Directive Principles of State Policy & Fundamental Duties (Part IV & IVA): Classification, the FR-vs-DPSP Cases & Article 51A (UPSC Polity)
What the Directive Principles Are (Part IV, Art 36–37)
🎯 Exam priority: Important. The Directive Principles are a steady Prelims favourite — which Article carries which directive, the Irish source, and the amendments that added new directives; Mains rewards the FR-vs-DPSP balance and the "welfare state" idea. Fundamental Duties are lighter but the Swaran Singh Committee, the 42nd/86th Amendments and Article 51A are reliably tested. Learn the article-to-directive map and the conflict cases.
If the Fundamental Rights tell the State what it cannot do, the Directive Principles of State Policy (DPSP) tell it what it ought to do. Together with the Fundamental Rights they form what Granville Austin called the "Conscience of the Constitution".
What the Directive Principles are
The DPSP are enumerated in Part IV of the Constitution, Articles 36 to 51. The idea was borrowed from the Irish Constitution of 1937 (which itself copied it from Spain). Dr B.R. Ambedkar called them a "novel feature" of the Constitution.
They are directions ("ideals") to the State — Centre, states, all local and other authorities (Article 36 borrows the same definition of "State" as Part III) — to keep in mind while framing laws and policies. They resemble the "Instrument of Instructions" issued to Governors under the Government of India Act, 1935.
They embody the concept of a "welfare state" (not a "police state") and seek to establish social and economic democracy, as distinct from the merely political democracy that the Fundamental Rights secure.
Crucially, they are non-justiciable — Article 37 says they are not enforceable by any court, yet are "fundamental in the governance of the country" and it is the State's duty to apply them in making laws. The sanction behind them is political — public opinion and the ballot box — not judicial.
The Three Classifications — Socialistic, Gandhian, Liberal
The Constitution does not classify the directives, but they are conventionally grouped into three categories by their underlying ideology.
The three classifications
Category | Spirit | Key directives (Articles) |
Socialistic | Democratic-socialist welfare state; social & economic justice | Welfare & reduced inequality (38); adequate livelihood, equal pay, no concentration of wealth (39); free legal aid (39A); right to work, education, public assistance (41); just conditions & maternity relief (42); living wage (43); workers' participation in management (43A); raise nutrition & public health (47) |
Gandhian | Reconstruction programme from the freedom struggle | Organise village panchayats as self-government (40); promote cottage industries (43); co-operative societies (43B); uplift of SCs/STs & weaker sections (46); prohibition of intoxicating drinks (47); ban cow slaughter & improve cattle breeds (48) |
Liberal–Intellectual | Modern liberal ideals | Uniform Civil Code (44); early childhood care & education up to age 6 (45); modern agriculture & animal husbandry (48); protect environment, forests & wildlife (48A); protect monuments (49); separate judiciary from executive (50); promote international peace (51) |
High-frequency Prelims pairs to memorise: Article 40 (village panchayats), Article 44 (Uniform Civil Code), Article 48A (environment — added later), Article 50 (separation of judiciary from executive), Article 51 (international peace).
New Directives by Amendment, Criticism & Implementation
The original list of directives has been expanded four times by amendment — a favourite Prelims "which amendment added which" question.
New directives added by amendment
Amendment | Year | What it added (Article) |
42nd | 1976 | Four new directives: opportunities for healthy development of children (39); free legal aid (39A); workers' participation in management (43A); protect environment, forests & wildlife (48A) |
44th | 1978 | Duty to minimise inequalities in income, status, facilities & opportunities (38) |
86th | 2002 | Recast Article 45 — made elementary education a Fundamental Right (Art 21A); Article 45 now = early childhood care & education below age 6 |
97th | 2011 | Promotion of co-operative societies (43B) |
Criticism — and why they still matter
Criticisms: no legal force (K.T. Shah called them "a cheque on a bank, payable only when the resources of the bank permit"; T.T. Krishnamachari, "a veritable dustbin of sentiments"); illogically arranged with no consistent philosophy (Ivor Jennings, N. Srinivasan); conservative, rooted in 19th-century English thought; and a source of constitutional conflict between Centre–states and President–PM (K. Santhanam).
