Duties, directive principles, and property

Learning outcome

You can separate Directive Principles, Fundamental Duties, and the right to property from Fundamental Rights.

Concepts and reasons

Directive Principles of State Policy are in Part IV. Article 37 says the provisions of that Part shall not be enforceable by any court. The same article says they are nevertheless fundamental in the governance of the country, and it is the duty of the State to apply them in making laws. Not enforceable does not mean unimportant. It means a person cannot move a court to enforce them as rights. Fundamental Duties are in Part IVA, Article 51A. That Part was inserted by the 42nd Amendment, and it came into force on 3 January 1977. A duty in Article 51A is not a Fundamental Right. It is not in Part III, and Article 32 does not enforce it. The 44th Amendment, 1978, took property out of the Fundamental Rights. Article 300A now says no person shall be deprived of his property save by authority of law. That is a constitutional protection, and it is not a Fundamental Right.

Worked examples

1. Can a court enforce a Directive Principle as a right? No. Article 37 says Part IV is not enforceable by any court.
2. Where are Fundamental Duties? Article 51A, Part IVA, added by the 42nd Amendment.
3. Is the right to property a Fundamental Right? No. It sits at Article 300A.

Common traps

Calling Directive Principles useless goes past Article 37. They guide law-making. Courts do not enforce them as rights. Fundamental Duties are not Part III and not Part IV. Property was removed from Fundamental Rights. It was not deleted from the Constitution. Article 300A remains.

Practice questions

1. Which article says Directive Principles are not enforceable by any court?
2. Fundamental Duties were inserted by which amendment?
3. After the 44th Amendment, where does the Constitution protect property?

Answers and explanations

1. Article 37.
2. The 42nd Amendment. Article 51A came into force on 3 January 1977.
3. Article 300A. It is not a Fundamental Right.

Analogy

Part III is a right you can take to court. Part IV is a direction to the State when it writes a law. Part IVA is a duty laid on the citizen. Three different shelves.

Quick reference

• Part IV, Article 37: Directive Principles are not enforceable by any court.
• Part IVA, Article 51A: Fundamental Duties, 42nd Amendment, in force 3 January 1977.
• Article 300A: property, not a Fundamental Right, after the 44th Amendment of 1978.
• Article 32 enforces Part III only.