Consider the following statements: I. There is no provision in the Constitution of India to encourage equal pay for equal work for both men and women. II. The Constitution of India does not define backward classes. Which of the statements given above is/are correct?

1. Understanding the Philosophy of DPSP (basic)

Welcome to your first step in mastering the Directive Principles of State Policy (DPSP). To understand the DPSP, we must first understand the soul of the Indian Constitution. While our Fundamental Rights ensure political democracy (your right to vote, speak, and move freely), the DPSP aims to establish Social and Economic Democracy. As noted by eminent jurists, the foundation of a stable political democracy is a society where poverty is banished and wealth is distributed equitably D. D. Basu, Introduction to the Constitution of India, The Philosophy of the Constitution, p.26.

Found in Part IV (Articles 36 to 51), the DPSP are essentially "Instructions" or a "Moral Code" for the government. Think of them as a compass for the State—whether it is the Parliament making a law or a local panchayat drafting a scheme, they must strive to follow these principles. Unlike Fundamental Rights, these are non-justiciable, meaning you cannot go to court to force the government to implement them immediately. However, Article 37 clarifies that they are "fundamental in the governance of the country" D. D. Basu, Introduction to the Constitution of India, Directive Principles of State Policy, p.177.

While the Constitution itself does not provide a formal classification, scholars typically group these principles into three ideological buckets based on their content and direction M. Laxmikanth, Indian Polity, Directive Principles of State Policy, p.109:

Category	Focus Area
Socialistic	Aims at social and economic justice; providing a framework for a Welfare State.
Gandhian	Based on the ideology of the national movement (e.g., village panchayats, cottage industries).
Liberal-Intellectual	Focuses on modern and progressive ideals (e.g., Uniform Civil Code, environment protection).

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), THE PHILOSOPHY OF THE CONSTITUTION, p.26; Introduction to the Constitution of India, D. D. Basu (26th ed.), Directive Principles of State Policy, p.177; Indian Polity, M. Laxmikanth (7th ed.), Directive Principles of State Policy, p.109

2. Socialist Principles and Article 39 (intermediate)

In the framework of the Indian Constitution, the Socialist Principles are designed to transform India into a welfare state. These principles aim to minimize inequalities in income, status, and opportunity, ensuring social and economic justice for all citizens. Article 39 serves as the cornerstone of these socialist directives, providing a specific roadmap for the State to follow in its policy-making.

Article 39 contains several vital clauses that direct the State to secure specific goals. For instance, Article 39(a) mandates that all citizens have the right to an adequate means of livelihood, while Article 39(d) explicitly directs the State to ensure equal pay for equal work for both men and women Introduction to the Constitution of India, D. D. Basu (26th ed.), THE PHILOSOPHY OF THE CONSTITUTION, p.30. This principle is not just a theoretical goal; it has been given teeth through legislation like the Equal Remuneration Act, 1976, and judicial interpretations that link it to the Right to Equality under Article 14 Indian Constitution at Work, NCERT Class XI, RIGHTS IN THE INDIAN CONSTITUTION, p.45.

Two clauses within this Article, 39(b) and 39(c), are considered so fundamental to the economic structure of the nation that they enjoy a unique legal status. They focus on the distribution of wealth and resources to prevent a monopoly of economic power in the hands of a few.

Article Clause	Core Objective	Impact
Article 39(b)	Ownership and control of material resources should be distributed to subserve the common good.	Justifies land reforms and nationalization of key industries.
Article 39(c)	The economic system must not result in the concentration of wealth and means of production.	Prevents monopolies and encourages fair economic competition.

Under Article 31C, laws made to implement these two specific principles (39b and 39c) are protected from being declared void even if they appear to conflict with the fundamental rights of equality (Article 14) or the six freedoms (Article 19) Indian Polity, M. Laxmikanth (7th ed.), Directive Principles of State Policy, p.114. This highlights the high priority the Constitution places on achieving an egalitarian economic order.

