CONSTITUTIONAL LAW - II

UNIT – IV
DIRECTIVE PRINCIPLES AND
FUNDAMENTAL DUTIES

Topic: 4.1
Articles 36-51
DPSP – Introduction and Background, Object,
Scope and Concept
Bedapriya Lahiri
Assistant Professor
DME Law School
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 UNIT IV - OBJECTIVES
• To make students understand the nature
and justifiability of the Directive
Principles of the State Policy and the
Fundamental Duties enshrined under the
Indian Constitution

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 SUGGESTED READINGS
• V.N. Shukla, Constitution of India, Eastern Book
Agency, 2014
• P.M. Bakshi v. The Constitution of India, Universal
Law Publication Co., 2014
• M.P. Jain, Indian Constitutional Law, Lexis Nexis,
2013
• H.M. Seervai, Constitutional Law of India, Universal
Law Publishing Co., Reprint, 2013
• Dr. J.N. Pandey, The Constitutional Law of India,
Central Law Agency, 2011
• Glanville Austin, Indian Constitution-Cornerstone of
the Nations, Oxford University Press, 1999
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 INTRODUCTION AND THE UNDERLYING OBJECT, SCOPE AND
CONTENT OF DPSP

• The Directive Principles of State Policy (DPSP) contained in Part IV of

the Constitution set out the aims and objectives to be taken up by the
States in the governance of the country.
• Articles 36-51 under Part-IV of the Indian Constitution deal with DPSP.
• DPSP are borrowed from the Constitution of Ireland, which had copied it
from the Spanish Constitution.
• The idea of a welfare state can only be achieved if the State endeavour to
implement them with a high sense of moral duty.
• The DPSP lay down certain economic and social policies pursued by
various governments in India; they impose certain obligation on the state
to take positive action in certain directions in order to promote the
welfare of the people and achieve economic democracy.
• The DPSP are the ideals which the Union and State Governments must
keep in mind while they formulate policy or pass a law.
• They lay down certain social, economic and political principles, suitable
to peculiar conditions prevailing in India.
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 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.2
Nature and Justiciability of Directive Principles

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 • The Drafting Committee accepted the recommendation of Sir B.N. Rau,
the Constitutional advisor to the Constituent Assembly who recommended
that the rights of an individual should be divided into two categories-
justiciable and non- justiciable. Hence, Fundamental Rights which are
justiciable in nature are incorporated in Part III of the Constitution and
Directive Principles which possess non- justiciable nature, are
incorporated in Part – IV of the Constitution.
• There were several reasons for the framers of the Constitution to make
Directive Principles non- justiciable and legally non-enforceable –
 Unavailability of sufficient financial resources to implement them.
 The diverse nature of India and the backwardness of the country.
 India was just freed from the clutches of the British rule and would be
crushed under the burden until it was free to decide the time, place and the
mode of fulfilling them.
• Henceforth, the founding fathers of the Constitution believed more in an
awakened public opinion rather than in court as the ultimate sanction for
the fulfillment of these principles.

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 DPSP (Articles 36-51)
Article 36 is the definition part of the Directive Principles of State Policy.
It defines what is a 'State' for Directive Principles to be followed. The
words of the Article suggest that the meaning of the State under Article 36
is the same as the meaning of the State under Part III of the Indian
Constitution.

Article 37 of the Indian Constitution states that the Directive Principles of

State Policy (DPSP) are not enforceable by any court. However, the
principles laid down are fundamental/essential/significant/necessary for
the governance of a country/nation.

DPSP is divided into 3 parts –

1. Social and Economic Charter – 38(1), 39, 39(d)

2. Social Security Charter – 43-A, 41, 42, 43, 45, 47, 46, 39-A,
3. Community welfare charter – 44, 48, 48-A, 49, 50, 51, 40
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 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.3
Social and Economic Charter - Social order based
on justice; principles of policy to be followed by the
state for securing economic justice

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 SOCIAL AND ECONOMIC CHARTER

Article 38 - Social order based on justice

Article 38 of the Indian Constitution directs the State to secure a

social order for the promotion of the welfare of the people. In this
regard, it provides for two provisions as follows:
• The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in
which justice, social, economic and political, shall inform all the
institutions of the national life.
• The State shall, in particular, strive to minimize the inequalities in
income, and endeavour to eliminate inequalities in status, facilities
and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different
vocations/business/work.

