- Statement 1: Fundamental Rights (Part III) are largely negative injunctions on the State, prohibiting it from doing certain things. Directive Principles of State Policy (Part IV) are positive obligations or guidelines to the State to promote social and economic welfare. This statement accurately describes the nature of FRs and DPSPs. - Statement 2: Article 37 states that the Directive Principles are not enforceable by any court. They 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 means they require legislative action for implementation. Until a law is passed to implement a DPSP, the DPSP itself does not create enforceable rights or override existing laws. This statement is correct. - Statement 3: Article 37 explicitly states that the Directive Principles shall not be enforceable by any court. They are non-justiciable. Fundamental Rights, on the other hand, are justiciable and enforceable in courts (Articles 32 and 226). This statement is incorrect.
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?
Asked in UPSC CAPF 2013 · Topic: Directive Principles of State Policy (Enforceability and Non-Justiciable Nature of DPSPs)
More Indian Polity and Governance questions
- Which one of the following statements with regard to the Directive Principles of State Policy is not correct?
- 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 :
- Assertion (A) : Directive Principles of State Policy are not capable of being independently enforced in a Court of Law. Reason (R) : They act as guide post for legislation.
- If the Government of a State fails to enforce the Directive Principles of the State Policy, a citizen can move which among the following courts to file a writ petition to get them enforced?
- Directive Principles of State Policy is
- Identify the wrong statement regarding Directive Principles, out of the followings : - (1) These are mandate for functioning of all three organs of the State. - (2) These are similar to the instructions given in Government of India Act, 1935. - (3) These are consist of social welfare charter of Indian Constitution. - (4) On violation of these by State the courts can issue writs.
- What is the nature of Directive Principles of State Policy ?
- Consider the following statements: I. Through 44th Constitutional Amendment, 1978, all the Directive Principles of State Policy have been given preference over Fundamental Rights mentioned in Articles 14 and 19. II. Supreme Court has laid down in its verdict in Minerva Mills case, 1980 that the preference given only to Directive Principles of State Policy mentioned in Article 39(b) and (c) over Fundamental Rights mentioned in Articles 14 and 19 is Constitutional.