With reference to the provisions contained in Part IV of the Constitution

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 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:

  1. 1 only
  2. 2 only
  3. 1 and 3 only
  4. 2 and 3 only

Answer: D

Explanation

The phrase 'Directive Principles of State Policy' denotes the ideals that the State should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.

The Directive Principles resemble the 'Instrument of Instructions' enumerated in the Government of India Act of 1935. In the words of Dr. B.R. Ambedkar, '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 under the Government of India Act of 1935. What is called Directive Principles is merely another name for the instrument of instructions. The only difference is that they are instructions to the legislature and the executive'. 

The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State. They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They embody the concept of a 'welfare state' and not that of a 'police state', which existed during the colonial era. In brief, they seek to establish economic and social democracy in the country.

The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Nevertheless, the Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Hence, statements 2 and 3 are correct.

  • Exam Year: 2020