DPSP & Fundamental Duties — Set 15

Correct Answer: B. They are guidelines for the State in making laws and policies

Article 37 states that the provisions in Part IV (DPSPs) shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. This means the State must be guided by DPSPs when legislating and formulating policies. Courts consider DPSPs when interpreting laws and determining the reasonableness of restrictions on Fundamental Rights. DPSPs represent the directive force of Constitution.

Correct Answer: C. Article 21

The Right to Health has been developed by the Supreme Court as part of Article 21 (Right to Life and Personal Liberty). In Consumer Education Research Centre v. Union of India (1995), the court held that the right to health and medical care is a Fundamental Right of workers under Article 21. While Article 41 (DPSP) and Article 47 (DPSP) contain state directives on health, courts have made the right to health enforceable through Article 21. This has led to significant health policy developments.

Correct Answer: C. They should be harmoniously construed with neither being absolute

The relationship between Fundamental Rights and DPSPs has evolved through case law. The current position (after Minerva Mills, 1980) is that they are complementary to each other and should be harmoniously construed. Parliament can make laws to implement DPSPs, and restrictions on Fundamental Rights made to implement DPSPs are valid if they don't violate basic structure. Courts use DPSPs to give a broader interpretation to Fundamental Rights. Neither is absolutely superior to the other.

Correct Answer: B. Socialist principles

The DPSPs can be classified into three categories: (1) Socialist principles (Articles 38, 39, 39A, 41, 42, 43, 43A, 47) — concerned with social and economic equality; (2) Gandhian principles (Articles 40, 43, 43B, 46, 47, 48) — based on Gandhian ideology; and (3) Liberal-intellectual principles (Articles 44, 45, 48, 48A, 49, 50, 51) — related to progressive and modern goals. Some articles overlap multiple categories. This classification helps understand the ideological basis of DPSPs.

Correct Answer: A. Champakam Dorairajan v. State of Madras (1951)

In State of Madras v. Champakam Dorairajan (1951), the Supreme Court held that DPSPs cannot override Fundamental Rights and that if there is a conflict, the Fundamental Rights shall prevail. This was the first major case on the FR-DPSP relationship. As a result of this judgment, the 1st Constitutional Amendment was passed to add Article 15(4) to allow reservations for socially and educationally backward classes. This case established the hierarchy (FRs > DPSPs) which was later qualified by the Basic Structure doctrine.

Correct Answer: C. 11

The Indian Constitution currently has 11 Fundamental Duties. The original 10 Fundamental Duties were added by the 42nd Constitutional Amendment Act, 1976 (on recommendation of the Swaran Singh Committee) in Article 51A (a) to (j). The 11th Fundamental Duty was added by the 86th Constitutional Amendment Act, 2002 as Article 51A(k) — the duty of parents/guardians to provide educational opportunities to children aged 6-14. This is the current number: 11 Fundamental Duties.

Correct Answer: B. Article 39(b)

Article 39(b) directs the State to ensure that the ownership and control of the material resources of the community are so distributed as best to subserve the common good. This directive supports land reform, nationalization of key industries, and equitable distribution of natural resources. The Supreme Court in Property Owners Association v. State of Maharashtra (2024) revisited Article 39(b) and held that not all private property is 'material resources of the community' — a significant departure from earlier interpretations.

Correct Answer: B. Article 51A(b)

Article 51A(b) states that it shall be the duty of every citizen to cherish and follow the noble ideals which inspired the national struggle for freedom. This includes the ideals of non-violence, truth, Satyagraha, communal harmony, religious tolerance, and Gandhian values. This duty connects citizens to India's independence movement and its guiding principles. It is a moral duty to keep alive the memory and lessons of the independence struggle for future generations.

Correct Answer: B. The absolute liability principle for industrial accidents

Article 48A (DPSP directing the State to protect and improve the environment) was used by the Supreme Court in M.C. Mehta v. Union India (Oleum Gas Leak case, 1986) to establish the Absolute Liability principle — any enterprise engaged in hazardous activity causing harm is absolutely liable to compensate victims, with no exceptions. The court held that Article 48A, read with the Fundamental Duty in Article 51A(g), mandates courts to protect the environment. This is stricter than the English 'Strict Liability' principle.

Correct Answer: C. Article 41

Article 41 directs the State to make effective provision for securing the right to work, the right to education, and the right to public assistance in cases of unemployment, old age, sickness, and disablement, within the limits of the State's economic capacity. Before the 86th Amendment (2002), education was only in Article 41 as a non-justiciable DPSP. The 86th Amendment elevated education (for 6-14 years) to a Fundamental Right under Article 21A, while keeping early childhood education (0-6 years) as a DPSP under Article 45.