P4/36-51 Directive Principles Of State Policy

Question 1

In which part and articles of the constitution you’ll find Directive Principles of State Policy?

Answer 1

Part 3/Art 36 to 51

Question 2

DPSP are borrowed from which country’s constitution?

Answer 2

Irish which copied it from Spanish Constitution.

Question 3

Who described DPSP and FRs as the ‘Conscience of Constitution’?

Answer 3

Granville Austin.

Question 4

What’re the features of DPSP?

Answer 4

1. Ideals to be followed for formulation of policy and laws
2. Resembles ‘Instrument of Instructions’ in Govt of India Act 1935
3. Embody concept of ‘Welfare State’
4. Non-justiciable
5. Help courts in examining and determining the constitutional validity of law

Question 5

Article 36

Answer 5

Definition of “the State’’ : includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Question 6

Article 37

Answer 6

Application of DPSP:

DPSP are NON-JUSTICIABLE but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the DUTY of the STATE to APPLY these PRINCIPLES in making laws.

Question 7

Article 38

Answer 7

1. Welfare State: State to secure social order for the welfare of the people
2. Minimise inequalities

Question 8

Article 39 (New, 42nd CAA 1976)

Answer 8

The State shall, in particular, direct its policy towards securing—

(a) ADEQUATE means of LIVELIHOOD
(b) EQUITABLE DISTRIBUTION of the material RESOURCES of the community for the COMMON GOOD;
(c) PREVENTION of CONCENTRATION of WEALTH and MEANS of PRODUCTION to the common detriment;
(d) EQUAL PAY for EQUAL WORK for both men and women;
(e) Preservation of health and strength of workers and children against exploitation and abuse;
(f) Opportunities for the healthy development of children

Question 9

Article 40*

Answer 9

Organise village Panchayats to function as units of self-government:

The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.

Question 10

Which article talks about: Right to work, education, and public assistance in certain cases?

Answer 10

Article 41

The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Question 11

Which article provides for the just and humane conditions for work and maternity relief?

Answer 11

Article 42

Question 12

Article 43 and 43A

Answer 12

43:
The secure, a LIVING WAGE to all workers, decent standard of life, social and cultural opportunities and to promote COTTAGE INDUSTRIES on an individual or co-operative basis in rural areas.

43A:
Steps to secure the participation of workers in the MANAGEMENT OF INDUSTRIES

Question 13

What’s the difference between: minimum wage, living wage, and fair wage?

Answer 13

Minimum wage includes food, shelter, and clothing

Living wage includes minimum wage + education, health, insurance etc

Fair wage is a mean between minimum and living wage

Question 14

Which article in DPSP talks about securing for the citizens a UNIFORM CIVIL CODE throughout the territory of India?

Answer 14

Article 44**

Question 15

Which Article in DPSP talks about early childhood care and education for all children until the age of 6 yrs*? (Was changed by the 86thCAA2002)

Answer 15

Article 45

Question 16

Article 46

Answer 16

Promotion of educational and economic interests of SCs, STs, and weaker section of the society and protect them from social injustices and exploitation.

Question 17

Article 47

Answer 17

Improve level of nutrition, standard of living, and public health; Prohibition of the consumption (except for medicinal purposes) of intoxicating drinks and of drugs which are injurious to health.

Question 18

Organise agriculture and animal husbandry on modern and scientific lines, preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.

Answer 18

Article 48

Question 19

Article 39A

Answer 19

To promote EQUAL JUSTIC and to provide FREE LEGAL AID to the POOR

Question 20

Article 48A

Answer 20

Protection and improvement of environment and safeguard forests and wildlife

Question 21

Which article talks about protecting monuments, places, and objects of national importance?

Answer 21

Article 49

Question 22

Article 50

Answer 22

To separate the judiciary and executive in the public services of the state

Question 23

Which article talks about promoting international peace, security, and amity; along with respect for international law and treaty organisations, and to encourage settlement of international disputes by arbitration?

Answer 23

Article 51

Question 24

What’re the criticisms of DPSP?

Answer 24

Non justiciable/ No legal force
Constitutional conflict
Conservative?
Illogically arranged

Question 25

Distinction between FRs and DPSP:

Answer 25

FRs:
• Negative (certain prohibitions on state)
• Justiciable
• Political democracy
• Legal sanction
• Welfare of individual
• Self-executory/automatically enforced/doesn’t require legislation
• Courts are bound to declare a law unconstitutional/invalid if it violates FRs

DPSP
• Positive (guide states to do certain things)
• Non justiciable 
• Socioeconomic democracy 
• Has no legal sanction 
• Welfare of community/state
• Need legislation (for implementation)
• Courts are NOT bound to declare any law unconstitutional/invalid if found violative of any DPSP