Sources: Introduction to the Constitution of India, D. D. Basu (26th ed.), THE PHILOSOPHY OF THE CONSTITUTION, p.30; Indian Constitution at Work, NCERT Class XI, RIGHTS IN THE INDIAN CONSTITUTION, p.45; Indian Polity, M. Laxmikanth (7th ed.), Directive Principles of State Policy, p.114

3. Fundamental Rights vs. DPSP: The Conflict and Balance (intermediate)

To understand the relationship between Fundamental Rights (FRs) and the Directive Principles of State Policy (DPSP), we must first look at their inherent nature. While FRs (Part III) act as prohibitions or limits on the state to protect individual liberty, DPSPs (Part IV) are positive obligations or goals for the state to achieve social justice. This creates a natural tension: can the state infringe upon an individual's right to achieve a collective good?

Initially, the judiciary held that FRs were superior because they are justiciable (enforceable by courts). However, the Parliament sought to elevate DPSPs to implement socialist reforms. This tug-of-war reached its peak with the 42nd Amendment Act (1976), which attempted to give precedence to all Directive Principles over the Fundamental Rights of Articles 14 and 19. The Supreme Court decisively settled this in the landmark Minerva Mills Case (1980). The Court ruled that the Indian Constitution is founded on the "bedrock of the balance" between Part III and Part IV. To give absolute primacy to one over the other would disturb the Basic Structure of the Constitution M. Laxmikanth, Landmark Judgements and Their Impact, p.629.

Today, the relationship is governed by the Doctrine of Harmonious Construction. Instead of seeing them as rivals, the courts interpret them as complementary—often described as "two wheels of a chariot." When a conflict arises, the court attempts to interpret the provisions such that effect is given to both without rendering either nugatory M. Laxmikanth, Important Doctrines of Constitutional Interpretation, p.668. Currently, a specific exception exists under Article 31C: laws made to implement the directives in Article 39(b) and 39(c) (distributive justice) are protected even if they violate the rights to equality (Article 14) or freedom (Article 19) D. D. Basu, Fundamental Rights and Fundamental Duties, p.94.

Feature	Fundamental Rights (Part III)	Directive Principles (Part IV)
Nature	Negative obligations (State must not do)	Positive obligations (State should do)
Enforceability	Justiciable in a court of law	Non-justiciable but fundamental to governance
Purpose	Establish Political Democracy	Establish Social and Economic Democracy

Sources: Indian Polity, M. Laxmikanth, Landmark Judgements and Their Impact, p.629; Indian Polity, M. Laxmikanth, Important Doctrines of Constitutional Interpretation, p.668; Introduction to the Constitution of India, D. D. Basu, Fundamental Rights and Fundamental Duties, p.94

4. Constitutional Safeguards for Vulnerable Sections (intermediate)

To achieve the Preamble's vision of social, economic, and political justice, the Indian Constitution acts as both a shield and a sword for vulnerable sections. It balances Formal Equality (treating everyone the same) with Substantive Equality (treating unequals unequally to bring them on par). This is primarily achieved through 'Protective Discrimination' under Fundamental Rights and guiding principles under the Directive Principles of State Policy (DPSP).

For women and children, the State is empowered by Article 15(3) to make special provisions, such as reservation in local bodies or free education. Furthermore, Article 39(d), a crucial DPSP, directs the State to ensure equal pay for equal work for both men and women M. Laxmikanth, Indian Polity, Fundamental Rights, p.79. While this specific principle is a directive and not a fundamental right, it has been given 'teeth' through legislation like the Equal Remuneration Act, 1976.

Regarding Backward Classes (BCs), the Constitution is intentionally flexible. While Articles 15(4) and 16(4) allow for special provisions and reservations in educational institutions and public employment, the term 'backward classes' is not explicitly defined in the text D. D. Basu, Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.113. Instead, Article 340 empowers the President to appoint a commission to investigate their conditions and determine criteria for identification, which usually includes social, educational, and economic factors.

