Question map
Consider the following statements : With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon 1. legislative function. 2. executive function. Which of the above statements is/are correct ?
Explanation
The correct answer is option D (Neither 1 nor 2). While the Fundamental Rights constitute limitations upon State action, the Directives are in the nature of instruments of instruction to the Government of the day to do certain things and to achieve certain ends by their actions.[2] This clearly establishes that Directive Principles are not limitations but rather positive instructions to guide governmental action.
The Directive Principles denote the ideals that the State should keep in mind while formulating policies and enacting laws, and are constitutional instructions or recommendations to the State in legislative, executive and administrative matters.[3] Unlike the Fundamental Rights, the directives are non-justiciable in nature, that is, they are not enforceable by the courts for their violation.[4]
Since Directive Principles are recommendatory instructions rather than binding limitations, and cannot be enforced by courts, they do not constitute limitations upon either legislative or executive functions. They serve as guiding principles for governance, not constraints on state power.
Sources- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 179
- [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 179
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > FEATURES OF THE DIRECTIVE PRINCIPLES > p. 108
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 4: Salient Features of the Constitution > IDirective Principles of State Policy > p. 30
PROVENANCE & STUDY PATTERN
Guest previewThis is a foundational 'Nature of Constitution' question. It tests the binary distinction between Part III (Negative/Limitations) and Part IV (Positive/Instructions). If you treat DPSP as mere text without understanding their legal character (non-justiciable), you fall into the trap.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Do the Directive Principles of State Policy in the Constitution of India constitute limitations upon the legislative function of the State?
- Statement 2: Do the Directive Principles of State Policy in the Constitution of India constitute limitations upon the executive function of the State?
- Explicitly contrasts Directives with Fundamental Rights, stating Fundamental Rights are limitations on State action while Directives are instruments of instruction to the government.
- Says Directives require implementation by legislation and do not themselves create enforceable limits on State action.
- States Directive Principles are not justiciable/enforceable by courts, implying they do not operate as legal limitations on legislative action.
- Emphasises Directive Principles aim at welfare goals rather than creating enforceable constraints.
- Describes Directive Principles as constitutional instructions or recommendations to the State in legislative, executive and administrative matters, i.e., guidance rather than binding limits.
- Defines the term 'State' broadly but frames Directives as ideals the State should keep in mind while formulating policies and laws.
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