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Question

Which one of the following Directive Principles was inserted by the Constitution (42 nd Amendment) Act, 1976?

The correct answer is

Equal justice and free legal aid

Understanding Directive Principles and Constitutional Amendments

The question asks about a specific Directive Principle of State Policy (DPSP) that was introduced into the Constitution of India by the 42nd Amendment Act of 1976. Directive Principles are guidelines or principles given to the central and state governments of India, to be kept in mind while framing laws and policies. They are enumerated in Part IV of the Constitution from Articles 36 to 51.

Constitutional amendments are changes made to the Constitution. The 42nd Amendment Act, 1976, is particularly significant and is often referred to as a 'mini-Constitution' due to the large number of changes it made, including additions to the list of Directive Principles.

Analyzing the Options

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

  1. The State shall minimise inequalities in income
  2. This directive is related to reducing inequalities not just in income but also status, facilities, and opportunities. It is mentioned in Article 38(2) of the Constitution. However, Article 38(2) was inserted by the 44th Amendment Act, 1978, not the 42nd Amendment.
  3. Equal justice and free legal aid
  4. This directive aims to ensure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This principle is enshrined in Article 39A of the Constitution. Article 39A was indeed inserted by the 42nd Amendment Act, 1976.
  5. Promotion of co-operative societies
  6. This directive states that the State shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. This is provided under Article 43B of the Constitution. Article 43B was inserted by the 97th Amendment Act, 2011.
  7. Provision for early childhood care
  8. This directive relates to the provision for early childhood care and education for children below the age of six years. This is part of Article 45 of the Constitution. The original Article 45 was about free and compulsory education for children up to 14 years. The phrasing regarding "early childhood care and education to all children until they complete the age of six years" was introduced by the 86th Amendment Act, 2002, which also made education a Fundamental Right under Article 21A.

Identifying the Correct Directive Principle

Based on the analysis of each option and the respective constitutional amendments that introduced them:

  • Minimising inequalities in income (Article 38(2)) was added by the 44th Amendment, 1978.
  • Equal justice and free legal aid (Article 39A) was added by the 42nd Amendment, 1976.
  • Promotion of co-operative societies (Article 43B) was added by the 97th Amendment, 2011.
  • Provision for early childhood care (part of Article 45) was modified/added by the 86th Amendment, 2002.

Therefore, the Directive Principle that was inserted by the Constitution (42nd Amendment) Act, 1976 is "Equal justice and free legal aid".

Directive Principle Relevant Article Amendment Act
Minimise inequalities in income Article 38(2) 44th Amendment Act, 1978
Equal justice and free legal aid Article 39A 42nd Amendment Act, 1976
Promotion of co-operative societies Article 43B 97th Amendment Act, 2011
Provision for early childhood care Article 45 86th Amendment Act, 2002 (Modification/Addition)

This table clearly shows the origin of each of the Directive Principles mentioned in the options.

Revision Table: Key Directive Principles and Amendments

Article Directive Principle Amendment Added/Modified By
38(2) Minimise inequalities in income, status, facilities, and opportunities 44th Amendment, 1978
39A Equal justice and free legal aid 42nd Amendment, 1976
43A Participation of workers in management of industries 42nd Amendment, 1976
43B Promotion of co-operative societies 97th Amendment, 2011
45 Provision for early childhood care and education (modified) 86th Amendment, 2002
48A Protection and improvement of environment and safeguarding of forests and wild life 42nd Amendment, 1976

Additional Information on 42nd Amendment and DPSPs

The 42nd Amendment Act, 1976, added four new Directive Principles to the original list:

  • Article 39: To secure opportunities for healthy development of children (earlier part of Art 39(f)).
  • Article 39A: To promote equal justice and provide free legal aid to the poor.
  • Article 43A: To take steps to secure the participation of workers in the management of industries.
  • Article 48A: To protect and improve the environment and to safeguard forests and wild life.

This amendment significantly expanded the scope of Directive Principles, aiming to move India towards a socialist pattern of society and reinforce the welfare state concept. Understanding which DPSPs were added by specific amendments helps in appreciating the evolving nature of the Indian Constitution and the changing priorities of the state over time.

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