DPSP & Fundamental Duties — Set 12

Correct Answer: B. Article 39A

Article 39A (inserted by the 42nd Amendment, 1976) directs the State to ensure that the operation of the legal system promotes justice on the basis of equal opportunity, and shall, in particular, provide free legal aid 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 gives effect to this directive. NALSA (National Legal Services Authority) provides free legal aid to the poor.

Correct Answer: B. Village Panchayats

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 DPSP was the basis for the Panchayati Raj movement in India. The 73rd Constitutional Amendment Act, 1992 finally gave constitutional status to Panchayati Raj institutions. Mahatma Gandhi strongly advocated for Gram Swaraj (village self-rule) which is reflected in Article 40.

Correct Answer: A. Articles 39A, 43A, and 48A

The correct answer is Articles 39A, 43A, and 48A. The 42nd Constitutional Amendment Act, 1976 inserted three new Directive Principles: Article 39A (free legal aid and equal justice), Article 43A (participation of workers in management of industries), and Article 48A (protection and improvement of environment and safeguarding of forests and wildlife). These additions reflected the socialist ideology of the amendment and India's commitments under international human rights instruments. Article 48A has been the basis for much environmental legislation.

Correct Answer: C. Article 43

Article 43 directs the State to endeavour to secure, by suitable legislation or economic organization or any other way, to all workers (agricultural, industrial, or otherwise) work, a living wage, conditions of work ensuring a decent standard of life, full enjoyment of leisure and social and cultural opportunities. This goes beyond minimum wages to a 'living wage' — sufficient for dignified human existence. It is the basis for labor welfare laws and the National Floor Level Minimum Wage.

Correct Answer: B. Article 43

Article 43 directs the State to endeavour to promote cottage industries on an individual or cooperative basis in rural areas. This is one of the Gandhian principles of the Constitution, reflecting Mahatma Gandhi's emphasis on self-sufficient village economies and Khadi/cottage industries. The Khadi and Village Industries Commission (KVIC) was established to give effect to this directive. Cottage industries provide supplementary income to rural households and reduce dependence on agriculture.

Correct Answer: B. Article 49

Article 49 directs the State to protect every monument or place or object of artistic or historic interest declared by Parliament by law to be of national importance, from spoliation, disfigurement, destruction, removal, disposal, or export. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (and Amendment 2010) gives effect to this directive. The Archaeological Survey of India (ASI) is responsible for protecting more than 3,650 centrally protected monuments under this law.

Correct Answer: B. They cannot be enforced by courts

DPSPs are non-justiciable means that a person cannot go to court and demand their enforcement directly. Article 37 explicitly states that the provisions contained in Part IV (DPSPs) shall not be enforceable by any court. However, they are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Courts do consider DPSPs while interpreting the Constitution and legislation, and they can be used to validate state actions that restrict Fundamental Rights.

Correct Answer: C. Article 46

Article 46 directs the State to promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. This DPSP is the constitutional mandate for SC/ST welfare programs, reservations, and protective legislation like the SC/ST Atrocities Act. Along with Article 15(4) and 16(4), it forms the constitutional framework for affirmative action.

Correct Answer: A. 51A(j)

Article 51A(j) is the duty to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. This duty encourages citizens to continuously improve and excel in their chosen fields. While it cannot be legally enforced, courts have used this duty to uphold laws promoting excellence in education and professional standards. This reflects the aspirational nature of Fundamental Duties.

Correct Answer: D. Article 51A(h)

Article 51A(h) mandates citizens to develop scientific temper, humanism, and the spirit of inquiry and reform. This duty counters superstition, blind faith, and obscurantism. It promotes rational thinking and evidence-based decision-making. This duty was inspired by the Nehruvian vision of a scientific and modern India. While non-justiciable, it has been used by courts to uphold laws against superstitious practices and to support scientific education.