Recently, the 103rd Amendment (2019) expanded this framework by adding Articles 15(6) and 16(6), which provide for the advancement of Economically Weaker Sections (EWS). This allows up to 10% reservation for citizens who do not fall under the SC, ST, or OBC categories, based on family income and other economic indicators D. D. Basu, Introduction to the Constitution of India, FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.108.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Fundamental Rights, p.79; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.113; Introduction to the Constitution of India, D. D. Basu (26th ed.), FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES, p.108

5. Investigating Backwardness: Article 340 (intermediate)

While the Constitution provides protections for Socially and Educationally Backward Classes (SEBCs), it famously avoids providing a rigid definition of who these classes are. Instead, Article 340 acts as an enabling provision, empowering the President to appoint a commission to investigate the conditions of backward classes within India. This commission is tasked with identifying the difficulties these groups face and recommending steps the Government should take to remove those obstacles and improve their condition M. Laxmikanth, Special Provisions Relating to Certain Classes, p.558. This investigative power is crucial because it bridges the gap between the intent of the Directive Principles (like Article 46, which seeks to promote the interests of weaker sections) and the execution of reservation policies under Articles 15 and 16. Historically, this power has been exercised through two landmark commissions. The First Backward Classes Commission was appointed in 1953 under Kaka Kalelkar. However, the most transformative was the Second Backward Classes Commission, appointed in 1979 under B.P. Mandal (the Mandal Commission) NCERT Class XII, Recent Developments in Indian Politics, p.146. The Mandal Commission was specifically asked to determine the criteria for defining 'backwardness' and eventually identified that caste and backwardness were deeply linked in the Indian context. Its recommendation for 27% reservation in central government jobs became a turning point in Indian politics and law Rajiv Ahir, After Nehru..., p.737. Today, the landscape has evolved. While Article 340 remains the source of investigative power for ad-hoc commissions, the 102nd Amendment Act of 2018 granted constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338-B D. D. Basu, Minorities, Scheduled Castes and Scheduled Tribes, p.460. This means that instead of just temporary investigative bodies, there is now a permanent constitutional watchdog to safeguard the interests of backward classes.

Sources: Indian Polity, M. Laxmikanth (7th ed.), Special Provisions Relating to Certain Classes, p.558; Politics in India since Independence, NCERT (2025 ed.), Recent Developments in Indian Politics, p.146; Introduction to the Constitution of India, D. D. Basu (26th ed.), MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.460; A Brief History of Modern India, Rajiv Ahir (2019 ed.), After Nehru..., p.737

6. The 'Undefined' Terms in the Indian Constitution (exam-level)

To master the Indian Constitution, one must understand not just what it says, but also what it refrains from defining. Our Constitution is a 'living document,' and its framers intentionally left certain terms undefined to allow the law to evolve with society. A classic example of this is the term 'Backward Classes.' While Articles 15(4) and 16(4) empower the State to make special provisions for them, the Constitution does not define who they are Introduction to the Constitution of India, MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.459. Instead, Article 340 provides for the appointment of a commission to investigate their conditions and determine the criteria for backwardness, which is generally understood today as social and educational backwardness. In contrast, some students mistakenly believe that certain principles or legal standards are 'undefined' or missing when they are actually explicitly stated as goals. For instance, 'Equal Pay for Equal Work' is not an undefined or vague concept; it is an explicit Directive Principle of State Policy (DPSP) under Article 39(d). It directs the State to ensure that men and women receive equal pay for equal work. While it wasn't a Fundamental Right initially, it is a clear constitutional mandate that the legislature has since strengthened through laws like the Equal Remuneration Act, 1976. It is also fascinating to note that while terms like 'Untouchability' and 'Minority' remain undefined, the Constitution does define specific administrative terms to prevent ambiguity. For example, it explicitly defines 'misbehaviour' in the context of removing members of Public Service Commissions to ensure a fair process Indian Polity, State Public Service Commission, p.428.

