Political Science Notes Part 19: Fundamental Duties, DPSP, and Governor for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 41: Fundamental Duties — 42nd Amendment, List, Importance

Introduction

Fundamental Duties are moral obligations for Indian citizens to promote patriotism, unity, and democracy, inspired by the Constitution of the erstwhile USSR.

Constitutional Provision

• Article 51A: Lists Fundamental Duties.

Historical Background

• Swaran Singh Committee (1976): Recommended inclusion of Fundamental Duties.
• 42nd Amendment (1976): Added 10 duties to Article 51A.
• 86th Amendment (2002): Added 11th duty (children’s education).

Features

• Non-Justiciable: Cannot be enforced by courts.
• Moral Obligations: Encourage responsible citizenship.
• Citizens Only: Apply to Indian citizens, not foreigners or corporations.
• Cultural Reflection: Embody Indian values (e.g., respect for Constitution, environment).

List of Fundamental Duties (Article 51A)

1. Abide by the Constitution, respect its ideals, institutions, National Flag, and National Anthem.
2. Cherish noble ideals of the freedom struggle.
3. Uphold sovereignty, unity, and integrity of India.
4. Defend the country and render national service when required.
5. Promote harmony and common brotherhood, transcending diversities; renounce practices derogatory to women’s dignity.
6. Preserve rich heritage of composite culture.
7. Protect natural environment (forests, lakes, rivers, wildlife) and show compassion for living creatures.
8. Develop scientific temper, humanism, and spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
10. Strive for excellence in individual and collective activities.
11. Provide education opportunities for children aged 6–14 years (86th Amendment, 2002).

Importance

• Balances Rights and Duties: Ensures citizens fulfill responsibilities alongside enjoying rights.
• Promotes Patriotism: Fosters loyalty to the nation.
• Protects Integrity: Strengthens unity amid diversity.
• Environmental Protection: Encourages sustainable practices.
• Moral Conduct: Guides ethical behavior.

Relation with Fundamental Rights

• Complementary: Rights (e.g., Article 19: Freedom of Speech) are balanced by duties (e.g., respect sovereignty).
• Example: Article 21 (Right to Environment) aligns with duty to protect environment.

Judicial Use

• Though non-justiciable, courts use duties to:
  • Interpret laws.
  • Justify restrictions on rights (e.g., environmental laws).
• Cases:
  • MC Mehta (1987): Environment duty upheld environmental laws.
  • AIIMS Students Union (2001): Emphasized balancing rights with duties.

Criticism

• Vague: Difficult to define violations.
• Non-Enforceable: Lacks legal backing.
• No Hierarchy: Unclear priority among duties.
• Emergency Context: Added during 1975–77, raising intent concerns.

Suggestions for Improvement

• Make some duties enforceable.
• Increase awareness through education.
• Introduce graded penalties for serious violations.

Comparison: Fundamental Rights vs. Duties

Conclusion

Fundamental Duties deepen democracy by linking liberty with responsibility. As John F. Kennedy said, “Ask not what your country can do for you — ask what you can do for your country.”

Chapter 42: Directive Principles of State Policy (DPSP) — Meaning, Types, Important Articles

Introduction

Directive Principles of State Policy (DPSP) are guidelines for the state to achieve social and economic democracy, promoting welfare, justice, liberty, equality, and fraternity. Alongside Fundamental Rights, they form the soul of the Constitution.

Constitutional Provisions

• Articles 36–51: Contain DPSPs.

Features

• Non-Justiciable: Cannot be enforced by courts.
• Moral/Political Directives: Guide state law-making.
• Welfare State Aim: Promote a socialist, equitable society.
• Source: Borrowed from Irish Constitution.

Objectives

• Social Justice: Fair distribution of opportunities.
• Economic Justice: Reduce inequality.
• Political Justice: Ensure equal participation.
• International Peace: Foster global harmony.

Classification of DPSPs

1. Socialistic Principles:
   • Aim for a welfare state.
   • Articles:
     • 38: Promote welfare, reduce inequalities.
     • 39: Equal livelihood, equal pay, protect children/workers.
     • 41: Right to work, education, public assistance.
     • 42: Humane work conditions, maternity relief.
     • 43: Living wage, decent standard of life.
     • 43A: Workers’ participation in industries (42nd Amendment).
     • 47: Improve nutrition, health, living standards.
2. Gandhian Principles:
   • Inspired by Mahatma Gandhi.
   • Articles:
     • 40: Organize village Panchayats.
     • 43: Promote cottage industries.
     • 46: Support SCs/STs/weaker sections’ education/economy.
     • 47: Prohibit intoxicating drinks/drugs.
     • 48: Organize agriculture, animal husbandry (e.g., cow slaughter ban).
3. Liberal-Intellectual Principles:
   • Promote individual dignity, peace.
   • Articles:
     • 44: Uniform Civil Code.
     • 45: Early childhood care (0–6 years; education for 6–14 shifted to Article 21A).
     • 48A: Protect environment, forests, wildlife.
     • 49: Preserve national monuments.
     • 50: Separate judiciary from executive.
     • 51: Promote international peace.

Comparison: Fundamental Rights vs. DPSP

Important Amendments

• 42nd Amendment (1976): Added Articles 39A (free legal aid), 43A (workers’ participation), 48A (environment protection).
• 44th Amendment (1978): Restored DPSP values post-Emergency.
• 86th Amendment (2002): Shifted education (6–14 years) to Article 21A.

