DPSP & Fundamental Duties — Set 13

Correct Answer: C. Article 43A

Article 43A (inserted by the 42nd Amendment, 1976) directs the State to take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments, or other organizations engaged in any industry. This is known as industrial democracy or worker participation in management. This DPSP has been partially implemented through laws requiring worker representation on boards of public sector enterprises.

Correct Answer: B. Article 42

Article 42 directs the State to make provision for securing just and humane conditions of work and for maternity relief. This DPSP is the constitutional basis for the Maternity Benefit Act, 1961 (amended 2017 to extend maternity leave from 12 to 26 weeks for establishments with 10+ employees). The amendment also mandates crèche facilities in establishments with 50+ employees. Article 42 ensures that working women are not penalized for their reproductive role.

Correct Answer: B. Article 48

Article 48 directs the State to organize agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. This DPSP is the constitutional basis for cow protection laws passed by various state governments. The Supreme Court has upheld state laws prohibiting cow slaughter as reasonable restrictions on the fundamental right to carry on any profession.

Correct Answer: B. Duty of every parent/guardian to provide education to children aged 6-14

The 86th Constitutional Amendment Act, 2002 added Article 51A(k) as the 11th Fundamental Duty. It states that a parent or guardian shall provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. This duty complements the right to education under Article 21A. It makes it the legal duty of parents to send their children to school, which is enforceable through the RTE Act, 2009. India originally had 10 Fundamental Duties added by the 42nd Amendment (1976).

Correct Answer: B. Fundamental Duties in the Constitution

The Swaran Singh Committee was appointed by the Congress government in 1976 to make recommendations on Fundamental Duties. Based on its recommendations, the 42nd Constitutional Amendment Act, 1976 inserted Part IV-A with Article 51A containing 10 Fundamental Duties. The committee originally recommended 8 duties with punishments for violation, but the final list had 10 duties without any punitive provisions. The Verma Committee (1999) later examined the operationalization of Fundamental Duties.

Correct Answer: C. Article 47

Article 47 directs the State to regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The State shall endeavour to bring about prohibition of the consumption of intoxicating drinks and drugs that are injurious to health. This DPSP is the constitutional basis for state liquor prohibition laws and public health measures. The National Nutrition Mission (POSHAN Abhiyaan) is partially inspired by this directive.

Correct Answer: D. Ireland

The Directive Principles of State Policy (DPSPs) were borrowed from the Constitution of Ireland. The Irish Constitution of 1937 provided the model for DPSPs, as Ireland was itself influenced by the 1922 Spanish Constitution. India's framers adopted the concept of DPSPs from Ireland (Eire) because of the similarity in socio-economic goals. The DPSPs borrowed from Ireland are contained in Part IV (Articles 36-51) of the Indian Constitution.

Correct Answer: C. Minerva Mills case

In Minerva Mills v. Union of India (1980), the Supreme Court held that there must be a balance between Fundamental Rights and DPSPs. While DPSPs cannot override Fundamental Rights, Parliament can make laws to implement DPSPs and such laws will have protection if they don't violate the basic structure. The court overruled the 42nd Amendment's provision that made DPSP implementation laws immune from Fundamental Rights challenges. This balanced approach is called the 'harmonious construction' principle.

Correct Answer: C. Goa

Goa is the only state in India that has a Uniform Civil Code (UCC). Goa's civil code dates back to the Portuguese Civil Code of 1867 which was retained when Goa was integrated into India in 1961. It applies uniformly to Hindus, Muslims, and Christians in matters of marriage, divorce, succession, and inheritance. The Law Commission of India and the Supreme Court have repeatedly recommended implementing UCC across India as mandated by Article 44 DPSP.

Correct Answer: C. 86th Amendment

The 86th Constitutional Amendment Act, 2002 amended Article 45 (DPSP) to change the directive from 'free and compulsory education for children up to 14 years' to 'early childhood care and education for children below the age of six years'. The free and compulsory education for 6-14 year olds was elevated to a Fundamental Right under Article 21A. This amendment made India compliant with international commitments under the UN Convention on the Rights of the Child and the Jomtien Declaration on Education for All.