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 Article 39 - Principles of Policy to be followed by the State for securing
economic justice
Article 39 specifically requires the State to direct its policy towards securing
the following principles –
(a) Equal right of men and women to adequate means of livelihood
(b) Distribution of ownership and control of the material resources of the
community to the common good. (for the welfare of the public) (govt
collects tax, this is to be spent for common good, public good.)
(c) To ensure that the economic system should not result in concentration of
wealth and means of production to the common detriment.
(d) Equal pay for equal work for both men and women. (Equal Remuneration
Act)
(e) To protect health and strength of workers and tender age of children and to
ensure that they are not forced by economic necessity to enter avocations
unsuited to their age or strength.
(f) That children should be 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
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and material abandonment.
 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.4
Social Security Charter - Participation of workers in
management of industries; right to work, education
and public assistance in certain cases; just and
humane conditions of work; living wages for
workers
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 SOCIAL SECURITY CHARTER

Article 43A - Participation of workers in management of industries –

The State shall 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.
Ex. IDA, several other labour and industrial legislations enacted by the
state from time to time…

Article 41 - Right to work, education and public assistance in certain

cases –
Article 41 of the Indian Constitution directs the state to secure the right
to work, education and public assistance in certain cases such as
unemployment, old age, sickness and disablement. It is one of the
Directive Principles of State Policy based on Socialist principles.
Eg. Right to Education Act, Pension laws, retirement laws, rights of
differently abled recognized.
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 Article 42 - Just and humane conditions of work –
• It directs the state to make laws that ensure just and
humane conditions at work and provide for maternity
benefits.
• This principle, like the others, is non-justiciable. It means
this principle cannot be enforced in a court of law.
• It imposes a duty on the Central as well as the state
governments to apply this principle in making laws
relating to maternity benefits and working conditions in
factories, etc.
• Its aim is to create such working conditions that each and
every employee will be motivated to work efficiently. It
also aims to ensure maternity benefits for female workers
so that they can take a leave from work while in labour,
without worrying about losing their job.
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 • Over the years, the courts have tried to emphasise the importance of
DPSPs by applying them to their judgements.
• In the case of Municipal Corporation of Delhi v. Female Workers on 8
March 2000, female workers who were not regular workers but were
temporary workers claimed that they were entitled to maternity benefits
that are available to regular workers. The Court held that the provisions of
the Maternity Benefit Act, 1961 are in line with Articles 39 and Article 42.
It stated that a female employee cannot be compelled to work while she
is in an advanced pregnancy as it would be harmful to her as well as
her child. It is for this reason that the Act provides 6 weeks of maternity
leave before and after delivery.
• In the case of Anshu Rani v. State of Uttar Pradesh & Ors., on 19 April
2019, the petitioner had asked for maternity leave of 180 days as she was
in labour. But the respondent provided leave for only a period of 90 days.
Subsequently, the petitioner requested again and the respondent didn’t
budge. Also, for both instances, no reasoning was provided by the
respondent. The Allahabad High Court held that the request made for 180
days of maternity leave was valid and directed the state government to
grant maternity leave of 180 days with full payment to all female
employees irrespective of the nature of employment.
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 Laws embodying the principles of Article 42 of the Indian Constitution

Maternity Benefit Act, 1961

• The Maternity Benefit Act is aimed to protect female employees during
their maternity period from losing their jobs. It allows women to take
paid leave when they are in labour. According to Section 2 read with
Section 3(e), it applies to establishments owned by the government,
factories, mines, and plantations. It also applies to establishments
defined under law, as having 10 or more employees during the
preceding 12 months.
• A woman to be eligible for the benefits under this Act should be an
employee in an establishment for a period of at least 80 days in the past
year. After the Amendment to the Act in 2017, the period of maternity
leave has been extended from 12 weeks to 26 weeks. Other such
extensions have also been made.
• The Act was the state’s way of applying the principle given in Article
42 of the Indian Constitution. Now, any eligible female worker can
approach the courts if she is denied maternity benefits by her employer.
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 The Factories Act, 1948

• This Act is aimed to regulate labour in factories in India. It contains provisions

on health, safety, leave, welfare, and working hours of workers. It also
provides for inspecting staff for factories, penalties for violations of
provisions, etc.
• Section 7A of the Act directs the occupier to ensure the safety, welfare, and
health of all workers while at work. It is the duty of the occupier to see that
there are no risks with the handling of machinery and tools in the factory. The
Act also provides that the factory must be kept clean by ensuring that
accumulated dirt is cleaned daily and floors of the workroom are cleaned
every week. There should also be a proper drainage system, a sufficient supply
of drinking water, and conveniently suited urinals. It also states that no worker
shall be made to work more than 48 hours in a week and 9 hours a day. All
these steps would ensure that the workers work in just and humane conditions,
which is provided in Article 42 of the Constitution as a directive to the state.

