Q. 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:

  • 1 only
  • 2 only
  • 1 and 3 only
  • 2 and 3 only

Answer: (d) 2 and 3 only

Notes:
  • Part IV of the Indian Constitution deals with the Directive Principles of our State Policy (DPSP).
  • They denote the ideals that the governments in India, both Central as well as State, should keep in mind while formulating policies and enacting laws.
  • The provisions contained in this Part cannot be enforced by any court. DPSPs are positive obligations on the state, though not enforceable in a court of law.
  • The principles laid down in this part are to influence the making of laws by the State.
  • They constitute a very comprehensive socio-economic and political program that would aid in achieving socio-economic justice and setting the foundation for a modern and welfare state.
Features of the Directive Principles of State Policy
  • The salient features of the Directive Principles of State Policy (DPSP) in the Indian Constitution are as follows:
    • Constitutional Instructions: They denote the constitutional instructions to the State in dealing with legislative, executive, and administrative matters. Thus, they serve as ideals to be kept in mind by the state while formulating policies and enacting laws.
    • Non-Justiciable: Unlike the Fundamental Rights, which are legally enforceable, the DPSPs are non-justiciable. Thus, they are not legally enforceable by the courts for their violation and the governments cannot be compelled to implement them.
    • Aimed at Welfare State: They aim at realizing the ideals of Justice, Liberty, Equality, and Fraternity as envisaged in the Preamble to the Indian Constitution. Thus, they embody the concept of a ‘Welfare State’.
    • Aimed at Socio-Economic Democracy: They constitute very comprehensive economic, social, and political programs that seek to establish socio-economic democracy in the country. Thus, they aim to establish a modern democratic state.
    • Promote Good Governance: They allow for adaptation and innovation in governance to meet the objectives of socio-economic development. Thus, they promote good governance practices.
    • Resemblance to ‘Instrument of Instructions’: As noted by Dr. Ambedkar, they resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
    • Aids Judiciary: Though non-justiciable, they help the courts in examining and determining the constitutional validity of a law.
      • As ruled by the Supreme Court, in determining the constitutionality of any law, 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 and Equal Protection of Laws) or Article 19 (Protection of Six Freedoms).