Salient Features of the Constitution — II — Question 1
Back to all questionsThere are differences of opinion regarding the significance of both the Directive Principles and the Fundamental Rights. In this context explain the following:
(a) State any three differences between the Fundamental Rights and Directive Principles of State Policy.
(b) How do the Directive Principles complement Fundamental Rights?
(c) What is the importance of Directive Principles?
(a) Three differences between Directive Principles and Fundamental Rights are:
| Sl. No. | Directive Principles | Fundamental Rights |
|---|---|---|
| 1 | Directive Principles are provided in Part-IV of the constitution. | Fundamental Rights are provided in Part-III of the constitution. |
| 2 | Directive Principles are not justiciable or enforceable by any court of law. | Fundamental Rights are justiciable. The citizens can seek protection from a High Court or Supreme Court in case of infringement. |
| 3 | Directive Principles are meant for the government to create certain privileges for the citizens | Fundamental Rights are privileges in existence for the citizens to enjoy. |
(b) Although the Directive Principles are not justiciable like Fundamental Rights but they are necessary for creating an atmosphere where Fundamental Rights can be enjoyed. The Directive Principles give guidelines to the Government to make laws and draft their policies in accordance to the welfare of people. They provide a direction to the Courts in respect of safeguarding the rights of the citizens. Thus we can say that the Directive Principles and the Fundamental Rights complement each other.
(c) The importance of the Directive Principles are following:
- Directive Principles are in the nature of a pledge made by the framers of the Constitution to the people of India. They provide a framework, political, social and economic programme for a modern democratic State.
- The Directive Principles give guidelines to the governments to make laws and draft their policies, according to these fundamental principles. They provide an element of permanence in a democracy.
- They provide a measure to judge a government's performance.
- They enlighten and educate the people of what they can expect from the politicians whom they vote to power.
- They provide a direction to Courts in respect of safeguarding the rights of the citizens.
- The Directive Principles direct the government to move towards the goal of a Welfare State. They reflect the ideas of Justice, Liberty, Equality and Fraternity mentioned in the Preamble.
- Since public opinion backs the Directive Principles, the goal of establishing social and economic order is clearly laid out before the government.
- The 42nd Amendment Act, 1976 provides that if a law is made to give effect to any of the Directive Principles it will not be declared unconstitutional even if it takes away any of the rights under Articles 14, 19 and 31.
Chapter Overview: The Indian Constitution
The Indian Constitution is the supreme law of India, adopted on 26 November 1949 and enacted on 26 January 1950. It was drafted by the Constituent Assembly (389 members) chaired by Dr. Rajendra Prasad, with Dr. B.R. Ambedkar heading the Drafting Committee. The Constitution establishes India as a Sovereign, Socialist, Secular, Democratic Republic (the words Socialist and Secular were added by the 42nd Amendment in 1976).
The Constitution draws from multiple sources: parliamentary government from Britain, fundamental rights from the USA, directive principles from Ireland, the federal structure from Canada, and the emergency provisions from Germany. Key features include a written and lengthy constitution, a blend of rigidity and flexibility, single citizenship, an independent judiciary, universal adult suffrage, and fundamental rights balanced by fundamental duties. The Preamble declares the ideals of justice, liberty, equality, and fraternity as the guiding values of the nation.
Board Exam Weightage: 6-7 marks | Difficulty: Moderate
Sources of the Indian Constitution
| Feature | Source Country |
|---|---|
| Parliamentary government, Rule of Law | Britain |
| Fundamental Rights, Judicial Review | USA |
| Directive Principles of State Policy | Ireland |
| Federal structure with strong centre | Canada |
| Emergency provisions | Germany (Weimar) |
| Fundamental Duties | USSR |
| Concurrent List | Australia |
Must-Know Concepts
- Preamble: “We, the people of India” — declares sovereignty rests with the people; mentions justice, liberty, equality, fraternity
- Key dates: Constituent Assembly first met 9 December 1946; Constitution adopted 26 November 1949; enacted 26 January 1950 (Republic Day)
- Ambedkar’s role: Chairman of the Drafting Committee; called the “Father of the Indian Constitution”
- Features: Longest written constitution in the world, blend of federal and unitary, independent judiciary, single citizenship, universal adult suffrage
- 42nd Amendment (1976): Added “Socialist,” “Secular,” and “Integrity” to the Preamble; added Fundamental Duties
Common Mistakes to Avoid
- Confusing 26 November (adoption date) with 26 January (enforcement/Republic Day)
- Writing that “Socialist” and “Secular” were in the original Preamble — they were added in 1976
- Mixing up Dr. Rajendra Prasad (President of Constituent Assembly) with Dr. Ambedkar (Chairman of Drafting Committee)
- Stating India has a purely federal system — it is federal with a strong unitary bias
Scoring Tips
- Memorise the sources table — very frequently asked in matching-type questions
- Be able to explain each keyword in the Preamble: Sovereign, Socialist, Secular, Democratic, Republic
- For features questions, list at least 5-6 features with one-line explanations
Frequently Asked Questions
What is the significance of the Preamble?
The Preamble is the introduction to the Constitution, declaring India as a Sovereign Socialist Secular Democratic Republic. It embodies the ideals of justice, liberty, equality, and fraternity, and states that power comes from “We, the people.”
Why is the Indian Constitution called a “bag of borrowings”?
The Constitution drew features from multiple countries (Britain, USA, Ireland, Canada, etc.). However, these borrowed features were adapted to Indian conditions, making the Constitution unique and not merely a copy.
What makes India “quasi-federal”?
India has federal features (written constitution, division of powers, independent judiciary) but also strong unitary features (single citizenship, emergency powers, residuary powers with Centre, Governor appointed by Centre). This makes it federal in structure but unitary in spirit.