8

Question 8

Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)?
1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties
Select the correct answer using the code given below:

AOptions

A
A) 1 and 2 only
B
B) 2 only
C
C) 1 and 3 only
D
D) 1, 2 and 3

BSolution

The Universal Declaration of Human Rights (UDHR) of 1948 laid down fundamental human rights. The Constitution of India, drafted around the same period, incorporates many of these principles across various parts, not just Fundamental Rights.

1. Preamble: The Preamble of the Indian Constitution, with its ideals of Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and of opportunity), and Fraternity, reflects the spirit and many provisions of the UDHR. These ideals are foundational to human rights.

2. Directive Principles of State Policy (DPSP): Part IV of the Constitution, containing DPSPs, aims to establish a welfare state and secures economic and social justice. Many provisions within the DPSPs, such as the right to adequate means of livelihood (Article 39), the right to work, to education and to public assistance in certain cases (Article 41), living wage (Article 43), and the right to health, align directly with the economic, social, and cultural rights enumerated in the UDHR (e.g., Articles 23, 25, 26 of UDHR).

3. Fundamental Duties: Part IVA of the Constitution, containing Fundamental Duties, while not rights themselves, imposes duties on citizens to uphold the values that are essential for a just and harmonious society, which implicitly supports the broader framework of human rights. For instance, the duty to promote harmony and the spirit of common brotherhood (Article 51A(e)) contributes to an environment where human rights can flourish.

Given that Fundamental Rights directly incorporate civil and political rights from UDHR, the question specifically asks for *other* parts. The Preamble sets the stage, DPSPs provide social and economic directives, and Fundamental Duties encourage a rights-respecting society. Therefore, all three parts reflect the principles and provisions of the UDHR.

Diagram for Q8

CStrategy

When examining the influence of international documents on the Indian Constitution, look beyond explicit mentions. Understand the overarching philosophy and specific provisions of both documents. The Preamble sets ideals, DPSPs outline socio-economic goals, and Fundamental Duties emphasize civic responsibilities, all of which broadly align with universal human rights principles.

DSyllabus Analysis

This question falls under the Indian Polity section, focusing on the foundational principles of the Constitution of India, its philosophy, and its relationship with international human rights instruments.

EQuestion Analysis

Medium to Difficult. While the link between UDHR and Fundamental Rights is obvious, recognizing its reflection in the Preamble and Fundamental Duties requires a deeper conceptual understanding of the Constitution's spirit.