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Question

Through the 42 nd amendment, which of the new DPSP (Directive Principles of State Policy) was added to the Constitution ?

This question was previously asked in
UPSSSC PET 2022 Question Paper (16-Oct-2022) (Shift 2)
The correct answer is

Equal justice and free legal aid.

Understanding the 42nd Amendment and Directive Principles of State Policy (DPSP)

The Constitution of India contains Directive Principles of State Policy (DPSPs) in Part IV. These principles are guidelines for the central and state governments to be kept in mind while framing laws and policies. They are not enforceable by courts but are fundamental in the governance of the country.

The 42nd Amendment Act, 1976

The 42nd Amendment Act, 1976, also known as the 'Mini Constitution', made significant changes to the Indian Constitution, including adding several new DPSPs. This amendment aimed to give effect to the ideals of a welfare state and socio-economic justice.

Analyzing the Options

Let's examine each option to determine which DPSP was added by the 42nd Amendment Act, 1976:

  • Option 1: Prohibit the consumption of intoxicating drinks and drugs.

    This principle is mentioned in Article 47 of the Constitution. It was part of the original Constitution and was not added by the 42nd Amendment.

  • Option 2: Equal justice and free legal aid.

    This principle is enshrined in Article 39A of the Constitution. This specific article, dealing with equal justice and free legal aid to the poor, was explicitly added to the DPSPs by the 42nd Amendment Act, 1976. It aims to ensure that justice is not denied to any citizen merely on grounds of economic or other disabilities.

  • Option 3: Promote international peace and security between nations.

    This principle is mentioned in Article 51 of the Constitution. It was part of the original Constitution and was not added by the 42nd Amendment.

  • Option 4: State need to minimise inequalities in income, status, facilities and opportunities.

    While promoting social and economic justice is a core theme of DPSPs, the specific directive to minimise inequalities in income, status, facilities, and opportunities (Article 38(2)) was added by the 44th Amendment Act, 1978, not the 42nd Amendment.

DPSPs Added/Modified by the 42nd Amendment

The 42nd Amendment added or modified the following DPSPs:

Article Principle Details
Article 39A Equal justice and free legal aid Added to promote justice on a basis of equal opportunity and provide free legal aid.
Article 43A Participation of workers in management of industries Added to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
Article 48A Protection and improvement of environment and safeguarding of forests and wild life Added to direct the State to protect and improve the environment and to safeguard the forests and wild life of the country.

Based on the analysis, the DPSP regarding Equal justice and free legal aid (Article 39A) was added through the 42nd Amendment.

Revision Table: Constitutional Amendments and DPSPs

Amendment Act Year Key DPSP Changes/Additions
42nd Amendment 1976 Added Article 39A (Equal justice and free legal aid), Article 43A (Workers' participation), Article 48A (Environment protection).
44th Amendment 1978 Added Article 38(2) (Minimize inequalities).
86th Amendment 2002 Changed subject matter of Article 45 (Provision for early childhood care and education to children below the age of six years).
97th Amendment 2011 Added Article 43B (Promotion of co-operative societies).

Additional Information: Significance of DPSPs

Directive Principles of State Policy (DPSPs) represent the social and economic charter of the Constitution. While not legally enforceable, they serve as a moral compass for the government. They reflect the aspirations of the people and the goals of the welfare state envisioned by the Constitution makers. Their implementation helps in creating a society based on principles of justice, equality, and liberty. Courts interpret laws in light of DPSPs to uphold their spirit.

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