Directive Principles of State Policy (Indian Polity and Governance) Part-II

Total Questions: 24

11. In which of the following 'the provisions for the protection and improvement of environment and safeguarding of forests and wildlife' are found in the Constitution of India? [U.P.P.C.S. (Pre) 2019]

Correct Answer: (c) Both (a) and (b)
Solution:Article 48A in the Part IV (Directive Principles of State Policy) of the Indian Constitution has provisions for the protection and improvement of the environment and the safeguarding of forests and wildlife. Similarly, according to Article 51A(g), it is the duty of every citizen of India to protect and improve the natural environment.

Significance of Directive Principles of State Policy (DPSPs)

  • The Directive Principles of State Policy (DPSPs) in Indian Constitution are fundamental guidelines for the government to promote social welfare, economic justice, and equity, aiming to create a just society.
  • While not legally enforceable, they play a crucial role in shaping laws and policies that align with ideals like social and economic democracy, promoting fair wages, environmental protection, and accessible education.
  • The DPSPs bridge the gap between individual rights and social obligations, providing a vision for governance that prioritizes the welfare of all citizens and works towards reducing inequality across various sections of society.

12. Which of the following Provision is a part of both Directive Principles of State Policy and Fundamental Duties? [U.P.P.C.S. (Pre.) 2023]

Correct Answer: (b) Protection of environment
Solution:Under Part-4, 'Directive Principles of state policy according to Article 48A of Indian Constitution, the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country and Under Part 4A, Fundamental Duties' according to Article 51-A(g) of Indian Constitution,

It is a fundamental duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.

Hence, option (b) is the correct answer.

13. Which one of the following is a Directive Principle of State Policy? [U.P.P.C.S. (Mains) 2009]

Correct Answer: (a) The State shall endeavor to protect and improve the environment.
Solution:Article 48A (Directive Principles of State Policy) mentioned that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.

The Directive Principles of State Policy in the Indian Constitution encompass several key features which are as follows:

  • Non-Justiciability- Unlike fundamental rights, which are legally enforceable, DPSPs are non-justiciable, meaning they cannot be enforced by courts. However, they are considered fundamental in governance and serve as moral and political directives for the state.
  • Dynamic and Evolving- DPSPs are not static principles but evolve over time to address emerging socio-economic challenges and the changing needs of society. They allow for adaptation and innovation in governance strategies to meet evolving circumstances.
  • Welfare State- The DPSPs are aimed at promoting the welfare of the people and the establishment of a just society. They emphasize principles of justice, equality, and fraternity in the governance of the country.
  • Socio-Economic Objectives- DPSPs aim to establish certain social and economic goals that the State should strive to achieve. These objectives include promoting social justice, economic welfare, and the overall development of the nation.
  • Balance between Rights and Duties- While fundamental rights focus on protecting individual liberties, DPSP emphasizes the importance of balancing rights with corresponding duties. They emphasize the collective welfare of society over individual interests.
  • Integral to the Constitutional Scheme- DPSP are an integral part of the Indian Constitution. They reflect the socio-economic ideals and aspirations of the framers of the Constitution and are considered essential for the establishment of a just and equitable society.
  • Good Governance- They encourage the promotion of good governance practices, including transparency, accountability, and the efficient functioning of public institutions. Cultural and Educational Values- These principles emphasize the promotion of cultural and educational institutions to preserve and enrich the country's diverse cultural heritage and foster a spirit of scientific inquiry and innovation.
  • International Obligations- DPSP may also guide the state in fulfilling its international obligations and commitments. They reflect principles of international law and conventions that India has ratified, reinforcing the country's commitment to global standards of human rights and development.

14. The Constitution is silent in the Directive Principles of State Policy about- [U.P. Lower Sub (Pre) 2008]

Correct Answer: (a) Adult education
Solution:The provision for adult education is not mentioned in the Directive Principles of State Policy (Part-IV). Living wages for workers is mentioned in Article 43, Free legal aid to the poor is mentioned under Article 39A and provision for early childhood care and education to children below the age of six years is mentioned in Article 45 of the Directive Principles of State Policy.

15. Which of the following Directive Principles of State Policy was added to the Constitution at a later date? [U.P.R.O/A.R.O. (Pre) 2014]

Correct Answer: (c) Free Legal Aid
Solution:Article 39A of the Constitution provides for Free Legal Aid to the poor and weaker sections of the society and ensures justice for all. Equal Justice and Free Legal Aid (Article 39A) was inserted by the 42nd Constitutional Amendment Act, 1976.

Article 39A directs the state to organize its legal system in a way that ensures justice for all, regardless of their economic or social status. It specifically mandates the provision of free legal aid to ensure that those who cannot afford legal representation have access to it.