Comparison of Defined vs. Undefined Terms

Category	Status	Constitutional Reference
Scheduled Castes/Tribes	Defined	Article 366 (24) and (25)
Backward Classes	Undefined	Mentioned in Art. 15, 16, and 340 Introduction to the Constitution of India, p.459
Equal Pay for Equal Work	Explicit DPSP	Article 39(d)
Untouchability / Minority	Undefined	Articles 17 and 29-30

Sources: Introduction to the Constitution of India, MINORITIES, SCHEDULED CASTES AND SCHEDULED TRIBES, p.459; Indian Polity, State Public Service Commission, p.428

7. Legislative Action: The Equal Remuneration Act (exam-level)

In our journey through the Directive Principles of State Policy (DPSP), we encounter a crucial bridge where constitutional ideals meet legislative reality. While Article 39(d) of the Constitution directs the State to ensure "equal pay for equal work for both men and women," this was initially a non-justiciable principle—meaning you couldn't sue the government for it. To give this principle 'teeth,' the Parliament enacted the Equal Remuneration Act, 1976. This landmark legislation was designed to prevent discrimination, specifically against women, in matters of wages and recruitment for the same work or work of a similar nature. As noted in Democratic Politics-II. Political Science-Class X . NCERT, Gender, Religion and Caste, p.33, despite women often working more hours than men, their labor is frequently undervalued; this Act sought to correct that systemic imbalance.

Evolution is a constant in Indian law. Following the recommendations of the 2nd National Commission on Labour, the government recently undertook a massive exercise to simplify and rationalise 44 complex labour laws into four streamlined Labour Codes. In this process, the Equal Remuneration Act, 1976, along with three other major laws (the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; and the Payment of Bonus Act, 1965), was subsumed into The Code on Wages, 2019 Indian Economy, Nitin Singhania, Indian Industry, p.392. This shift ensures that the principle of non-discrimination in wages is not just a standalone goal but is integrated into the very fabric of how all wages are calculated and paid in India today.

One of the most significant modern additions under this new framework is the concept of a 'Floor Wage.' This is a statutory baseline set by the Central Government, below which no state-level minimum wage can fall. It applies universally to both the organized and unorganized sectors Indian Economy, Vivek Singh, Inclusive growth and issues, p.261. Because Labour is a subject on the Concurrent List of the Seventh Schedule, both the Centre and States have the power to legislate, but the Code on Wages provides a unifying national standard for equity.

Feature	Equal Remuneration Act, 1976	Code on Wages, 2019 (Current Status)
Nature	Standalone legislation for wage parity.	Subsumed/Amalgamated into a single code.
Scope	Focused primarily on gender-based wage parity.	Broadens scope; introduces 'Floor Wage' for all sectors.
Constitutional Root	Article 39(d) (DPSP).	Article 39(d) and Article 43 (Living wage, etc.).

Sources: Democratic Politics-II. Political Science-Class X . NCERT, Gender, Religion and Caste, p.33; Indian Economy, Nitin Singhania, Indian Industry, p.392; Indian Economy, Vivek Singh, Inclusive growth and issues, p.261; Indian Economy, Vivek Singh, Inclusive growth and issues, p.259

8. Solving the Original PYQ (exam-level)

This question is a classic application of your recent study on Directive Principles of State Policy (DPSP) and the Special Provisions for Certain Classes. To solve this, you must synthesize the factual knowledge of Article 39(d) with a nuanced understanding of how the Constitution uses terminology. While you learned that the State has a duty to implement social justice, this question tests whether you can distinguish between a functional provision and a formal definition within the constitutional text.

Let’s walk through the logic: Statement I fails because Article 39(d) explicitly mandates "equal pay for equal work for both men and women" as a directive to the State. Even though DPSPs are non-justiciable, they are still constitutional provisions. Statement II is the core of the challenge; while Article 340 discusses the "appointment of a Commission to investigate the conditions of backward classes," the Constitution remains textually silent on a specific definition or criteria for who qualifies. As highlighted in M. Laxmikanth’s Indian Polity, the identification is left to the President and commissions based on social and educational criteria, making Statement II factually correct. Therefore, the correct answer is (B) II only.

UPSC frequently uses the "No Provision" trap to see if you confuse non-justiciable principles (DPSPs) with non-existence. Just because a right isn't in Part III (Fundamental Rights) doesn't mean it's absent from the Constitution. Similarly, they exploit the gap between mentioning a term and defining it. Always remember: the Constitution defines very few terms (like "Scheduled Castes" under Article 366), and for others, it relies on Parliamentary legislation or Executive action to fill in the blanks. Mastering this distinction is key to avoiding these high-probability errors.