Judicial Interpretation

• DPSPs and Fundamental Rights form the “Conscience of the Constitution”.
• Courts use DPSPs to interpret rights.
• Cases:
  • Champakam Dorairajan (1951): Fundamental Rights initially prevailed over DPSPs.
  • Golaknath (1967): Limited Parliament’s power to amend rights for DPSPs (overruled).
  • Kesavananda Bharati (1973): Balanced rights and DPSPs; Basic Structure Doctrine.
  • Minerva Mills (1980): Harmony between rights and DPSPs is Basic Structure.

Implemented DPSPs

• Article 40: 73rd Amendment (Panchayati Raj).
• Article 45: Right to Education Act (2009).
• Article 47: Liquor prohibition in some states.
• Article 48A: Environmental Protection Act (1986), NGT Act (2010).

Criticism

• Non-Enforceable: Moral guide only.
• Vague: Difficult to implement.
• Conflicts: Some DPSPs (e.g., prohibition) clash with rights.

Relevance

• Guides policy and law interpretation.
• Measures governance effectiveness.

Conclusion

DPSPs are the soul of the Constitution, guiding the state toward justice and welfare. As quoted: “The Directive Principles are like the ideals of a painting — they guide the artist without limiting imagination.”

Chapter 43: Governor — Appointment, Powers, Role in States

Introduction

The Governor is the constitutional head of a state, acting as a link between the Centre and State, symbolizing India’s unity.

Constitutional Provisions

• Articles 153–162: Govern appointment, powers, functions.

Appointment

• By: President of India.
• Tenure: 5 years, but serves at President’s pleasure.
• Qualifications:
  • Indian citizen.
  • Age 35+.
• Oath: Administered by Chief Justice of State High Court.
• Key Points:
  • No election (unlike USA).
  • Can be removed before 5 years.
  • One person can govern multiple states (Article 153).

Conditions of Office

• Cannot be a MP/MLA.
• Cannot hold office of profit.
• Entitled to residence, salary, from State Consolidated Fund.

Powers

1. Executive Powers:
   • Appoints Chief Minister, ministers, Advocate General, State PSC members.
   • Executes state actions in Governor’s name.
   • Makes rules for administrative efficiency.
2. Legislative Powers:
   • Summons, prorogues, dissolves State Assembly.
   • Addresses Assembly after elections/budget sessions.
   • Assents to bills (Article 200):
     • Approves, withholds, returns (except Money Bills), or reserves for President.
   • Ordinances during Assembly recess (Article 213).
3. Financial Powers:
   • Approves Money Bills introduction.
   • Oversees State Budget presentation.
   • Manages Contingency Fund.
4. Judicial Powers:
   • Pardons for state law offenses (Article 161).
   • No power over death sentences (President only).
5. Discretionary Powers:
   • Appointing Chief Minister in hung Assembly.
   • Reserving bills for President.
   • Recommending President’s Rule (Article 356).
   • Dismissing ministry if it loses majority.

Governor vs. President

Position

• Nominal Head: Acts on Council of Ministers’ advice (Article 163), except in discretionary matters.

Role as Centre’s Agent

• Guardian of Constitution in state.
• Representative of Centre in Union-State relations.

Important Articles

• 153: Governors of States.
• 155: Appointment.
• 156: Tenure.
• 157: Qualifications.
• 161: Pardoning powers.
• 163: Council of Ministers’ advice.
• 200: Assent to bills.
• 213: Ordinance-making.

Important Cases

• Shamsher Singh (1974): Governor acts on Council of Ministers’ advice.
• Nabam Rebia (2016): Governor cannot summon Assembly without Cabinet advice.
• BP Singhal (2010): Removal requires valid reasons.

Controversies

• Discretionary Misuse: E.g., biased Chief Minister appointments.
• Political Bias: Acting as Centre’s agent.
• Arbitrary Removal: No tenure security.
• Bill Reservation: Overuse in controversial cases.

Reform Recommendations

• Sarkaria Commission (1988):
  • Appoint non-political Governors.
  • Avoid removal before 5 years unless misconduct.
• Punchhi Commission (2010):
  • Fixed tenure.
  • Clear discretionary power guidelines.
  • Consult Chief Minister before appointment.

Importance

• Symbolizes federalism.
• Ensures constitutional governance.
• Maintains Centre-State relations.
• Stabilizes during political crises.

Conclusion

The Governor is the guardian of state constitutional governance, but must act impartially. As quoted: “Governor must act as a bridge, not a barrier, between Centre and State.”

Quick Facts for Prelims & Mains

• Fundamental Duties:
  • Article: 51A.
  • Added: 42nd Amendment (1976).
  • Committee: Swaran Singh.
  • Number: 11.
  • Latest: Education duty (86th Amendment, 2002).
• DPSP:
  • Articles: 36–51.
  • Source: Irish Constitution.
  • Key Additions: 42nd Amendment (Articles 39A, 43A, 48A).
  • Nature: Non-justiciable.
• Governor:
  • Articles: 153–162.
  • Appointed by: President.
  • Minimum Age: 35.
  • Tenure: 5 years (at pleasure).
  • Reports: Sarkaria, Punchhi Commissions.