Previous Year Question
According to the Constitution of India, which of the following are fundamental for the governance of the country?
Fundamental Rights
Fundamental Duties
Directive Principles of State Policy
Fundamental Rights and Fundamental Duties
Correct Answer: C
Detailed Solution
Article 37 of the Constitution expressly declares the Directive Principles of State Policy to be fundamental in the governance of the country. Therefore, option (c) is correct.
Article 37 makes three points regarding the Directive Principles:
The provisions contained in Part IV are not enforceable by any court.
The principles laid down in that Part are fundamental in the governance of the country.
It is the duty of the State to apply these principles while making laws.
The Directive Principles are thus not directly enforceable by courts, but they constitute constitutional policy directions for the legislature and executive. Through them, the Constitution seeks to establish social and economic democracy and a Welfare State.
Articles 36 to 51 of Part IV cover subjects including:
A social order based on social, economic and political justice.
Reduction of inequalities in income, status, facilities and opportunities.
Adequate livelihood and distribution of resources for the common good.
Equal pay for equal work.
Equal justice and free legal aid.
Work, education and public assistance.
Organisation of village panchayats.
Humane working conditions, maternity relief and a living wage.
Promotion of the educational and economic interests of weaker sections.
Improvement of nutrition, standard of living and public health.
Protection of the environment, forests and wildlife.
Separation of the Judiciary from the Executive.
Promotion of international peace and security.
Fundamental Rights are essential to constitutional democracy and are judicially enforceable. However, the precise expression “fundamental in the governance of the country” is specifically used for the Directive Principles in Article 37.
Fundamental Duties are constitutional obligations of citizens, but Article 51A does not describe them as fundamental in the governance of the country.
Courts seek to maintain harmony between Fundamental Rights and Directive Principles. Fundamental Rights protect individual liberty and political democracy, while Directive Principles provide the direction for social and economic democracy.