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Polity · CDS

POC05 — DPSP & Fundamental Duties

⚖ POC05 · Indian Polity – V · Chapter 5 CDS Level ★ High Priority

📌 CDS Focus: DPSP questions focus on (1) classifying a given article into Socialist/Gandhian/Liberal-Intellectual, (2) which DPSP is non-justiciable, (3) DPSP vs FR distinctions, and (4) the Minerva Mills case. Fundamental Duties: the total number (11), which amendment added them, and identifying individual duties from the list are directly tested. Both topics are factual and scoring.

PART A — DIRECTIVE PRINCIPLES OF STATE POLICY (Articles 36–51)

1. DPSP — Overview

What are DPSP? Part IV of the Constitution (Articles 36–51) contains Directives to the State that, while not enforceable in courts (non-justiciable), are fundamental in the governance of the country. Borrowed from the Irish Constitution (1937), which in turn took them from the Spanish Constitution. Dr. Ambedkar said DPSP + Fundamental Rights together = "the conscience of the Constitution." The idea is that DPSP represent socio-economic rights to be achieved progressively.

📌 DPSP vs Fundamental Rights — Key Difference

FRs are justiciable — enforceable in courts; DPSP are non-justiciable
FRs are negative (state shall NOT do); DPSP are positive (state SHALL do)
FRs protect individual rights; DPSP promote community welfare
FRs have legal force; DPSP have moral and political force
Conflict: Since Minerva Mills (1980) — FRs and DPSP are complementary; harmony required

📌 Key Features of DPSP

Non-justiciable — cannot be enforced by courts
Positive obligations — state must strive to achieve
Borrowed from: Ireland (Spanish Constitution)
Aim: socio-economic democracy alongside political democracy
Parliament can restrict FRs to implement DPSP (Art. 31C) — but Basic Structure must be maintained

2. Classification of DPSP — Three Categories

⚖️ SOCIALIST DPSPs

Art. 38 — State to secure social order for welfare of people; reduce inequalities
Art. 39 — Equal pay for equal work; adequate livelihood; avoid concentration of wealth
Art. 39A — Equal justice and free legal aid (added by 42nd Amendment)
Art. 41 — Right to work, education, public assistance in old age/sickness
Art. 42 — Just and humane conditions of work; maternity relief
Art. 43 — Living wage for workers; decent standard of life
Art. 43A — Workers' participation in management (42nd Amendment)
Art. 43B — Promotion of cooperative societies (97th Amendment)
Art. 45 — Early childhood care and education for children below 6 years
Art. 47 — Raise standard of living; improve public health; prohibition of intoxicating drinks

🌿 GANDHIAN DPSPs

Art. 40 — Organise village panchayats; self-government
Art. 43 — Promote cottage industries in rural areas
Art. 46 — Promote educational and economic interests of SC/ST and weaker sections
Art. 47 — Raise nutrition levels; prohibit intoxicating drinks and drugs
Art. 48 — Organise agriculture and animal husbandry; prohibit cow slaughter

📚 LIBERAL-INTELLECTUAL DPSPs

Art. 44 — Uniform Civil Code throughout India
Art. 45 — Free and compulsory education for children (now partly implemented via Art. 21A)
Art. 48 — Modern and scientific agriculture; animal husbandry
Art. 48A — Protect and improve environment; safeguard forests and wildlife (42nd Amendment)
Art. 49 — Protect monuments, places and objects of national importance
Art. 50 — Separate judiciary from executive
Art. 51 — Promote international peace; respect international law; settle disputes peacefully

⚠ DPSP Traps: (1) Uniform Civil Code = Art. 44 = Liberal-Intellectual DPSP (NOT Gandhian). (2) Cow slaughter prohibition = Art. 48 = Gandhian. (3) Equal pay for equal work = Art. 39 = Socialist (NOT a FR). (4) Art. 39A (free legal aid) = Socialist — added by 42nd Amendment. (5) Art. 48A (environment) = Liberal — added by 42nd Amendment. (6) Panchayats = Art. 40 = Gandhian (NOT Liberal). (7) Art. 51 (international peace) = Liberal-Intellectual.

2.1 Key DPSP Articles — Quick Reference PYQ Direct

Article	DPSP	Category
39	Equal pay for equal work; adequate means of livelihood; prevent concentration of wealth	Socialist
39A	Equal justice and free legal aid — 42nd Amendment	Socialist
40	Organise Village Panchayats; self-government	Gandhian
43	Living wage for workers; promote cottage industries	Socialist + Gandhian
44	Uniform Civil Code	Liberal-Intellectual
47	Improve nutrition + health; prohibition of liquor	Gandhian + Socialist
48	Modern agriculture; prohibit cow slaughter	Gandhian
48A	Protect environment and wildlife — 42nd Amendment	Liberal-Intellectual
50	Separate judiciary from executive in public services	Liberal-Intellectual
51	Promote international peace and security	Liberal-Intellectual

