UPSC IAS - 2020

With reference to the provisions contained in Part IV of the Contitution of India, which of the following statements is/are correct? 1) They shall be enforceable by courts. 2) They shall not be Statement 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:

Year Asked: 2020

A
1 only
B
2 only
C
1 and 3 only
D
2 and 3 only

Correct Answer

D. 2 and 3 only

Detailed Explanation

The correct answer is D. Statement 2 and statement 3 are correct, and statement 1 is wrong.

  • Statement 1 is wrong. Article 37 says the Directive Principles of State Policy (Articles 36 to 51) shall not be enforceable by any court. Courts cannot compel the State to implement them, which is the basic difference from the Fundamental Rights in Part III.
  • Statement 2 is correct. It states the non-enforceability rule in Article 37, so it is the correct reading of the provision.
  • Statement 3 is correct. Article 37 also says these principles are fundamental in the governance of the country and it is the duty of the State to apply them in making laws. This is why DPSPs act as a moral and policy guide for legislation.

The core concept is the relationship between DPSPs and Fundamental Rights. The Supreme Court has repeatedly held that the two must be read harmoniously. Minerva Mills (1980) and Kesavananda Bharati (1973) are the key cases here. For Mains, the same idea explains how welfare schemes, such as the Mahatma Gandhi NREGA, draw their policy basis from DPSPs even though citizens cannot go to court to enforce them.

Trap: Aspirants often mark statement 1 as correct because DPSPs are described as 'fundamental in the governance of the country'. That phrase does not mean they are justiciable.

This question appeared in UPSC Prelims 2020 GS Paper-1 .

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