With reference to Indian Constitution, consider the following statements : I. The Chapter on the Directive Principles of State Policy in the Indian Constitution seeks a Uniform Civil Code for all Indians. II. By 44th Amendment, the Janata Party Government in 1978-79 deleted the Fundamental Right to Property. III. Fundamental Duties were incorporated by the 42nd Amendment and added to Chapter IV. Which of these statements is/are correct?

1. The Structural Framework: Parts III, IV, and IV-A (basic)

Welcome to our journey into the Indian Constitution! To understand the Directive Principles of State Policy (DPSP), we must first look at where they sit in the grand architecture of our Constitution. Think of the Constitution as a building with different wings. The three most vital wings for a citizen are Part III, Part IV, and Part IV-A. Together, they form the conscience of the Constitution, balancing our rights, the State’s goals, and our duties.

Originally, in 1949, the Constitution consisted of 22 Parts Laxmikanth, Salient Features of the Constitution, p.27. Part III (Fundamental Rights) acts as a shield, protecting us from state overreach. Part IV (Directive Principles), on the other hand, acts as a compass, guiding the State to create a just society through policies like the Uniform Civil Code (Article 44). While Part III is legally enforceable in courts (justiciable), Part IV is non-justiciable, meaning you cannot sue the government if they fail to meet a DPSP immediately, though they are fundamental to the country's governance.

As the nation evolved, so did its structure. Two major amendments reshaped these wings. First, the 42nd Amendment Act (1976) added a brand new section called Part IV-A to outline our Fundamental Duties Laxmikanth, Salient Features of the Constitution, p.37. It is a common mistake to think these duties are inside Part IV; they actually occupy their own separate space. Second, the 44th Amendment Act (1978) removed the Right to Property from the list of Fundamental Rights in Part III, moving it to Article 300A as a legal right. This structural clarity helps us understand that while rights are primary, they must coexist with social goals and individual responsibilities.

Part	Subject Matter	Nature
Part III	Fundamental Rights	Justiciable (Enforceable)
Part IV	Directive Principles (DPSP)	Non-justiciable (Guidelines)
Part IV-A	Fundamental Duties	Added in 1976 (Article 51A)

Sources: Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.27; Indian Polity, M. Laxmikanth, Salient Features of the Constitution, p.37

2. Directive Principles of State Policy (DPSP) Philosophy (basic)

The Directive Principles of State Policy (DPSP), contained in Part IV of the Constitution (Articles 36–51), represent the social and economic roadmap of the Indian nation. While Fundamental Rights (Part III) ensure Political Democracy by protecting individual liberties, the DPSPs aim to establish Social and Economic Democracy. These principles are inspired by the Irish Constitution and serve as 'Instruments of Instruction' to the legislature and the executive, guiding them on how to exercise their power to create a just society.

Philosophically, the DPSPs are categorized into three broad ideologies that reflect the diverse aspirations of the Indian freedom struggle:

• Socialist Principles: These aim at providing social and economic justice. They direct the state to minimize inequalities in income, status, and opportunity, and to ensure that the ownership and control of material resources are distributed for the common good Political Theory, Class XI (NCERT 2025 ed.), Equality, p.43.
• Gandhian Principles: Based on the ideology of Mahatma Gandhi, these focus on rural development and grassroots democracy, such as the promotion of village panchayats and cottage industries.
• Liberal-Intellectual Principles: These reflect the ideology of liberalism, focusing on a Uniform Civil Code (Article 44), free and compulsory education for children, and the protection of the environment Introduction to the Constitution of India, D. D. Basu (26th ed.), Directive Principles, p.177.

A crucial philosophical point is the nature of their justiciability. Unlike Fundamental Rights, DPSPs are non-justiciable, meaning they cannot be enforced by a court of law if the government fails to implement them. However, Article 37 explicitly states that these principles are "fundamental in the governance of the country," and it shall be the duty of the State to apply these principles in making laws. This creates a moral and political obligation on the government, making them answerable to the electorate during elections Introduction to the Constitution of India, D. D. Basu (26th ed.), Directive Principles, p.184.