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 Article 43 - Living wages for workers –

The State shall endeavor to secure, by suitable legislation or economic

organization or in any other way, to all workers, agricultural, industrial
or otherwise, work, a living wage, conditions of work ensuring a
decent standard of life and full enjoyment of leisure and social and
cultural opportunities and, in particular, the State shall endeavor to the
promotion of cottage industries on an individual or co-operative basis
in rural areas.

It states that the State shall try to give the people of India work
(employment) from which they can earn wages, as well as the state
shall also try to give its citizens a basic human life, which includes not
only just taking breaths, but other leisure pursuits as well as social and
cultural upliftment. The purpose of Article 43 is to place the state
under a non-enforceable obligation to work for the people’s interests,
which may include not only economic but also social ones.

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 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.5
Social Security Charter - Free and compulsory
education for children; duty to raise the standard of
living and improvement of health; promotion of
educational and economic interest of weaker
sections; equal justice and free legal aid to
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economically backward classes 18
 Article 45 – Provision for early childhood care and education to children below
the age of 6 years .
Article 45 talks about the provision for free and compulsory education for
children. It states that “The State shall endeavour to provide, within a period of
ten years from the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen years”. This is
one of the Directive Principles of State Policy to promote social and economic
equality in the country.

Article 46 - Promotion of educational and economic interest of weaker sections

Article 46 states that the State shall religiously use its power to promote
educational and economic interests of the weaker sections of the society which
includes the people of the Scheduled Tribes as well as the Scheduled Castes.

In simpler terms, this Article explains that the State is responsible to provide special
attention in the context of educational as well as economic interests of the
weaker sections of the society. The steps taken up by the state shall help the
people of the SC, ST, and OBC communities to seek justice and get rid of the
social injustice and all the other forms of exploitations they have faced in the
past years and which they still do.
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 The entire concept of reservations is based on this Article. The second word for
reservations as people like to call it is ‘preferential treatment’ which has now
become a dispute for many citizens as people from the general category have
now started to feel neglected. The motive behind this concept was to again
secure socio-economic justice for the downtrodden and vulnerable sections of
the society. People from these communities were not only denied access to
resources, religious places but they were denied access to fundamental rights
such as education, sanitation, jobs, etc and that is why the concept of
reservations was introduced by the Constitutent Assembly so that the citizens of
the country can see equality prevail amongst everyone. As a result, the policy of
‘preferential treatment for the weaker sections of the society was adopted.

Article 47 - Duty to raise the standard of living and improvement of health.

Article 47 under the Gandhian principle states that the State shall try its best to
improve public health and prohibit the consumption of intoxicating substances
that are extremely dangerous to the human body.

Article 39-A - Equal justice and free legal aid to economically backward classes
Article 39A imposes an obligation on the State to provide free legal aid to ensure
access to justice for all citizens. (people financially unsound, not aware about
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 Article 39-A - Equal justice and free legal aid to economically backward classes
Article 39A imposes an obligation on the State to provide free legal aid to ensure
access to justice for all citizens. (people financially unsound, not aware about
their legal rights, they cannot afford a legal service of a lawyer, ….)

• It mandates the Indian Government to create an authority for providing legal aid
at the national level and one for each state/ union territory at their respective
levels. The national authority shall be called National Legal Services Authority
(NALSA) and all other authorities shall be called as State Legal Services
Authority (SALSA). National Legal Services Authority shall assist other state
legal services authorities in the establishment of their legal services committees
at the state level.
• These Authorities will be constituted for providing free legal aid to the weaker
sections of society and persons with disabilities. The authority will also provide
free legal aid on behalf of those who are unable to afford the cost themselves.
The authority will be responsible for protecting and enhancing the rights to free
legal aid on behalf of all persons.

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 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.6
Community Welfare Charter - Uniform Civil Code;
Organization of agriculture and animal husbandry;
Protection and improvement of forests and wildlife

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 Article 44 - Uniform Civil Code
Uniform Civil Code denotes “one country one rule”, to be applied to all religious
communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4,
Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor
to secure for the citizens a uniform civil code throughout the territory of
India.”
• A Uniform Civil Code means that all sections of the society irrespective of their
religion shall be treated equally according to a national civil code, which shall be
applicable to all uniformly.
• They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and
succession of the property. It is based on the premise that there is no connection
between religion and law in modern civilization.

