DPSP & Fundamental Duties — Set 1

Correct Answer: C. Part IV

The Directive Principles of State Policy (DPSP) are contained in Part IV of the Constitution, from Articles 36 to 51. They are guidelines for the State in making laws and policies aimed at establishing social and economic democracy. DPSPs are non-justiciable — they cannot be enforced by courts. They are inspired by the Irish Constitution.

Correct Answer: D. All of the above

The correct answer is All of the above. All three statements accurately describe the difference. Fundamental Rights (Part III, Articles 12-35) are justiciable — they can be enforced in courts. DPSPs (Part IV, Articles 36-51) are non-justiciable guidelines for the State. Dr. B.R. Ambedkar called DPSPs 'novel features' of the Constitution aimed at establishing a welfare state.

Correct Answer: C. A Uniform Civil Code for citizens

Article 44 directs the State to endeavour to secure for the citizens a Uniform Civil Code (UCC) throughout the territory of India. The UCC would replace personal laws based on religious texts with a common set of laws governing personal matters for all citizens. This article remains a contentious policy issue in India.

Correct Answer: B. Equal justice and free legal aid

Article 39A (inserted by 42nd Amendment, 1976) directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity, and to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen due to economic or other disabilities. The National Legal Services Authority (NALSA) was established in 1995 in pursuance of this. The power to amend the Constitution is a special power that cannot be used to destroy its basic structure.

Correct Answer: B. Fundamental to the governance of the country and it shall be the duty of the State to apply them

Article 37 states that the provisions contained in Part IV (DPSPs) shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental to the governance of the country and it shall be the duty of the State to apply these principles in making laws. This establishes the non-justiciable but obligatory character of DPSPs. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Village Panchayats and endow them with necessary powers

Article 40 directs the State to 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. This directive was eventually given constitutional effect through the 73rd Amendment (1992) which added Part IX to the Constitution, providing for Panchayati Raj Institutions. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Fundamental Rights enforcement

Article 12 defines 'State' to determine against whom Fundamental Rights can be enforced. It includes the Government of India, Parliament, state governments, local bodies, and other authorities. The broad definition ensures Fundamental Rights can be enforced against all government entities. This is the gateway article for Part III of the Constitution.

Correct Answer: B. Provide early childhood care and education for children below the age of 6 years

Article 45 was amended by the 86th Amendment (2002). The original Article 45 directed the State to provide free and compulsory education for all children until 14 — this was elevated to a Fundamental Right under Article 21A. The amended Article 45 now directs the State to endeavour to provide early childhood care and education for all children below 6 years.

Correct Answer: C. Article 32

Article 32 guarantees the Right to Constitutional Remedies, which allows citizens to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution.' The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. This right itself is a Fundamental Right and cannot be suspended except during National Emergency.

Correct Answer: A. Reasonable classification

Article 14 guarantees equality before law (negative concept from English law) and equal protection of laws (positive concept from US Constitution). The Supreme Court has held that Article 14 permits reasonable classification but prohibits arbitrary classification. The doctrine of reasonable classification allows different treatment for persons who are not similarly situated. The twin tests are: intelligible differentia and rational nexus with the object.