Directive Principles — PPSC previous year questions

Article 51 is a Directive Principle of State Policy. It asks the State to promote international peace and security. It also asks for just and honourable relations between nations. It asks for respect for international law and treaty obligations. And it asks for arbitration to settle international disputes. The Preamble speaks of national unity and integrity. The Fundamental Duties (Article 51A) bind citizens. The Ninth Schedule shields listed laws from judicial review.

Prohibition of traffic in human beings and forced labour is Article 23, a Fundamental Right in Part III, not a Directive Principle. Prohibition of intoxicating drinks and of drugs injurious to health, except for medicinal purposes, is Article 47 in Part IV. So only statement II is a Directive Principle.

Goa is the only Indian state that already has a uniform civil code. It is the Portuguese Civil Code of 1867. It stayed in force after Goa's liberation in 1961 and applies to all Goans, whatever their religion. Article 44 of the Constitution asks the State to secure a uniform civil code for all citizens. Goa is the standard example. Maharashtra, Kerala and Puducherry follow the usual religion-based personal laws.

In Minerva Mills v. Union of India (1980) the Supreme Court held that the Constitution rests on the balance between Fundamental Rights (Part III) and Directive Principles (Part IV). Giving absolute primacy to one over the other disturbs the harmony of the Constitution. This harmony is part of the basic structure. The Court struck down Sections 4 and 55 of the 42nd Amendment. Golaknath (1967) denied Parliament the power to amend Fundamental Rights. Kesavananda Bharati (1973) laid down the basic structure doctrine. Shayara Bano (2017) struck down instant triple talaq.

Part IV of the Constitution contains the Directive Principles of State Policy, which Dr B.R. Ambedkar singled out as a 'novel feature' of the Constitution — non-justiciable instructions to the State to build a welfare order, yet fundamental in the governance of the country.

Both provisions deal with the environment. Article 48A is a Directive Principle added by the 42nd Amendment (1976). It directs the State to protect and improve the environment and to safeguard forests and wildlife. Article 51A(g) is a Fundamental Duty from the same amendment. It asks every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife.

Article 37 declares that the Directive Principles of State Policy (Part IV, Articles 36–51) are 'fundamental in the governance of the country'. No court can enforce them. But it is the duty of the State to apply them in making laws. Fundamental Rights are justiciable guarantees. Fundamental Duties (Part IV-A) are obligations of citizens. The Preamble states the ideals of the Constitution.

Article 48-A directs the State to protect and improve the environment and to safeguard the forests and wildlife of the country. It was inserted by the 42nd Constitutional Amendment Act, 1976, which also added the corresponding fundamental duty under Article 51-A(g). Article 47 deals with nutrition, standard of living and public health, Article 48 with organisation of agriculture and animal husbandry, and Article 49 with protection of monuments of national importance.

Article 48A is a Directive Principle added by the 42nd Amendment (1976). It tells the State to protect and improve the environment, and to safeguard forests and wildlife. Equality before law (Article 14) is a Fundamental Right. So is the bar on discrimination on grounds of religion, race, caste, sex or place of birth (Article 15). Untouchability is abolished, not enforced, as a Fundamental Right under Article 17.

The Gandhian Directive Principles come from Gandhi's programme of reconstruction. They are: village panchayats (Art. 40), cottage industries (Art. 43), ban on cow slaughter (Art. 48), care of SCs/STs and weaker sections (Art. 46), and ban on intoxicants (Art. 47). A uniform civil code (Art. 44) belongs to the liberal-intellectual group. So only i, ii and iii are Gandhian.