2.2 Important Cases — DPSP vs FR PYQ

Case	Year	Ruling
State of Madras v. Champakam Dorairajan	1951	FR prevails over DPSP in case of conflict — led to 1st Constitutional Amendment adding Art. 15(4)
Kesavananda Bharati v. Kerala	1973	FRs and DPSP are complementary; both are essential; must be harmonised
Minerva Mills v. Union of India	1980	FRs and DPSP have equal importance; neither has absolute primacy; harmony is the rule. Struck down Art. 31C (which gave DPSP primacy over FRs). Balance between FRs and DPSP is Basic Structure.
Unni Krishnan v. AP	1993	DPSP (right to education in Art. 45) read into Art. 21 — became FR before 86th Amendment

PART B — FUNDAMENTAL DUTIES (Article 51A, Part IVA)

3. Fundamental Duties

Origin: Added by the 42nd Constitutional Amendment (1976) based on the recommendation of the Swaran Singh Committee. Borrowed from the Constitution of the USSR. Originally 10 duties in 1976. The 11th duty was added by the 86th Constitutional Amendment (2002) — duty of parents/guardians to provide educational opportunities for children aged 6–14.

Key Features: Non-justiciable (cannot be enforced in court). Apply only to citizens (not foreigners). Located in Article 51A under Part IVA. However, courts have used them as aids in interpreting constitutional provisions.

51A(a)

Abide by the Constitution and respect its ideals and institutions, the National Flag and National Anthem

51A(b)

Cherish and follow the noble ideals which inspired our national struggle for freedom

51A(c)

Uphold and protect the sovereignty, unity and integrity of India

51A(d)

Defend the country and render national service when called upon to do so

51A(e)

Promote harmony and the spirit of common brotherhood among all people; renounce practices derogatory to women

51A(f)

Value and preserve the rich heritage of our composite culture

51A(g)

Protect and improve the natural environment including forests, lakes, rivers and wildlife; have compassion for living creatures

51A(h)

Develop the scientific temper, humanism and spirit of inquiry and reform

51A(i)

Safeguard public property and abjure violence

51A(j)

Strive towards excellence in all spheres of individual and collective activity

51A(k)

★ Added by 86th Amendment 2002: Parent or guardian to provide opportunities for education to children between ages 6 and 14

💡 Mnemonic — 11 Fundamental Duties: Constitution & Flag · Freedom struggle ideals · Sovereignty · Defence · Harmony · Culture · Environment · Scientific temper · Public property · Excellence · Education of children = Remember "CFS DH CE SP EE" or "Citizens Fulfil Several Duties Helping Countries Excel, Safeguard Property, Ensure Education."

⚡ POC05 Memory Chart — Fast Revision

⚖️ DPSP vs FR

DPSP — non-justiciable (not enforceable)
FR — justiciable (enforceable in court)
DPSP — positive duty (state shall)
FR — negative right (state shall not)
Source: Ireland → Spain → India

🔵 Socialist DPSPs

Art. 39 — Equal pay; no concentration of wealth
Art. 39A — Free legal aid (42nd Amend.)
Art. 41 — Right to work/education
Art. 42 — Maternity relief
Art. 43 — Living wage for workers

🟢 Gandhian DPSPs

Art. 40 — Panchayati Raj
Art. 43 — Cottage industries
Art. 46 — SC/ST welfare
Art. 47 — Prohibition of liquor
Art. 48 — Cow slaughter ban

🟡 Liberal DPSPs

Art. 44 — Uniform Civil Code
Art. 48A — Environment (42nd Amend.)
Art. 50 — Separate judiciary
Art. 51 — International peace
Art. 49 — Protect monuments

⚡ Fundamental Duties

Added: 42nd Amendment (1976)
On Swaran Singh Committee recommendation
Source: USSR Constitution
11th duty: 86th Amendment (2002)
Non-justiciable; citizens only

⚖️ Key Cases

Champakam 1951 — FR wins over DPSP
Kesavananda 1973 — FRs + DPSP complementary
Minerva Mills 1980 — balance required; harmony
Art. 31C — DPSP cannot override Basic Structure

📄 Topic-Wise PYQs & Tricky Questions

Q1. The Directive Principles of State Policy have been borrowed from which country's constitution? CDS PYQ

(a) USA(b) Canada(c) Ireland(d) Australia

✔ Answer: (c) Ireland

DPSP were borrowed from the Irish Constitution of 1937, which was itself inspired by the Spanish Constitution. The concept was introduced to provide socio-economic goals for the state to achieve progressively. Unlike the USA (which influenced Fundamental Rights), Ireland provided the DPSP model. This is among the most frequently asked "source" questions in CDS Polity.

Q2. Article 44 of the Constitution directs the state to secure: CDS PYQ

(a) Equal pay for equal work(b) A Uniform Civil Code(c) Free legal aid(d) Prohibition of cow slaughter

✔ Answer: (b) A Uniform Civil Code

Article 44 (Liberal-Intellectual DPSP) directs the state to secure a Uniform Civil Code throughout India — a single set of laws governing personal matters (marriage, divorce, inheritance) for all citizens regardless of religion. This remains one of India's most debated DPSPs. Art. 39 covers equal pay, Art. 39A covers free legal aid, and Art. 48 covers animal husbandry (including cow slaughter).

