Directive Principles and Fundamental Duties

Directive Principles of State Policy (DPSP)

• Part IV, Articles 36–51; idea borrowed from the Irish Constitution.
• Non-justiciable (Article 37) but "fundamental in the governance of the country".

Classification

• Socialist: Art 38 (social order, reduce inequalities), 39 (adequate livelihood, equal pay, prevent concentration of wealth), 39A (free legal aid), 41, 42 (maternity relief), 43 (living wage).
• Gandhian: Art 40 (village panchayats), 43 (cottage industries), 46 (weaker sections), 47 (prohibition of intoxicants), 48 (cow protection).
• Liberal-intellectual: Art 44 (Uniform Civil Code), 45 (early childhood care), 48 (modern agriculture), 48A (environment), 49 (monuments), 50 (separation of judiciary from executive), 51 (international peace).

Fundamental Duties

• Part IVA, Article 51A; added by the 42nd Amendment (1976) on the Swaran Singh Committee's recommendation; idea from the USSR constitution.
• Originally 10; the 11th (parents to provide education to children aged 6–14) added by the 86th Amendment (2002).
• Non-justiciable, apply only to citizens.

Prelims pointers

1. FRs are negative obligations on the State; DPSPs are positive instructions.
2. Minerva Mills (1980): balance between FRs and DPSPs is part of the basic structure.

Analogy

Fundamental Rights are the brakes on the State; Directive Principles are its GPS. Brakes (rights) can be enforced in court if the car goes too far, while the GPS (DPSP) only shows the route to a welfare state — the driver must choose to follow it, and voters judge whether it did.