Question

Which among the following constitutional amendments added a new Directive Principle/Principles?

1. 42nd
2. 44th
3. 97th

Select the correct answer using the code given below.

1. 1, 2 and 3
2. 2 and 3 only
3. 1 and 3 only
4. 1 and 2 only

Answer 1

Correct Answer - Option 1 : 1, 2 and 3

The correct answer is 1, 2 and 3.

• The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:
  • To secure opportunities for healthy development of children (Article 39).
  • To promote equal justice and to provide free legal aid to the poor (Article 39 A).
  • To take steps to secure the participation of workers in the management of industries (Article 43 A).
  • To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
• The 44th Amendment Act of 1978 added one Directive Principle, which requires the State to minimise inequalities in income, status, facilities and opportunities (Article 38).
• The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21 A.
  • The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
• The 97th Amendment Act of 2011 added a new Directive Principle relating to co-operative societies.
  • It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).

• Hence, statements 1, 2 and 3 are correct.

• India borrowed the DPSP from the Irish Constitution of 1937 which itself had borrowed it from the Spanish Constitution.
• Further, the Government of India Act had some “instruments of Instructions” which became the immediate source of DPSP.
• The fundamental rights and the directive principles find the common origin in the Sapru Report of 1945, which had divided the fundamental rights into two parts viz. Justifiable and non-justifiable rights.
• While justifiable rights were incorporated in Part III; non-justifiable rights were incorporated as directive principles to the state without any guarantee to be enforced via court.
• Thus, the directive principles are guidelines by the constitution to the state as defined in article 12 (central, state, local government, and bodies).
• Basic idea is that the “state” should keep these principles while framing laws, policies, ordinances, etc.