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Question

Which one of the following statements regarding the Directive Principles of State Policy is NOT correct?

The correct answer is
The Directive Principles of State Policy are not enforceable in the Courts

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.

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Important Questions from Directive Principles of State Policy

  1. With reference to Directive Principles of State Policy consider the following statements : 
    1. The Directive Principles of State Policy of Indian Constitution have been clearly divided into three parts i.e. Socialist, Gandhian and Liberal. 
    2. Directive principles of State Policy related to co-operative society (under Article 43) of Indian Constitution is taken from Nehru's objective resolution of 1946. 
    Which of the statements given above is/are incorrect?

  2. Consider the following pairs: 

    1. Equal Justice and Free Legal Aid : Article 36 of Constitution 

    2. Promotion of Cooperative Societies : Article 43B of Constitution 

    3. Participation of Workers in Management of Industries : Article 43A of Constitution 

    How many of the above pairs are correctly matched?

  3. Consider the following pairs :

     1. Right to adequate means of livelihood : Article 39(a) of Constitution 

    2. Equal pay for equal work for both men and women : Article 39(e) of Constitution 

    3. Right to work, education and public assistance : Article 41 of Constitution 

    How many of the above pairs are correctly matched?

  4. Consider the following pairs:
     1. Educational and economic interests of weaker sections: Article 45 of Constitution 

    2. Educational and economic interest of SCs & STs: Article 46 of the Constitution

     3. Organization of agriculture and animal husbandry : Article 47 of the Constitution 

    How many of the above pairs are correctly matched?

  5. Which of the following is NOT provided for under the Directive Principles of State Policy ?
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