Utility: they are "fundamental in the governance of the country" (L.M. Singhvi called them the "life-giving provisions"). They are beacon-lights to the courts in judicial review, amplify the Preamble, give stability and continuity of policy across changes of government, are supplementary to the Fundamental Rights by filling the social-economic vacuum, and serve as a test of government performance at the ballot box.
Implementation in practice: Planning Commission (1950) → NITI Aayog (2015); land-reform & zamindari-abolition laws; the Legal Services Authorities Act (1987) and Lok Adalats (Art 39A); labour laws (Minimum Wages, Maternity Benefit, Equal Remuneration); environmental laws (Wildlife Protection 1972, Forest Conservation 1980); and the 73rd Amendment (1992) giving panchayats constitutional status (Art 40).
Fundamental Rights vs Directive Principles — the Cases
Because the Fundamental Rights are justiciable while the directives are only "fundamental in governance", the two have clashed repeatedly. The story is told through five landmark moments — a perennial Mains and Prelims theme.
The Fundamental Rights vs Directive Principles tug-of-war
Champakam Dorairajan (1951): the Supreme Court held that in any conflict the Fundamental Rights prevail, and the directives must run subsidiary to them — but Parliament could amend the FRs. This triggered the 1st Amendment (1951).
Golaknath (1967): the Court reversed course and held Parliament cannot abridge or take away any Fundamental Right, even to implement a directive.
24th & 25th Amendments (1971): Parliament struck back. The 24th affirmed its power to amend any FR; the 25th inserted Article 31C, shielding laws that implement the socialistic directives in Article 39(b) and (c) from challenge under Articles 14, 19 and 31.
Kesavananda Bharati (1973): upheld the first part of Article 31C but struck down its second part (which had barred judicial review), because judicial review is part of the basic structure.
42nd Amendment (1976) → Minerva Mills (1980): the 42nd extended Article 31C's shield to all directives, giving DPSP primacy over FRs. In Minerva Mills the Court struck this extension down, restoring the position that the FRs and DPSP together are the "two wheels of a chariot" and their balance is itself part of the basic structure.
"To give absolute primacy to one over the other is to disturb the harmony of the Constitution." — Supreme Court, Minerva Mills (1980)
Present position: the Fundamental Rights enjoy supremacy over the Directive Principles, but Parliament may amend the FRs to implement a directive so long as it does not damage the basic structure — and laws giving effect to Article 39(b)/(c) still enjoy protection under Article 31C.
Fundamental Duties (Part IVA, Article 51A)
The original Constitution listed rights but no duties. The Fundamental Duties were added in 1976 — a deliberate balance to remind citizens that rights and duties are "correlative and inseparable".
Fundamental Duties (Part IVA, Article 51A)
Source & origin: inspired by the Constitution of the erstwhile USSR (Japan is the only major democracy whose constitution lists citizens' duties). They were added on the recommendation of the Sardar Swaran Singh Committee (1976), felt necessary during the 1975–77 internal Emergency.
How added: the 42nd Amendment Act (1976) inserted a new Part IVA with a single article, Article 51A, listing ten duties. The 86th Amendment (2002) added an eleventh — a parent's/guardian's duty to provide education to a child aged 6 to 14. (The Swaran Singh Committee had suggested only eight, and also recommended penalties and a duty to pay taxes, which were not included.)
The eleven duties, in brief: abide by the Constitution and respect the National Flag & Anthem; cherish the ideals of the freedom struggle; uphold the sovereignty, unity & integrity of India; defend the country and render national service; promote harmony and renounce practices derogatory to the dignity of women; value the composite culture; protect the natural environment and have compassion for living creatures; develop scientific temper, humanism and the spirit of inquiry; safeguard public property and abjure violence; strive towards excellence; and (11th) provide education to one's child aged 6–14.
Features: a mix of moral and civic duties; confined to citizens only (not foreigners); and, like the DPSP, non-justiciable — there is no direct court enforcement, though Parliament may enforce them by suitable law.
Judicial use & the Verma Committee (1999): in the Mohan Kumar Singhania (1991) and Ramlila Maidan (2012) cases the Court used Article 51A to interpret laws, noting "a common thread runs through Parts III, IV and IVA". Existing enforcing laws include the Prevention of Insults to National Honour Act (1971), the Protection of Civil Rights Act (1955) and the Representation of the People Act (1951).
