Q. Consider the following statements:

With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon

  1. legislative function
  2. executive function

Which of the above statement(s) is/are correct?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:
  • The Directive Principles of State Policy (DPSP), as a unique feature of the Indian Constitution, aims to guide the nation toward the establishment of a just and equitable society.
  • The Directive Principles of State Policy (DPSP) in the Indian Constitution are not enforceable by the courts and do not constitute limitations on any specific government function, legislative, judicial, or executive.
  • Instead, they are guidelines for the state to frame policies and legislation that promote social and economic justice.
  • While they provide a broad framework for governance, they are not justiciable, meaning that the courts cannot enforce them in the same manner as fundamental rights.
Salient features of the Directive Principles of State Policy (DPSP):
  • 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).