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:
A1 only
B2 only
C1 and 3 only
D2 and 3 only
Answer & Solution
Correct answer: D. 2 and 3 only
Answer: D. Statements 2 and 3 are correct (DPSPs are NOT enforceable by courts; they DO influence law-making).
PART IV of the Constitution of India (Articles 36 to 51) lays down the DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs), inspired by the Irish Constitution.
Statement 1 is WRONG. DPSPs are NOT ENFORCEABLE in courts. They cannot form the basis of a writ petition for direct enforcement. ARTICLE 37 expressly states: 'The provisions contained in this Part shall not be enforceable by any court.'
Statement 2 is CORRECT. Article 37 itself declares that DPSPs SHALL NOT BE ENFORCEABLE BY ANY COURT. This is the textual non-justiciability clause.
Statement 3 is CORRECT. Article 37 continues: 'but the principles therein laid down are nevertheless FUNDAMENTAL IN THE GOVERNANCE OF THE COUNTRY and it shall be the DUTY OF THE STATE TO APPLY THESE PRINCIPLES IN MAKING LAWS.' The DPSPs therefore positively guide the formulation of legislation, policy, and administrative action. The state is constitutionally obligated to be guided by them, even though enforcement is not via courts.
PRACTICAL IMPACT:
1. Numerous legislations operationalise DPSPs: Right to Education Act 2009 (Article 45), MGNREGA 2005 (Article 39, 41), Maternity Benefit Act (Article 42), Mines and Minerals Acts (Article 39), Equal Remuneration Act (Article 39(d)), Forest Rights Act (Article 46).
2. Courts use DPSPs as INTERPRETIVE AIDS to read Fundamental Rights (e.g., Right to Life under Article 21 expanded to include education, health, food, shelter, environment, drawing on DPSPs).
3. Through the 42nd and 44th Constitutional Amendments, the relationship between Fundamental Rights and DPSPs has been clarified (Minerva Mills 1980 maintained the balance).
So statements 2 and 3 capture the dual nature of DPSPs: non-justiciable but mandatorily formative.
Source: Constitution of India Articles 36-37; Minerva Mills vs Union of India (1980); NCERT Class 11 Indian Constitution at Work.
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