Why this matters for UPSC
Prelims: article-to-directive matching (40 panchayats, 44 UCC, 48A environment, 50 separation of judiciary, 51 peace); "which amendment added which directive/duty" (42nd, 44th, 86th, 97th); Part IV = Art 36–51, Part IVA = Art 51A; the USSR source of duties and the Irish source of DPSP.
Mains: the FR-vs-DPSP balance as a basic-structure feature (Minerva Mills "two wheels of a chariot"); the case for/against making duties enforceable; UCC (Art 44) as a recurring debate.
Further Reading
Standard NCERT-level texts and reference books on modern Indian history (any UPSC reading list).
Test Yourself: Practice Questions & PYQs
Test yourself on Part IV (Directive Principles), the three classifications, the FR-vs-DPSP cases, and Part IVA (Fundamental Duties). Work through all twelve MCQs before revealing the answers.
Practice Questions
Q1. From which country's constitution did India borrow the Directive Principles of State Policy?
(a) erstwhile USSR
(b) United States
(c) United Kingdom
(d) Ireland
Show answer
Answer: (d) — The DPSP (Part IV) were borrowed from the Irish Constitution of 1937, which had copied the idea from Spain. (The Fundamental Duties, by contrast, were inspired by the erstwhile USSR.)
Q2. The Directive Principles are contained in which Part and Articles of the Constitution?
(a) Part III, Articles 12–35
(b) Part XII, Article 300A
(c) Part IV, Articles 36–51
(d) Part IVA, Article 51A
Show answer
Answer: (c) — DPSP = Part IV, Articles 36 to 51. Part III (Art 12–35) is Fundamental Rights; Part IVA (Art 51A) is Fundamental Duties.
Q3. Which Article makes the Directive Principles non-justiciable yet 'fundamental in the governance of the country'?
(a) Article 37
(b) Article 51
(c) Article 36
(d) Article 32
Show answer
Answer: (a) — Article 37 states the directives are not enforceable by any court, but are fundamental in governance and it is the State's duty to apply them in making laws.
Q4. Which one of the following is a Gandhian Directive Principle?
(a) Separation of judiciary from executive (Article 50)
(b) Promotion of international peace (Article 51)
(c) Uniform Civil Code (Article 44)
(d) Organisation of village panchayats (Article 40)
Show answer
Answer: (d) — Article 40 (village panchayats) is Gandhian. Articles 44, 50 and 51 are Liberal–Intellectual directives.
Q5. In the Minerva Mills case (1980), the Supreme Court described the Fundamental Rights and Directive Principles as:
(a) identical and interchangeable
(b) both fully justiciable
(c) subsidiary and superior
(d) two wheels of a chariot, in balance
Show answer
Answer: (d) — Minerva Mills held that the FRs and DPSP together are 'two wheels of a chariot', and their balance is part of the basic structure — neither has absolute primacy.
Q6. The Fundamental Duties were added to the Constitution on the recommendation of which committee?
(a) Swaran Singh Committee
(b) Sarkaria Commission
(c) Verma Committee
(d) Santhanam Committee
Show answer
Answer: (a) — The Sardar Swaran Singh Committee (1976) recommended the inclusion of Fundamental Duties; the 42nd Amendment then added Part IVA. (The Verma Committee of 1999 only studied their implementation.)
Q7. How many Fundamental Duties are there at present, and which amendment added the latest one?
(a) Eleven, the 86th Amendment (2002)
(b) Ten, the 42nd Amendment (1976)
(c) Twelve, the 97th Amendment (2011)
(d) Ten, the 44th Amendment (1978)
Show answer
Answer: (a) — The 42nd Amendment (1976) added ten duties; the 86th Amendment (2002) added an eleventh (a parent's duty to provide education to a child aged 6–14), making eleven.
Q8. The Fundamental Duties in the Indian Constitution were inspired by the Constitution of:
(a) the United States
(b) the erstwhile USSR
(c) Ireland
(d) Japan
Show answer
Answer: (b) — The Fundamental Duties were inspired by the erstwhile USSR. Japan is the only major democracy whose constitution lists citizens' duties, but India's were modelled on the Soviet example.
