|---|---|
| Respect national flag and anthem | Prevention of Insults to National Honour Act, 1971 |
| Protect wildlife | Wildlife Protection Act, 1972 |
| Protect environment | Environment Protection Act, 1986 |
| Children's education | Right to Education Act, 2009 |
Important DPSPs Related to Tamil Nadu
- Article 39 (Equal pay for equal work): Tamil Nadu government has used this in equal pay for equal work policies
- Article 40 (Village Panchayats): Tamil Nadu's Panchayati Raj is one of the strongest in India
- Article 46 (Weaker sections): Basis for Tamil Nadu's extensive reservation policies for BC/MBC/SC/ST
- Article 47 (Prohibition): Tamil Nadu had prohibition; TASMAC system is a compromise
Key Facts for TNPSC Group II/IIA
- DPSPs are in Part IV, Articles 36–51 — non-justiciable (not enforceable in court)
- DPSPs borrowed from Irish Constitution
- Article 44: Uniform Civil Code — not yet implemented nationally
- Article 39A: Free legal aid — added by 42nd Amendment (1976)
- Article 48A: Environmental protection — added by 42nd Amendment (1976)
- Fundamental Duties: Article 51A (Part IVA) — 11 duties
- First 10 duties: Added by 42nd Amendment (1976), Swaran Singh Committee
- 11th duty: Added by 86th Amendment (2002) — parents to provide education to children 6–14
- Duties inspired by USSR Constitution
- Fundamental Duties are non-justiciable but Parliament can make laws to enforce them
Previous Year MCQ Patterns
Q: How many Fundamental Duties are there in the Indian Constitution? a) 8 b) 10 c) 11 d) 12
Q: The Directive Principles of State Policy were inspired by the Constitution of: a) USA b) UK c) Ireland d) Canada
Q: Article 44 of the Indian Constitution directs the state to secure: a) Free legal aid for all b) Living wage for workers c) Uniform Civil Code d) Protection of national monuments
Frequently Asked Questions
Directive Principles of State Policy (DPSP) are guidelines to the Central and State governments to be kept in mind while framing laws and policies (Articles 36–51, Part IV). They are non-justiciable — not enforceable by courts. They aim to establish a welfare state and social democracy. Borrowed from the Irish Constitution.