Consider the following statements regarding the Directive Principles of State policy: 1. The Principles spell out the socio-economic democracy in the country. 2. The provisions contained in these Principles are not enforceable by any court. Which of the statements given above is/are correct?

Consider the following statements regarding the Directive Principles of State policy: 1. The Principles spell out the socio-economic democracy in the country. 2. The provisions contained in these Principles are not enforceable by any court. Which of the statements given above is/are correct? Correct Answer Both 1 and 2

The correct answer is Both 1 and 2.

Key Points

  • The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51.
  • This idea was borrowed from the Irish Constitution of 1937, which had copied it from the Spanish Constitution.
  • These principles were described as ‘novel features’ of the Indian Constitution by Dr BR Ambedkar and along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution, also described as the ‘Conscience of the Constitution’.

Features

  • They are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters where the phrase ‘Directive Principles of State Policy’ denotes the ideals that the 'State' (as defined in Article 36) should keep in mind while formulating policies and enacting laws.   
  • They resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935; in Ambedkar's words the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government and is merely another name for the instrument of instructions with only difference that they are instructions to the legislature and the executive.
  • They constitute a very comprehensive economic, social and political programme for a modern democratic State to aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution which embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era i.e. they seek to establish economic and social democracy in the country. Hence, Statement 1 is correct.
  • They are non-justiciable in nature i.e. they are not legally enforceable by the courts for their violation and therefore, the government (central, state and local) cannot be compelled to implement them but the Constitution (in Article 37) itself says that these principles 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. Hence, Statement 2 is correct.
  • Though non-justiciable in nature, they help the courts in examining and determining the constitutional validity of a law, as the Supreme Court has many times ruled that if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.

Related Questions

Statement No. 1: Directive Principles of State Policy are not enforceable by any Court.
Statement No. 2: Directive Principles of State Policy are fundamental in the governance of the country.