Q9. Which amendment added the directive to 'protect and improve the environment and safeguard forests and wildlife' (Article 48A)?
(a) 44th Amendment (1978)
(b) 97th Amendment (2011)
(c) 86th Amendment (2002)
(d) 42nd Amendment (1976)
Show answer
Answer: (d) — Article 48A was one of four new directives added by the 42nd Amendment (1976). The 44th added Art 38, the 86th recast Art 45, and the 97th added Art 43B (co-operatives).
Q10. Which case first held that in a conflict between Fundamental Rights and Directive Principles, the Fundamental Rights would prevail?
(a) Kesavananda Bharati (1973)
(b) Minerva Mills (1980)
(c) Golaknath (1967)
(d) Champakam Dorairajan (1951)
Show answer
Answer: (d) — In Champakam Dorairajan (1951) the Court held FRs prevail and the directives run subsidiary to them — though Parliament could amend the FRs, which led to the 1st Amendment.
Q11. Article 31C, which protects laws implementing certain Directive Principles, was inserted by which amendment?
(a) 25th Amendment (1971)
(b) 1st Amendment (1951)
(c) 42nd Amendment (1976)
(d) 24th Amendment (1971)
Show answer
Answer: (a) — The 25th Amendment (1971) inserted Article 31C to shield laws implementing the socialistic directives in Article 39(d) and (c). The 24th affirmed Parliament's power to amend FRs.
Q12. Which of the following is NOT a feature of the Fundamental Duties?
(a) Parliament may enforce them by suitable legislation
(b) They apply only to citizens, not foreigners
(c) They include both moral and civic duties
(d) They are directly enforceable by the courts
Show answer
Answer: (d) — Fundamental Duties are non-justiciable — NOT directly enforceable by the courts. They apply only to citizens, mix moral and civic duties, and may be enforced by Parliamentary law.
UPSC Previous Year Questions (PYQs)
Ten questions UPSC has actually asked on Part IV and Part IVA. The recurring trap is sorting a provision into Part III (Fundamental Rights) versus Part IV (Directive Principles) — check which one each belongs to before you answer.
Q13. Under the Indian Constitution, concentration of wealth violates: (UPSC Prelims 2020)
(a) the Right to Freedom
(b) the Directive Principles of State Policy
(c) the Concept of Welfare
(d) the Right to Equality
Show answer
Answer: (b) — Article 39(a) directs the State to ensure that the operation of the economic system does not result in concentration of wealth and means of production to the common detriment. It is a Directive Principle, not a Fundamental Right — so it is non-justiciable and cannot be enforced in court.
Q14. In India, separation of the judiciary from the executive is enjoined by: (UPSC Prelims 2019)
(a) the Seventh Schedule
(b) the Preamble of the Constitution
(c) conventional practice
(d) a Directive Principle of State Policy
Show answer
Answer: (d) — Article 50 directs the State to separate the judiciary from the executive in the public services. It sits in Part IV, so despite how fundamental the principle sounds, it is a Directive Principle — not a Fundamental Right and not in the Preamble.
Q15. Which of the following is/are included in the Directive Principles of State Policy? 1. Prohibition of traffic in human beings and forced labour 2. Prohibition of consumption, except for medicinal purposes, of intoxicating drinks (UPSC Prelims PYQ)
(a) Neither 1 nor 2
(b) 2 only
(c) Both 1 and 2
(d) 1 only
Show answer
Answer: (b) — Only the second (Article 47) is a Directive Principle. Prohibition of traffic in human beings and forced labour is Article 23 — a FUNDAMENTAL RIGHT under the Right against Exploitation. Sorting a provision into Part III versus Part IV is the single most repeated DPSP trap.
Q16. The Fundamental Duties were added to the Constitution by which amendment, and on whose recommendation? (UPSC PYQ)
(a) 40th Amendment (1976), on the Santhanam Committee's recommendation
(b) 86th Amendment (2002), on the Verma Committee's recommendation
(c) 42nd Amendment (1976), on the Swaran Singh Committee's recommendation
(d) 44th Amendment (1978), on the Sarkaria Commission's recommendation
Show answer
Answer: (c) — The 42nd Amendment (1976) inserted Part IVA (Article 51A) with ten duties, following the Swaran Singh Committee. An eleventh — a parent's duty to provide education to a child aged 6–14 — was added later by the 86th Amendment (2002).