Q3. The Fundamental Duties were added to the Indian Constitution by: CDS PYQ

(a) 44th Amendment 1978(b) 42nd Amendment 1976(c) 52nd Amendment 1985(d) 86th Amendment 2002

✔ Answer: (b) 42nd Amendment 1976

Fundamental Duties (Article 51A, Part IVA) were added by the 42nd Constitutional Amendment 1976, based on the Swaran Singh Committee recommendation. Originally 10 duties were added. The 11th duty — ensuring educational opportunities for children aged 6–14 — was added by the 86th Amendment 2002. Fundamental Duties were borrowed from the USSR Constitution.

Q4. In which landmark case did the Supreme Court hold that FRs and DPSP are complementary and must be harmonised? CDS PYQ

(a) Golak Nath case (1967)(b) Champakam case (1951)(c) Minerva Mills case (1980)(d) Maneka Gandhi case (1978)

✔ Answer: (c) Minerva Mills case (1980)

The Minerva Mills case (1980) held that FRs and DPSP are of equal importance and must be balanced — neither has absolute primacy. The Court struck down Article 31C (which tried to give DPSP absolute primacy over FRs) as unconstitutional. The balance between FRs and DPSP was declared part of the Basic Structure. The Champakam case (1951) had earlier held that FR prevails over DPSP in conflict.

Q5. Which Article directs the State to organise Village Panchayats as units of self-government? Tricky

(a) Article 39(b) Article 40(c) Article 43(d) Article 44

✔ Answer: (b) Article 40

Article 40 (Gandhian DPSP) directs the state to organise Village Panchayats and endow them with necessary powers and authority to function as units of self-government. This DPSP was the foundation for the 73rd Constitutional Amendment (1992) which gave constitutional status to Panchayati Raj institutions. Art. 39 = equal pay; Art. 43 = living wage + cottage industries; Art. 44 = Uniform Civil Code.

Q6. How many Fundamental Duties are currently in the Indian Constitution? CDS PYQ

(a) 10(b) 11(c) 12(d) 14

✔ Answer: (b) 11

Currently there are 11 Fundamental Duties under Article 51A. The original 10 duties were added by the 42nd Amendment (1976). The 11th duty — for parents/guardians to provide educational opportunities to children aged 6–14 — was added by the 86th Amendment (2002). Students sometimes say 10 (forgetting the 86th Amendment addition). The correct answer is always 11 after 2002.

Q7. Which of the following is a Gandhian DPSP? Tricky

(a) Uniform Civil Code (Art. 44)(b) Separate judiciary (Art. 50)(c) Prohibition of cow slaughter (Art. 48)(d) International peace (Art. 51)

✔ Answer: (c) Prohibition of cow slaughter (Art. 48)

Art. 48 (organise agriculture and animal husbandry; prohibition of cow slaughter) is a Gandhian DPSP. Art. 44 (Uniform Civil Code), Art. 50 (separate judiciary), and Art. 51 (international peace) are Liberal-Intellectual DPSPs. Gandhi was a strong advocate for cow protection and rural life — hence these provisions are classified as Gandhian.

Q8. Fundamental Duties are non-justiciable. What does this mean? Tricky

(a) They are not part of the Constitution(b) They cannot be enforced through courts(c) Only foreigners are exempt from them(d) They can override Fundamental Rights

✔ Answer: (b) They cannot be enforced through courts

Non-justiciable means that if a citizen fails to perform their Fundamental Duty, they cannot be taken to court solely for that failure. There is no legal remedy available. Unlike Fundamental Rights (which are justiciable and courts can enforce), Fundamental Duties depend on the citizen's moral and civic conscience. However, Parliament can pass laws making certain duties legally enforceable (like the Prevention of Insults to National Honour Act).

📋 Quick Reference — POC05

🔵 Socialist DPSPs

Art. 39 — Equal pay for equal work
Art. 39A — Free legal aid (42nd)
Art. 41 — Right to work
Art. 43 — Living wage
Art. 43A — Workers in management (42nd)

🟢 Gandhian DPSPs

Art. 40 — Panchayats
Art. 43 — Cottage industries
Art. 46 — SC/ST welfare
Art. 47 — Prohibition
Art. 48 — Cow slaughter ban

🟡 Liberal DPSPs

Art. 44 — Uniform Civil Code
Art. 48A — Environment (42nd)
Art. 50 — Judiciary separate
Art. 51 — International peace
Art. 49 — Protect monuments

⚡ Fundamental Duties

42nd Amendment 1976 — 10 duties
86th Amendment 2002 — 11th duty
Swaran Singh Committee recommended
Borrowed from USSR
Non-justiciable; citizens only

⚖️ Key Cases

Champakam 1951 — FR > DPSP
Kesavananda 1973 — complementary
Minerva Mills 1980 — balance essential
Art. 31C limited — Basic Structure

🔑 DPSP vs FR

DPSP — non-justiciable; positive
FR — justiciable; negative (prohibitive)
Both aim for justice and dignity
Both are fundamental; harmony required
DPSP source: Ireland; FR source: USA

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