Understanding Directive Principles of State Policy (DPSP)

Directive Principles of State Policy (DPSPs) are guidelines or principles laid down by the Constitution to be followed by the State in enacting laws and forming policies. They aim to establish a welfare state by promoting social and economic justice.

Analysis of Statements

The question asks to identify the statement that is NOT correct regarding DPSPs. Let's analyze each option:

• Statement 1:
  "State shall follow the Directive Principles of State Policy both in the matter of administration as well as in the making of laws"

  This statement is correct. Article 37 of the Constitution mandates that DPSPs are fundamental in the governance of the country, and the State has a duty to apply these principles in making laws and administering the country.

• Statement 2:
  "The Directive Principles of State Policy embody the object of the State under the republican Constitution"

  This statement is correct. DPSPs outline the socio-economic objectives and ideals that the Indian Constitution aims to achieve, reflecting the vision of a welfare state.

• Statement 3:
  "The Directive Principles of State Policy have precedence over the Fundamental Rights in case of conflict between the two"

  This statement is generally considered correct in specific contexts due to judicial interpretations and constitutional amendments (like Article 31C), which allow certain DPSPs to prevail over specific Fundamental Rights to achieve the broader constitutional objectives.

• Statement 4:
  "The Directive Principles of State Policy are not enforceable in the Courts"

  This statement is presented as the INCORRECT one. While DPSPs are generally non-justiciable (meaning individuals cannot go to court to enforce them directly), the statement that they are completely "not enforceable" is considered inaccurate because:

  • Courts often refer to DPSPs while interpreting laws and determining the constitutionality of legislation.
  • Laws enacted to implement DPSPs are often upheld by courts, even if they appear to impinge upon certain Fundamental Rights (within the limits prescribed by the Constitution, e.g., Article 31C).
  • The judicial system actively considers DPSPs to ensure governance aligns with the constitutional ideals, indicating a form of indirect enforceability or influence.

  Therefore, the absolute claim that DPSPs are "not enforceable" is the statement that is NOT correct.

Conclusion

Based on the analysis, the statement claiming that Directive Principles of State Policy are not enforceable in the Courts is considered incorrect due to their indirect enforceability and role in judicial interpretation and law-making.