Question 37 of 46 · DPSP & Fundamental Duties
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SSC

The 'Instrument of Instructions' under the Government of India Act, 1935 served as a source for which part of the Indian Constitution?

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Answer: Option B — Directive Principles of State Policy

Detailed Solution

The Directive Principles of State Policy (Part IV) are similar in nature to the "Instrument of Instructions" that were issued to the Governor-General and the Governors of colonies under the Government of India Act, 1935.

What the Instrument of Instructions was:

  • It was a set of directions issued by the British government to the Governor-General and the provincial Governors, guiding them on how to exercise their powers.
  • These instructions were not enforceable in courts.

Dr. B.R. Ambedkar's comparison:

Dr. Ambedkar said that the Directive Principles are like the Instrument of Instructions, with the difference that they are instructions to the legislature and the executive.

He said that whoever comes to power will not be free to ignore them; he will have to answer for them before the electorate.

Main source of the Directive Principles:

  • The idea of Directive Principles was borrowed mainly from the Irish Constitution of 1937, which had "Directive Principles of Social Policy".
  • The Irish idea itself was influenced by the Spanish Constitution.

Nature of the Directive Principles:

  • They are non-justiciable: they cannot be enforced by courts (Article 37).
  • However, they are fundamental in the governance of the country, and the State has a duty to apply them in making laws.
  • They aim to establish a welfare state and social and economic democracy.

Classification:

  • Socialist principles: such as adequate means of livelihood, equal pay for equal work and the right to work.
  • Gandhian principles: such as village panchayats, cottage industries, prohibition of intoxicating drinks and protection of cows.
  • Liberal-intellectual principles: such as a uniform civil code, separation of the judiciary from the executive and protection of monuments.

Relationship with Fundamental Rights:

In the Minerva Mills case (1980), the Supreme Court held that the Constitution is founded on a balance between Fundamental Rights and Directive Principles.

Why not the other options?

  • ✗Fundamental Rights were borrowed mainly from the US Constitution.
  • ✗Fundamental Duties were borrowed from the former USSR.
  • ✗Emergency provisions were drawn from the 1935 Act itself, but not from the Instrument of Instructions.

Quick tip

Remember: DPSP resemble the Instrument of Instructions of the 1935 Act; main source = Irish Constitution.

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DPSP & Fundamental Duties — Preparation

This question tests your understanding of DPSP & Fundamental Duties, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Directive Principles of State Policy in Part IV (Articles 36-51), borrowed from the Irish Constitution, and the Fundamental Duties in Part IV-A (Article 51A), added on the recommendation of the Swaran Singh Committee by the 42nd Amendment in 1976. Questions often ask which article contains a directive (Article 44 on a uniform civil code, Article 40 on village panchayats, Article 45 on early childhood care), how DPSP differ from Fundamental Rights (they cannot be enforced in court), and how many Fundamental Duties there are now (eleven, after the 86th Amendment added the eleventh in 2002). Practise the DPSP and Fundamental Duties questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.