Q17. Which of the following are Fundamental Duties of a citizen under Article 51A? 1. To abide by the Constitution and respect its ideals and institutions 2. To protect and improve the natural environment 3. To defend the country and render national service when called upon (UPSC Prelims PYQ)
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Show answer
Answer: (d) — All three are listed in Article 51A. Note the duties bind CITIZENS only — a foreigner owes none of them — and they are non-justiciable: no court will enforce a Fundamental Duty directly, though Parliament may legislate to give one teeth.
Q18. Consider the following statements: 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for judicial review to safeguard citizens' liberties and to preserve the ideals on which the Constitution is based. Which is/are correct? (UPSC Prelims 2021)
(a) 1 only
(b) Both 1 and 2
(c) 2 only
(d) Neither 1 nor 2
Show answer
Answer: (c) — Statement 1 is false — the Constitution NOWHERE defines the basic structure. It is a judicial doctrine built case by case since Kesavananda Bharati (1973); the courts deliberately never produced a closed list. Statement 2 is correct: Articles 13, 32 and 226 together give judicial review.
Q19. The Directive Principles of State Policy in the Indian Constitution were borrowed from the Constitution of: (UPSC PYQ)
(a) Canada
(b) Australia
(c) Ireland
(d) the United States of America
Show answer
Answer: (c) — Ireland — which had itself drawn the idea from the Spanish Constitution. Distinguish the common borrowings: Fundamental Rights and judicial review from the USA, the parliamentary system and rule of law from Britain, federation with a strong Centre from Canada, and the Concurrent List from Australia.
Q20. Which Article of the Constitution directs the State to secure a Uniform Civil Code for the citizens throughout the territory of India? (UPSC PYQ)
(a) Article 40
(b) Article 48
(c) Article 44
(d) Article 51
Show answer
Answer: (c) — Article 44 — a Directive Principle, hence non-justiciable and not enforceable by any court. For contrast: Article 40 is village panchayats, Article 48 is organisation of agriculture and animal husbandry (including cow slaughter), and Article 51 is promotion of international peace.
Q21. Which of the following provisions of the Constitution of India have a bearing on education? 1. Directive Principles of State Policy 2. Rural and Urban Local Bodies 3. Fifth Schedule 4. Sixth Schedule 5. Seventh Schedule (UPSC Prelims PYQ)
(a) 1 and 2 only
(b) 3, 4 and 5 only
(c) 1, 2, 3, 4 and 5
(d) 1, 2 and 5 only
Show answer
Answer: (c) — All five. DPSPs cover early-childhood care (Article 45) and weaker-section education (Article 46); the 73rd and 74th Amendments put education in the Eleventh and Twelfth Schedules for local bodies; the Fifth and Sixth Schedules cover tribal-area administration including schooling; and Education sits in the Concurrent List of the Seventh Schedule.
Q22. The Directive Principle requiring the State to secure the participation of workers in the management of industries was inserted by which amendment? (UPSC PYQ)
(a) 44th Amendment (1978), as Article 43B
(b) 42nd Amendment (1976), as Article 39A
(c) 42nd Amendment (1976), as Article 43A
(d) 97th Amendment (2011), as Article 43B
Show answer
Answer: (c) — Article 43A came with the 42nd Amendment (1976), which also added Article 39A (equal justice and free legal aid) and Article 48A (environment protection). Article 43B — promotion of co-operative societies — is the later 97th Amendment (2011).
Mains Practice Questions
Use these to frame full-length answers. You don't have to answer one exactly — they show the angles UPSC tests, so let them guide which points you cover.
The Directive Principles of State Policy and the Fundamental Rights are 'two wheels of a chariot'. Discuss in the light of the basic structure doctrine. (UPSC Mains, theme)
Trace the evolution of the conflict between Fundamental Rights and Directive Principles from Champakam Dorairajan to Minerva Mills.
'The Directive Principles are fundamental in the governance of the country.' Examine their utility despite being non-justiciable.
Should the Fundamental Duties be made legally enforceable? Critically examine.
Discuss the constitutional and statutory framework for a Uniform Civil Code (Article 44). (recurring Mains theme)