UPSC Prelims 2020 Q18: Indian Polity – Directive Principles Of State Policy
- (a) 1 only
- (b) 2 only
- (c) 1 and 3
- (d) 2 and 3 only
Answer: (d) 2 and 3 only
Explanation
Directive Principles: Enforceability & Legal Nature
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | DPSPs are enforceable by courts | FALSE | DPSPs are NON-JUSTICIABLE - courts cannot enforce them or award damages. No individual can move court for DPSP violation. |
| 2 | DPSPs NOT enforceable by any court | TRUE | This is the defining characteristic - DPSPs are binding on State policy but not enforceable in courts. |
| 3 | Principles lay down law-making influence | TRUE | Article 37 states: 'DPSPs shall not be enforceable by any court, but principles are fundamental in the governance of the country and it shall be the duty of State to apply these principles in making laws.' |
Statements 2 and 3 are correct. Answer: (d) 2 and 3 only.
Answer: (d) 2 and 3 only.
Why each option is right or wrong
- (a) Incorrect. Statement 1 is false - DPSPs are not enforceable.
- (b) Incorrect. Statement 1 is false.
- (c) Incorrect. Statements 2 and 3 are both correct.
- (d) CORRECT. Statements 2 (non-enforceable in courts) and 3 (influence state law-making) are correct. DPSPs are non-justiciable but guide policy.
Key point
DPSP Nature (Article 37): 'Not enforceable by any court but principles are fundamental in governance and State duty to apply in making laws.' Non-justiciable but politically binding on government.
Remember
Directive Principles of State Policy are NOT enforceable by any court (Statement 2 correct), but the principles laid down in this part are to influence the making of laws by the State (Statement 3 correct). They are non-justiciable but guide state policy and legislative action.
Common mistakes
- Confusing non-enforceability with non-importance. DPSPs guide policy and can be enforced through political accountability.
- Assuming DPSPs have no bite. Many DPSPs have been implemented (Panchayati Raj, Environmental Protection, Food Security).
- Missing that some DPSPs have become indirectly enforceable through FRs (Article 21 expanded to include right to pollution-free air via DPSP).
Exam tip
FRs vs DPSPs: FRs (Part III) are immediately enforceable via Article 32 (SC petition). DPSPs (Part IV) are non-justiciable but binding on government for policy. Example: Right to Education was in DPSP (Article 45) for 60 years before becoming FR (via 86th Amendment 2002).
Sources
- Constitution of India - Article 37 (Application of Directive Principles)
- Part IV: Directive Principles of State Policy (Articles 36-51)