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Maharashtra HSC Political Science study materials
Maharashtra HSC Political Science study resources

Maharashtra HSC Political Science: Fundamental Duties and Directive Principles

Maharashtra HSC Political Science · Work through your exam, one topic at a time.

All guide sections

Fundamental Duties and Directive Principles

What this domain tests

Part IV (Articles 36-51) and Part IVA (Article 51A) are tested on classification, the constitutional status of Directive Principles, the relationship with Fundamental Rights, and the eleven Fundamental Duties.

Core rules

  • Directive Principles are 'fundamental in the governance of the country' (Article 37) but are not enforceable in any court. They aim at a welfare state and socio-economic justice.
  • Classification: socialist directives (Articles 38, 39, 39A, 41-43A), Gandhian directives (40, 43, 43B, 46, 47, 48), and liberal-intellectual directives (44, 45, 48A, 49, 50, 51).
  • Article 39A: free legal aid; Article 40: village panchayats; Article 44: uniform civil code; Article 45: early childhood care and education (amended by the 86th Amendment to cover children below six years); Article 48A: environment; Article 50: separation of the judiciary from the executive.
  • Fundamental Duties were added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee; the eleventh duty was added by the 86th Amendment (2002). Duties apply to citizens and are non-justiciable.
  • Courts use Directive Principles to interpret Fundamental Rights, but where the two clash, Fundamental Rights prevail unless a law is protected by Articles 31A-31C.

Worked example

Parliament enacts a law limiting the right to property (now Article 300A) to implement land reform. Is it valid? Reasoning: land reform falls under Article 39(b)-(c). Because Article 31A protects such laws from challenge under Articles 14 and 19, the law is likely to be upheld; a court will still check that it is not a colourable exercise. The answer must note that the right to property ceased to be a Fundamental Right by the 44th Amendment (1978).

Traps

  • Saying Directive Principles are justiciable or override Fundamental Rights.
  • Attributing the eleven duties to the original Constitution.
  • Quoting Article 45 as it stood before 2002.
  • Forgetting that Article 51 directs the state to promote international peace.