• However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be
enforceable by any court”. Nevertheless, they are “fundamental in the governance
of the country”. This indicates that although our constitution itself believes that a
Uniform Civil Code should be implemented in some manner, it does not make this
implementation mandatory.

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 Arguments in favour of the Uniform Civil Code:

• It will Integrate India- India is a country with many religions, customs and
practices. A uniform civil code will help in integrating India more than it has ever
been since independence. It will help in bringing every Indian, despite his caste,
religion or tribe, under one national civil code of conduct.
• Will Help in Reducing Vote Bank Politics- A UCC will also help in reducing
vote bank politics that most political parties indulge in during every election.
• Personal Laws Are a Loophole- By allowing personal laws we have constituted
an alternate judicial system that still operates on thousands of years old values. A
uniform civil code would change that.
• Sign of a modern progressive nation- It is a sign that the nation has moved away
from caste and religious politics. While our economic growth has been significant,
our social growth has lagged behind. A UCC will help society move forward and
take India towards its goal of becoming a truly developed nation.
• It will Give More Rights to Women- Religious personal laws are misogynistic in
nature and by allowing old religious rules to continue to govern the family life we
are condemning all Indian women to subjugation and mistreatment. A uniform civil
code will also help in improving the condition of women in India.

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 • All Indians Should be Treated the Same- All the laws related to marriage, inheritance,
family, land etc. should be equal for all Indians. UCC is the only way to ensure that all Indians
are treated the same.
• It Promotes Real Secularism- A uniform civil code doesn’t mean that it will limit the
freedom of people to follow their religion, it just means that every person will be treated the
same and all citizens of India have to follow the same laws regardless of any religion.
• Change has been the law of nature-A minority of people should not be allowed to pick and
choose the laws they want to be administered under. These personal laws were formulated in a
specific spatiotemporal context and should not stand still in a changed time and context.
• Many provisions of specific personal laws are in violation of human rights.
• Article 25 and Article 26 guarantee the freedom of religion and UCC is not opposed to
secularism.
• The codification and unification of the variegated personal laws will produce a more coherent
legal system. This will reduce the existing confusion and enable easier and more efficient
administration of laws by the judiciary.

Drawback for Uniform Civil Code

• # Who is the government to decide about my religion?
# We are governed by the Constitution of India.
# The Constitution has given me the independence to follow my religion.

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 1. Difficulties due to India’s diversity
The implementation of Uniform Civil Code is a cumbersome task due to wide diversity of our
nation. Cultural differences from state to state and community to community is yet another
hindrance for a unified personal law.

2. Interference of state in personal matters

The constitution provides for the right to freedom of religion of one’s choice. With
codification of uniform rules and its compulsion, the scope of the freedom of religion will be
reduced.

3. The people from different communities are not willing to adopt the secular laws
separated from personal laws. So, it is not fair to impose the traditions of one group upon
other groups. The focus should be on other less contentious issues that the Indian society is
facing.

4. As far as the protection of human rights or social obligations is concerned, the nation
has laid bottom line policies through general laws. For instance, there is general law that
prohibits child marriage and reigns over all personal laws.
[Link] religion will say it has a right to decide various issues as a matter of its personal
law. We don’t agree with this at all. It has to be done through a decree of a court“

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 JUDICIAL ATTEMPT FOR THE NEED OF UCC IN PERSONAL LAW

• The courts in order to bring uniformity to the laws of the Country, have also
expressed the need of having one single code as to personal laws. The apex court
in Shah Bano case (1985)2 said that it is a matter of regret that Article 44 of the
Constitution has remained a dead letter. The apex Court also said that a common
civil code will help the cause of national integration by removing disparate
loyalties to laws which have conflicting ideologies. It was also observed that the
state is charged with the obligation of securing UCC for the Citizens of the
Country.
• Moreover, in the case of Sarla Mudgal Case (1995)3 , which dealt with issue of
bigamy and conflict between the personal laws existing on matters of marriage, the
apex court said and expressed the same meaning to Article 44 of the Indian
Constitution.
• Furthermore, the apex court in the case of Ms. Jordan Diengdeh (1985)4 , opined
and observed for the reformation of law of marriages by having a uniform law
applicable to all people irrespective of religion and caste. Even the High Courts
have observed the need for the UCC as reiterated by the Supreme Court from time
to time. However, till date it remains a debatable topic pending before courts
waiting for an outcome.
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 Article 48 - Organization of agriculture and animal husbandry
The State shall endeavor to protect and improve the environment and to safeguard
the forests and wildlife of the country. The states shall prevent slaughtering of
animals except in recognized and licensed slaughter houses.