Feature	Fundamental Rights (Part III)	Directive Principles (Part IV)
Nature	Negative obligations (prohibits State from doing certain things).	Positive obligations (requires State to do certain things).
Enforceability	Justiciable (Enforceable by courts).	Non-justiciable (Moral/Political obligation).
Goal	Political Democracy.	Social and Economic Democracy.

Sources: Political Theory, Class XI (NCERT 2025 ed.), Equality, p.43; Introduction to the Constitution of India, D. D. Basu (26th ed.), Directive Principles, p.177; Introduction to the Constitution of India, D. D. Basu (26th ed.), Directive Principles, p.184

3. The Evolution of Fundamental Rights: The Right to Property (intermediate)

Originally, the Constitution of India provided a robust protection for property owners under two main pillars: Article 19(1)(f), which gave citizens the right to acquire, hold, and dispose of property, and Article 31, which protected against the compulsory acquisition of property except for public purposes and with compensation. However, this created a persistent conflict between individual ownership and the State's goal of achieving social justice through land reforms and the redistribution of wealth, as mandated by the Directive Principles of State Policy (DPSP).

To navigate this, the Parliament introduced several safeguards to protect welfare legislation from judicial scrutiny. Article 31A was created to protect laws related to agrarian reforms, while Article 31C was designed to give precedence to certain DPSPs (specifically Articles 39(b) and 39(c)) over the fundamental rights of equality and freedom Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.94. Additionally, Article 31B and the Ninth Schedule were established to act as a "protective vault"; any law placed in this schedule was largely immune from being declared void on the ground of violating fundamental rights Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.94.

The journey reached its climax with the 44th Amendment Act (1978), which formally abolished the Right to Property as a Fundamental Right. It was transformed into a legal/constitutional right under Article 300A. This shift fundamentally altered how property is protected in India:

Feature	As a Fundamental Right (Pre-1978)	As a Legal Right (Post-1978)
Constitutional Remedy	Aggrieved person could go directly to the Supreme Court via Article 32.	Aggrieved person must go to the High Court via Article 226 Indian Polity, Fundamental Rights, p.102.
Protection	Protected against both Executive and Legislative action.	Protects against Executive action, but the Legislature can curtail it by a simple law Indian Polity, Fundamental Rights, p.102.
Amendment Requirement	Required a Constitutional Amendment to curtail.	Can be regulated or modified by an ordinary law of Parliament.

Sources: Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.94; Indian Polity, Fundamental Rights, p.102

4. The 42nd and 44th Amendments: The 'Constitution Rewrite' (intermediate)

To understand the evolution of the Indian Constitution, one must view the 42nd and 44th Amendment Acts as a two-part historical drama. The 42nd Amendment (1976), enacted during the Emergency, was so vast in scope that it is famously called the 'Mini-Constitution' M. Laxmikanth, Salient Features of the Constitution, p.27. It wasn't just an update; it was a comprehensive revision that sought to tilt the balance of power toward the Parliament and elevate the Directive Principles of State Policy (DPSP) above Fundamental Rights. It added three new words to the Preamble (Socialist, Secular, Integrity) and a whole new chapter on Fundamental Duties (Part IV-A) Rajiv Ahir, After Nehru..., p.684. Regarding the DPSP framework, it added Article 39A (Free legal aid), Article 43A (Participation of workers in management), and Article 48A (Protection of environment).

The 44th Amendment (1978) acted as a 'restorative' measure. After the 1977 elections, the new Janata Party government sought to "undo the extensive mischief" caused by the 42nd Amendment D. D. Basu, Procedure for Amendment, p.199. Its most famous contribution was the removal of the Right to Property from the list of Fundamental Rights (Articles 19 and 31), transforming it into a simple legal right under Article 300A. This was crucial for the DPSP framework, as it prevented individual property claims from blocking land reforms and social welfare legislation. It also added a specific Directive Principle under Article 38, requiring the State to minimize inequalities in income, status, and opportunity.

