Question map
Consider the following statements : 1. While the Fundamental Rights constitute limitations on State action, the Directive Principles are in the nature of instruments of instruction to the government of the day to do certain things and to achieve certain goals by their actions. 2. The Directive Principles, however, require to be implemented by legislations and so long as there is no law carrying out the policy laid down in a Directive Principle, neither the State nor an individual can violate any existing law or legal rights under the colour of getting a Directive. 3. The Directive Principles are enforceable in the courts and create justiciable rights in favour of the individual. Which of the statements given above is/are correct?
Explanation
Statement 1 is correct as Fundamental Rights act as negative obligations or limitations on State action, while Directive Principles (DPSP) are positive 'instruments of instruction' for the government to achieve socio-economic goals [3]. Statement 2 is correct because DPSPs are not self-executing; they require legislative implementation. Until such laws are enacted, the State cannot override existing legal rights or violate laws under the pretext of a Directive [3]. Statement 3 is incorrect because Article 37 explicitly states that Directive Principles are non-justiciable and shall not be enforceable by any court [1]. While they are fundamental in governance, they do not create enforceable legal rights for individuals in the same manner as Fundamental Rights [1]. Therefore, only statements 1 and 2 are accurate representations of the Indian constitutional framework.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > SANCTION BEHIND DIRECTIVE PRINCIPLES > p. 111
- [3] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 2: RIGHTS IN THE INDIAN CONSTITUTION > Non-justiciable rights > p. 46
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES > p. 113