Article 48-A - Protection and improvement of forests and wildlife

The State shall endeavor to protect and improve the environment and to safeguard
the forests and wildlife of the country. This Article was added by the 42nd
Amendment, 1976 and places an obligation on the State to protect the environment
and wildlife.
• Example- several environmental legislations
• Environmment protection act
• Wildlife protection act

• Air pollition act

• Water pollution act
• Noise pollition act etc…
• Bio diversity act..

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 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.7
Community Welfare Charter - Protection of
monuments and places and objects of national
importance; separation of judiciary from executive;
promotion of international peace and security;
organization of village panchayats
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 Article 49 - Protection of monuments and places and objects of
national importance
Article 49 of the Constitution of India contains provisions relating to the
State's obligation to protect cultural heritage.
The article states the need to protect monuments, places, and objects that
are of historic or artistic interest.
The state should take steps to protect and preserve monuments and places
of historical importance. These wonders of art play a huge role in the
country’s tourism and economic growth. Preserving these will help the
country to attract more national and international tourism and gain
economic development.
Article 50 - Separation of judiciary from executive
The State shall take steps to separate the judiciary from the executive in
the public services of the State.
It states that no government organ interferes or intervenes with the
functions and core powers of the other organs

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 Article 51 - Promotion of international peace and security
According to Article 51, the State shall make every effort to –
(a) promote international peace and security.
(b) maintain just and honourable relations between nations.
(c) foster respect for international law and treaty obligations in organised
peoples’ dealings with one another, and
(d) encourage the settlement of international disputes through arbitration.

Article 40 - Organization of village panchayats

Article 40 of the Indian Constitution brings up one of the Directive
Principles of State Policy which lays down that the State shall
undertake necessary steps to organise village panchayats. The state
shall furnish the village panchayats with some powers and authority as
may be necessary to enable them to function as units of self-
government. The essential features of Panchayati Raj Institutions must
impart certainty, continuity and strength to them. The respective state
government must handle the system well and organize the governments
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at the village level for the betterment of the society and rural areas. 31
 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.8
Article 51A - Fundamental Duties - Need, Source,
enforcement

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 What are Fundamental Duties?

Fundamental Duties are said to be one of the

fundamental obligations mentioned in the
Constitution of India (Others are Fundamental
Rights and Directive Principles of State ). These
are the moral as well as civic obligations or duties
that citizens should fulfill. In the Indian
Constitution, these were not added originally by
the founding fathers but later it was added by the
42nd Constitutional Amendment Act, 1976.

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 Important Facts Related to Fundamental Duties

Article Article 51A

Part Part IVA

Originally Present No

Added by 42nd Constitutional Amendment Act, 1976

Sourced from Russia

Recommended by Swaran Singh Committee

Total Fundamental 11
Duties
Originally 10

11th added by 86th Constitutional Amendment Act, 2002

Nature Non-justiciable
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 List of Fundamental Duties (11)
The following are the fundamental duties of India defined in the constitution:
a. To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem.
b. To cherish and follow the noble ideals which inspired our national struggle for
freedom.
c. To uphold and protect the sovereignty, unity and integrity of India.
d. To defend the country and render national service when called upon to do so.
e. To promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women.
f. To value and preserve the rich heritage of our composite culture.
g. To protect and improve the natural environment including forests, lakes, rivers,
wildlife and to have compassion for living creatures.
h. To develop the scientific temper, humanism and the spirit of inquiry and reform.
i. To safeguard public property and to abjure violence.
j. 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.
k. To provide opportunities for education to his child or ward between the age of six
12/05/24 and fourteen years (added by the 86th Constitutional Amendment Act, 2002). 35
 Need for Fundamental Duties

• Rights and duties are correlative. The Fundamental Duties, are, therefore,
intended to serve as a constant reminder to every citizen that while constitution
specifically conferred on them certain fundamental rights, it also requires citizens
to observe certain basic norms of democratic conduct and democratic behaviour.
• The introduction to fundamental duties was done to ensure sovereignty,
secularism, unity, and brotherhood among the Indian citizens.
• It’s interesting to note that our Indian government felt the need for fundamental
duties and introduced them to establish harmony among its residents.
.
Source of Fundamental Duties

• The fundamental duties of citizens were added to the constitution by the 42nd
Amendment in 1976, upon the recommendations of the Swaran Singh Committee
that was constituted by the government earlier that year.