Feature	42nd Amendment (1976)	44th Amendment (1978)
Nature	Expansionist/Centralizing	Restorative/Corrective
Property Right	Curtailed its impact on welfare	Removed from Part III (Fundamental Rights)
New DPSP	39A, 43A, 48A	38 (Clause 2)

Sources: Indian Polity, M. Laxmikanth(7th ed.), Salient Features of the Constitution, p.27; Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM., After Nehru..., p.684; Introduction to the Constitution of India, D. D. Basu (26th ed.), Procedure for Amendment, p.199; Introduction to the Constitution of India, D. D. Basu (26th ed.), HOW THE CONSTITUTION HAS WORKED, p.477

5. Fundamental Rights vs. DPSP: The Doctrine of Harmony (exam-level)

To understand the **Doctrine of Harmony**, we must first recognize the inherent tension in our Constitution: **Fundamental Rights (FRs)** protect individual liberty (negative obligations on the state), while **Directive Principles of State Policy (DPSPs)** demand social and economic justice (positive obligations). For decades, a 'tug-of-war' existed between the Judiciary and Parliament over which side should prevail when they clash. Initially, in the Champakam Dorairajan case (1951), the Supreme Court held that FRs were superior and DPSPs must run as 'subsidiary' to them. However, the Parliament countered this through various amendments, culminating in the 42nd Amendment Act (1976), which attempted to give all DPSPs legal precedence over Fundamental Rights. M. Laxmikanth, Landmark Judgements and Their Impact, p.629

The definitive resolution came with the landmark Minerva Mills Case (1980). The Supreme Court struck down the provision that gave blanket primacy to DPSPs, famously declaring that the Indian Constitution is founded on the bedrock of the balance between Part III (FR) and Part IV (DPSP). The Court ruled that to give absolute primacy to one over the other is to disturb the harmony of the Constitution, which is an essential feature of its Basic Structure. Politics in India since Independence (NCERT), The Crisis of Democratic Order, p.97

Today, the Doctrine of Harmonious Construction dictates that the courts must attempt to interpret the two in a way that gives effect to both. They are likened to the 'two wheels of a chariot'—neither is less important than the other. While the state must implement DPSPs to achieve a welfare state, it cannot do so by completely trampling upon the core Fundamental Rights of individuals. This balance ensures that social transformation does not come at the cost of personal freedom.

Aspect	Fundamental Rights (Part III)	Directive Principles (Part IV)
Nature	Justiciable (Enforceable by courts)	Non-justiciable (Moral/Political obligation)
Goal	Political Democracy	Social and Economic Democracy
Relationship	Harmonious Balance (Minerva Mills Doctrine)

Sources: Indian Polity, M. Laxmikanth(7th ed.), Landmark Judgements and Their Impact, p.629; Politics in India since Independence, NCERT (2025 ed.), The Crisis of Democratic Order, p.97; Indian Polity, M. Laxmikanth(7th ed.), Landmark Judgements and Their Impact, p.626

6. Article 44: The Uniform Civil Code (UCC) (intermediate)

Article 44 of the Indian Constitution is perhaps one of the most debated provisions within the Directive Principles of State Policy (DPSP). It mandates that "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India" Indian Polity, World Constitutions, p.697. While India has a uniform criminal code (where the same law applies to everyone regardless of religion), civil matters such as marriage, divorce, inheritance, and adoption are currently governed by various "personal laws" rooted in religious texts and customs.

The vision behind Article 44 is rooted in two primary goals. First, the framers believed that personal laws are essentially secular matters—they deal with social relations rather than the core spiritual essence of religion. Second, they argued that a common civil code is essential for national integration; without it, a heterogeneous population remains divided by different legal standards for family life Introduction to the Constitution of India, HOW THE CONSTITUTION HAS WORKED, p.487. This aligns with modern liberalism, which views the individual as the basic unit of society rather than the religious community or family Political Theory, Class XI (NCERT 2025 ed.), Freedom, p.23.

As a part of the DPSP framework, Article 44 is a directive for a Welfare Government to pursue over time Exploring Society: India and Beyond, The Constitution of India — An Introduction, p.222. It is not automatically enforceable by the courts (non-justiciable), but it serves as a guiding star for the State to eventually harmonize these personal laws into one single law for all citizens, ensuring equality and justice across religious lines.