The article emphasizes that access to justice should be based on equal opportunity, meaning everyone should have the same chance to seek legal redress. Article 39A recognizes that certain disabilities, including economic ones, can prevent citizens from accessing justice. It directs the state to address these disabilities through free legal aid.

16. With reference to National Legal Services Authority. consider the following statements: [U.P.S.C. (Pre) 2013]

1. Its objective is to ensure free and competent legal services to the weaker sections of the society on the basis of equal opportunity.

2. It issues guidelines to the state legal services authorities to implement the legal programmes and schemes throughout the country.

Which of the statements given above is/are correct?

Correct Answer: (c) Both 1 and 2
Solution:The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for the amicable settlement of disputes.

The objective of the National Legal Services Authority is to provide free and competent legal services to the weaker sections of the society on the basis of equal opportunity.

It also gives instructions to State Legal Services Authorities and provides them with financial grants The State Legal Services Authority is headed by the Chief Justice of the respective High Court, who is the Patron-in- Chief of the State Legal Services Authority.

17. In India, Legal Services Authorities provide free legal services to which of the following type of citizens? [U.P.S.C. (Pre) 2020]

1. Person with an annual income of less than Rs. 1,00,000.

2. Transgender with an annual income of less than Rs. 2,00,000.

3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000.

4. All Senior Citizens, Select the correct answer using the code given below:

Correct Answer: (a) 1 and 2 only
Solution:The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled to Free Legal Service, they are:

(a). A member of SC or ST.

(b). A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution. c. A woman or child.

(d). An industrial worker

(e). A Person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State government.

The income ceiling limit prescribed u/s 12(h) of the Act for availing free legal services in different states has been stated below:

Andhra Pradesh-3 Lakh

Arunachal Pradesh - 1 Lakh

Gujarat-1 Lakh

Karnataka-1 Lakh

Madhya Pradesh - 1 Lakh

Delhi-General 1 Lakh

Senior Citizen (2 Lakh)

Transgender (2 Lakh)

Thus, statement 1 is correct, while statement 3 is wrong because there is free legal service to SC and ST community. but not for OBCS.

Provision for free legal services to members of transgender community upto 2 Lakh in Delhi. Hence, Statement 2 is correct. Senior citizen's eligibility for free legal aid depends on the Rules framed by the respected state government in this regard.

In Delhi, for example, senior citizens are eligible for free legal aid subject to a Prescribed ceiling of annual income. Therefore, not all senior citizens are eligible for free aid, Hence, statement 4 is wrong. So the correct answer is the option (a).

18. Which of the following is not included in the Directive Principles of State Policy? [U.P.P.C.S. (Pre) 2006, U.P.P.C.S. (Mains) 2010]

Correct Answer: (d) Right to Information
Solution:The Right to Information (RTI) emerges as a legal right under the Right to Information Act, 2005. However, Article 39(d) deals with equal pay for equal work for both men and women, and Article 39(a) deals with adequate means of livelihood. Article 47 states that it will be the duty of the state to raise the level of nutrition and the standard of living and to improve public health.

19. Which one of the following is a Directive Principle of the State Policy? [U.P.P.S.C. (GIC) 2010, U.P.P.C.S. (Mains) 2010]

Correct Answer: (a) Uniform Civil Code
Solution:A Uniform Civil Code (UCC) refers to a single law applicable to all citizens of a country in personal matters such as marriage, divorce, custody, adoption, and inheritance. In India, the purpose of a uniform civil code is to replace personal laws based on religions and their scriptures and customs with a common set of civil laws governing every citizen that are in line with criminal laws.

Article 44, enshrined in Part IV of the Indian Constitution, recognises the need for a UCC, but it is not mandatory and is left to the government's discretion. The demand for a uniform civil code in India is contentious; supporters argue it promotes equality and secularism, while opponents believe it undermines minority rights and religious practices.

20. Identify the items included in the Directive Principles of State Policy. [U.P.P.C.S. (Mains) 2002]

1. Prohibition of Consumption of Liquor

2. Prohibition of employment of children in factories or mines

3. Prohibition of beggar or forced labour

4. Prohibition of untouchability

Select the correct answer with the help of the code given below:

Correct Answer: (c) Only 1
Solution:Article 47 of the Directive Principles of State Policy underscores that it is the duty of the State to raise the level of nutrition and the standard of living and to improve public health.

The State shall endeavour to bring about prohibition on the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health, whereas prohibition of employment of children in factories or mines, prohibition of beggar or forced labour, and prohibition of untouchability are mentioned under Article 24, 23 and 17 respectively of Fundamental Rights.