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 Features of Fundamental Duties

The essential features of the Fundamental Duties are mentioned below:

The Fundamental Duties are said to be non - justiciable in nature which means
they are not said to be enforced by the courts similar to fundamental rights.

Some Fundamental Rights are given to both citizens as well as foreigners but
fundamental duties are only for Indian citizens.

Even they are not directly enforceable under the Part IVA but still these duties can
be enforced indirectly with the presence of different laws that govern such acts.
For example, Prevention of Insults to National Honour Act, 1971 deals with
prohibition of desecration or any kind of insult to the National symbols.

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 Importance of Fundamental Duties

Fundamental duties are inextricably linked to fundamental rights. The importance

of both is listed below:
• It serves as a constant reminder to citizens that while exercising their
constitutional rights, they must be aware of their duties to their nation and to other
citizens.
• These serve as a warning to the public against anti-social acts that defame the
nation, including flag burning, destroying public property, and disturbing public
order.
• These contribute to the development of a feeling of discipline and patriotism. They
contribute to the achievement of national goals through active citizen engagement
rather than passive viewership
• It helps the Court in determining the law's constitutionality. For example, any law
passed by legislatures would be considered reasonable when brought before a
court for constitutional legitimacy if it is enforcing any Fundamental Duty.
• They can be enforced by law; parliament has the authority to impose any form of
penalty or punishment for any violation of the Fundamental Duties.

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 Conclusion

Therefore, Article 51A of Part IV A of the Indian Constitution deals with the
fundamental duties of Indian citizens which is said to be one of the important
sections of the constitution. The most important point needs to remember is they
are sourced from the Russian Constitution and these were added by an
amendment. These are not directly enforceable as per the constitution.

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 CONSTITUTIONAL LAW - II

UNIT-IV
DIRECTIVE PRINCIPLES AND FUNDAMENTAL
DUTIES

Topic 4.9
Inter-relationship between Fundamental Rights and
Directive Principles

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• Directive principles and fundamental rights cannot be isolated with each other because
there is interrelation between the two. The time and again, judiciary, by its
creativeness, interpreted them so beautifully, that now it become a settle principle.
Following some important cases are listed:

I. In the case titled State of Madras Vs Champakam Dorairajan: The Supreme Court
was held that Directive Principles of State Policy cannot override the provisions
contained in Part III of the Constitution of India but have to conform to and run as
subsidiary to Fundamental Rights.
II. In the case of Golak Nath v. State of Punjab, The SC again dealt with this question.
This time also, The SC had taken very rigid approach. It held that part 3 of our
Constitution, cannot be diluted, diminished or taken away.
III. Re Kerala education bill:
In this case, the Supreme Court observed that though the directive principles cannot
override the fundamental rights, and in determining the scope and ambit of
fundamental rights the court may not entirely ignore the directive principles, but
should adopt the principles of ‘harmonious construction’ so that there is no conflict
between them and should attempt to give effect to both as much as possible by which
harmony can be maintained between them.
IV. In Kesvananda Bharati v. State of Kerala case, the court held in its observation that
“They are supplementary and complementary to each other. DPSP prescribed the goal
to be attained and fundamental rights lay down the means by which the goals is to be
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V. In the Minerva mils case, these 2: fundamental rights and DPSPs are declared as part
of the basic structure of our Constitution.
VI. In the case of Unnikrishnan v. state of A.P, the directive principle contained in
Article 45 has been raised to the status of a fundamental rights. It has been held that
children from the age of 6 to 14 years have fundamental right to free and compulsory
education.
VII. In M.H. Hoskot v. State of Maharashtra, ‘legal aid’ and ‘speedy trial’ become
fundamental rights under Article 21 available to all prisoners.
VIII. In Randhir Singh v. Union of India, ‘equal pay for equal work’ has been held to be
a fundamental right.
IX. Recently, in the case of Charu Khurana V. Union of India of 2015, the Supreme
Court of India again highlighted the importance of their existence (Part III and Part
IV) by observing that “Fundamental Rights and the Directive Principles are the two
wheels of the cart establishing the egalitarian social order.

Conclusion
• The Fundamental Rights and Directive Principles are the two faces of a coin that serve
a single purpose i.e. the interest of the citizen. The judiciary has played a dominant
role in widening the scope of both of them. The present position is that Fundamental
rights enjoy supremacy of the Directive Principles. The Parliament can amend the
fundamental rights for implementing the Directive Principles so long as the
amendment does not damage or destroy the basic structure of the constitution.
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