Q. Consider the following statements: With reference to the Constitution of India, the Directive Principles of State Policy constitute- limitations upon legislative function
- limitations upon executive function
Which of the above statements is/are correct? (UPSC Prelims 2017)
Answer:
Neither 1 nor 2
Notes: The correct answer is
[D] Neither 1 nor 2. This question clarifies the fundamental distinction between Fundamental Rights and Directive Principles of State Policy (DPSP) in terms of their legal nature.
- Nature of DPSP (Statements 1 & 2 – Incorrect): Unlike Fundamental Rights, Directive Principles are non-justiciable (Article 37), meaning they are not enforceable by any court. They are "positive obligations" or instruments of instruction to the State. They do not act as limitations; instead, they serve as guidelines or goals that the State should strive to achieve through its legislative and executive functions to ensure socio-economic justice.
- Contrast with Fundamental Rights: It is the Fundamental Rights (Part III) that constitute limitations upon the State. They are "negative obligations" in the sense that they prohibit the State from doing certain things (e.g., discriminating against citizens or infringing on free speech). If a law or executive action violates a Fundamental Right, it can be declared void by the judiciary.
- Constitutional Mandate: Article 37 explicitly states that while these principles are not enforceable by law, they are "fundamental in the governance of the country" and it shall be the duty of the State to apply these principles in making laws.
Key Comparison Table:| Feature | Fundamental Rights (Part III) | Directive Principles (Part IV) |
| Nature | Negative (Limits state power) | Positive (Directs state action) |
| Justiciability | Justiciable (Enforceable by courts) | Non-justiciable |
| Objective | Political Democracy | Socio-economic Democracy |
| Legal Status | Legally binding | Morally and politically binding |