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Q88 (IAS/2020) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Directive Principles framework Official Key

With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct ? 1. They shall be enforceable by courts. 2. They shall not be enforceable by any court. 3. The principles laid down in this part are to influence the making of laws by the State. Select the correct answer using the code given below :

Result
Your answer: —  ·  Correct: D
Explanation

The correct answer is Option 4 (2 and 3 only) based on the provisions of Article 37 of the Indian Constitution.

According to Article 37, the Directive Principles of State Policy (DPSP) contained in Part IV are not enforceable by any court. This makes statement 1 incorrect and statement 2 correct. Unlike Fundamental Rights, a citizen cannot approach the judiciary to seek their implementation through writs.

However, the same Article explicitly declares that these principles are "fundamental in the governance of the country" and it shall be the duty of the State to apply these principles in making laws. This confirms that statement 3 is correct. The DPSP serves as a moral and political guide for the legislature and executive to ensure social and economic justice. Therefore, while they lack legal enforceability, they possess significant constitutional value in shaping national policy.

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Q. With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct ? 1…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a non-negotiable 'Sitter'. It tests the foundational definition of DPSP found in Article 37. If you get this wrong, you are statistically out of the race because 95% of serious aspirants will mark this correctly in under 30 seconds.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Are the provisions in Part IV of the Constitution of India (Directive Principles of State Policy) enforceable by courts?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 4: Salient Features of the Constitution > IDirective Principles of State Policy > p. 30
Presence: 5/5
“a IDirective Principles of State Policy According to Dr. B.R. Ambedkar, the Directive Princ iples of State Policy is a 'novel feature' of the Indian Constitution. They are enumerated in Part IV of the Constitution. They ca n be classified into three broad categoriessocia listic, Gandhian and liberal-intell ectual. The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a 'welfare state' in India. However, unlike the Fundamental Rights, the directives are 11011 justiciable in nature, that is, they are not enforceable by the courts for their violation.”
Why this source?
  • Explicitly states Directive Principles are not justiciable and are not enforceable by courts.
  • Contrasts Directive Principles with Fundamental Rights to highlight non-enforceability.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > FEATURES OF THE DIRECTIVE PRINCIPLES > p. 109
Presence: 5/5
“enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. 5. The Directive Principles, though nonjusticiable in nature, help the courts in examining and determining the constitutional validity of a law. The Supreme Court has ruled many a time that in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be 'reasonable' in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.”
Why this source?
  • Says the Directive Principles are non-justiciable in nature and government cannot be compelled to implement them.
  • Notes Article 37 makes them fundamental in governance but not enforceable, while courts may consider them when assessing constitutionality.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 177
Presence: 5/5
“PART IV of the Constitution [Articles 36-51] contains the Directive Principles of State Policy. Classification of the Directives. As shown in Table VI, these principles may be classified under several groups: (i) Certain ideals, particularly economic, which, according to the framers of the Constitution, the State] should strive for. (ii) Certain directions to the Legislature and the Executive intended to show in what manner the State should exercise their legislative and executive powers. (iii) Certain rights of the citizens, which shall not be enforceable by the courts like the "Fundamental Rights" are, but which the State shall nevertheless aim at securing, by regulation of its legislative and administrative policy.”
Why this source?
  • Defines Part IV (Articles 36–51) and states certain rights there shall not be enforceable by the courts like Fundamental Rights.
  • Classifies Directives as goals the State should aim to secure but not judicially enforceable.
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Statement analysis

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Which one of the following statements relating to the Directive Principles of State Policy is not correct?

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With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?

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Consider the following statements: 1. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by the action of a government authority. 2. Under Part III of the Constitution of India, individuals can enforce rights guaranteed by this Part when they are violated by not only the action of a government authority, but also by its inaction.