[Mission 2024] STATIC QUIZ, 30 August 2023 – Polity

Solution: c)

Dr B R Ambedkar had said ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.’

What is called Directive Principles is merely another name for the instrument of instructions.

The only difference is that they are instructions to the legislature and the executive.

Solution: b)

The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:

(i) To secure opportunities for healthy development of children (Article 39).

(ii) To promote equal justice and to provide free legal aid to the poor (Article 39 A).

(iii) To take steps to secure the participation of workers in the management of industries (Article 43 A).

(iv) To protect and improve the environment and to safeguard forests and wild life (Article 48 A)

Solution: a)

If they are violated one cannot approach the court and seek their enforcement. Therefore, the government (Central, state and local) cannot be compelled to implement them.

The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law.

The Supreme Court has ruled many a times that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.

Solution: d)

The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal provisions for the implementation of some of the Fundamental Duties.

They are mentioned below:

1. The Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution of India, the National Flag and the National Anthem.
2. The various criminal laws in force provide for punishments for encouraging enmity between different sections of people on grounds of language, race, place of birth, religion and so on.
3. The Protection of Civil Rights Act (1955) provides for punishments for offences related to caste and religion.
4. The Indian Penal Code (IPC) declares the imputations and assertions prejudicial to national integration as punishable offences.
5. The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organization as an unlawful association.
6. The Representation of People Act (1951) provides for the disqualification of members of the Parliament or a state legislature for indulging in corrupt practice, that is, soliciting votes on the ground of religion or promoting enmity between different sections of people on grounds of caste, race, language, religion and so on.
7. The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
8. The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of forest land for non-forest purposes.

Solution: b)

Statement 2 is incorrect.

The original constitution did not provide for the Fundamental Duties of the citizens. These were added during the operation of internal emergency (1975–77) by the 42nd Constitutional Amendment Act of 1976 on the recommendation of the Swaran Singh Committee. The 86th Constitutional Amendment Act of 2002 added one more fundamental duty.

The Part IV-A of the Constitution (which consists of only one Article 51-A) specifies the eleven Fundamental Duties viz., to respect the Constitution, national flag and national anthem; to protect the sovereignty, unity and integrity of the country; to promote the spirit of common brotherhood amongst all the people; to preserve the rich heritage of our composite culture and so on.

The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow citizens. However, like the Directive Principles, the duties are also non-justiciable in nature.