DPSP & Fundamental Duties — Set 11

Correct Answer: B. Directive Principles of State Policy

The Right to work (Article 41) and Equal Justice/Free Legal Aid (Article 39A) are Directive Principles of State Policy, not Fundamental Rights. They direct the State to aspire towards providing work and justice but are not enforceable in courts as individual rights. The 86th Amendment elevated free and compulsory education to a Fundamental Right (Article 21A).

Correct Answer: B. K.T. Shah (in Constituent Assembly debates)

K.T. Shah, a member of the Constituent Assembly, criticised the Directive Principles by calling them a 'cheque on a bank to be paid when the bank has funds' — implying they were empty promises that might never be kept. Dr. B.R. Ambedkar defended them saying they would be implemented as the nation's resources grew. This debate reflects the tension between aspirational goals and practical constraints.

Correct Answer: C. Fundamental to the governance of the country

Article 37 states that the Directive Principles are 'fundamental to the governance of the country' even though they are non-justiciable. They represent the socio-economic goals of the Constitution. The Supreme Court has repeatedly held that the State should try to implement DPSPs while respecting Fundamental Rights, and both are essential to India's constitutional vision.

Correct Answer: C. Article 41

MGNREGA (2005) implements Article 41, which directs the State to make effective provision for securing the right to work in cases of unemployment. MGNREGA guarantees 100 days of wage employment per year to rural households. It represents a significant legislative step toward making the DPSP on the right to work a reality for millions of rural poor.

Correct Answer: C. Panchsheel (Five Principles of Peaceful Coexistence)

Article 51 (promoting international peace and security) was operationalised as Panchsheel — the Five Principles of Peaceful Coexistence articulated in the 1954 agreement between India and China (later adopted more broadly). Panchsheel includes: mutual respect for sovereignty and territorial integrity, mutual non-aggression, mutual non-interference, equality and cooperation, and peaceful coexistence. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Opportunities and facilities to develop in a healthy manner and protect children from exploitation

Article 39(f) directs the State to ensure 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. This DPSP supports child protection laws and the Juvenile Justice system. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. No, Article 36 says the same definition as in Article 12 applies

Article 36 states that in Part IV (DPSPs), 'State' has the same meaning as in Part III (Fundamental Rights). This means the definition of 'State' in Article 12 applies to both Fundamental Rights (Part III) and DPSPs (Part IV). The DPSPs are not enforceable by courts against the State, but they are fundamental in governance and the State is duty-bound to apply these principles in making laws. Courts use DPSPs to interpret legislation and uphold state actions promoting them.

Correct Answer: D. Article 51

Article 51 directs the State to endeavour to promote international peace and security, maintain just and honourable relations between nations, foster respect for international law and treaty obligations, and encourage settlement of international disputes by arbitration. This is a Gandhian/liberal principle reflecting India's commitment to peaceful coexistence. India's foreign policy principles like Panchsheel (Five Principles of Peaceful Coexistence) and support for the UN are rooted in Article 51.

Correct Answer: C. Article 50

Article 50 directs the State to take steps to separate the judiciary from the executive in the public services of the State. This DPSP was enacted to ensure independence of the judiciary at the subordinate level (the High Courts and Supreme Court are already independent). The Code of Criminal Procedure (CrPC) 1973 separated the judicial and executive functions at the district level. Magistrates now exercise only executive powers (not judicial powers) in many states following this directive.

Correct Answer: D. Article 39(d)

Article 39(d) directs the State to ensure that there is equal pay for equal work for both men and women. This principle has been given legal teeth through the Equal Remuneration Act, 1976. The Supreme Court has held that Article 39(d), though a DPSP, must be considered while interpreting service law. Equal pay for equal work has been applied to contract workers, part-time employees, and temporary employees doing the same work as regular employees.