Feature	Current Personal Laws	Uniform Civil Code (UCC)
Basis	Religious customs and scriptures.	A common secular law enacted by the State.
Application	Varies based on the individual's religion.	Uniformly applicable to all citizens.
Core Objective	Preserving community identity/tradition.	Gender equality and national integration.

Sources: Indian Polity, World Constitutions, p.697; Introduction to the Constitution of India, HOW THE CONSTITUTION HAS WORKED, p.487; Political Theory, Class XI (NCERT 2025 ed.), Freedom, p.23; Exploring Society: India and Beyond, The Constitution of India — An Introduction, p.222

7. Fundamental Duties: Precision in Numbering and Placement (exam-level)

To truly master the Indian Constitution, you must develop an eye for its architectural precision. While the Directive Principles (DPSP) and Fundamental Duties are often grouped together as the 'conscience' of the Constitution, their structural placement is distinct and deliberate. The Directive Principles are housed in Part IV (Articles 36–51). However, when the 42nd Amendment Act of 1976 introduced Fundamental Duties, it did not simply tuck them into the existing Part IV. Instead, it created an entirely new section: Part IV-A, containing a single article, Article 51A M. Laxmikanth, Salient Features of the Constitution, p.37.

Why this specific numbering? The suffix 'A' in both Part IV-A and Article 51A signifies that these were subsequent additions to the original 1950 framework. This amendment was born out of the Swaran Singh Committee's recommendations, which argued that citizens should have duties to perform while enjoying their Fundamental Rights D.D. Basu, Procedure for Amendment, p.198. It is a common trap to assume that because they follow the DPSPs chronologically in the text, they are 'part' of the DPSP chapter. They are not. They are a separate constitutional entity designed to balance the 'rights' of Part III and the 'directives' of Part IV.

Feature	Directive Principles (DPSP)	Fundamental Duties (FD)
Part	Part IV	Part IV-A
Article Range	Articles 36 to 51	Article 51A only
Added By	Original Constitution (1950)	42nd Amendment Act (1976)

Initially, the 42nd Amendment listed 10 duties. It wasn't until the 86th Amendment Act of 2002 that an 11th duty—the duty of parents to provide education to children—was added to the list M. Laxmikanth, World Constitutions, p.697. Remember, while both Part IV and Part IV-A are non-justiciable (you cannot go to court to enforce them directly), they serve different purposes: Part IV directs the State, while Part IV-A reminds the Citizen.

Sources: M. Laxmikanth, Indian Polity, Salient Features of the Constitution, p.37; D.D. Basu, Introduction to the Constitution of India, Procedure for Amendment, p.198; M. Laxmikanth, Indian Polity, World Constitutions, p.697

8. Solving the Original PYQ (exam-level)

Now that you have mastered the structural framework of the Indian Constitution, this question serves as a perfect exercise in synthesizing your knowledge of Directive Principles of State Policy (DPSP), Fundamental Rights, and Constitutional Amendments. Statement I is a straightforward application of Article 44, which you studied as a key Liberal-Intellectual principle within the DPSP, aiming for a Uniform Civil Code. Statement II tests your historical context: following the Emergency, the Janata Party government indeed utilized the 44th Amendment Act (1978) to remove the Right to Property from the list of Fundamental Rights, repositioning it as a legal right under Article 300A. Understanding the political shift from the 42nd to the 44th Amendment is crucial for navigating these types of chronological questions.

The reasoning for the final answer hinges on a classic UPSC "technical trap" found in Statement III. While you correctly identified that Fundamental Duties were introduced by the 42nd Amendment (1976), the statement inaccurately claims they were added to "Chapter IV." In constitutional terminology, Part IV is dedicated exclusively to DPSPs; the Fundamental Duties were actually inserted into a specifically created Part IV-A (Article 51A). Always pay close attention to the specific numbering of Parts and Chapters, as a single letter (like the 'A' in IV-A) is often the difference between a correct and incorrect statement.

Consequently, because Statement III contains this structural error, options (C) and (D) are eliminated. This leaves (A) I and II as the correct answer. This question highlights why you must move beyond just memorizing amendment numbers and start focusing on the precise placement of articles within the constitutional map. National Institute of Open Schooling and Ministry of External Affairs - Constitution of India