Question 6 from UPSC CSE 2017 - Polity and
Governance

Question

Consider the following statements:
1. With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon legislative function.
2. With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon executive function.
Which of the above statements is/are correct?

IASCODEX · Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: The core of this question lies in understanding the term **'limitations'** in a constitutional context. 'Limitations' on state power are typically negative, enforceable restrictions, a characteristic of **Fundamental Rights**, not Directive Principles. DPSPs are **positive directives** or goals for the state to achieve. They are non-enforceable instructions that guide legislative and executive actions, rather than legally restricting them. Since both statements mischaracterize DPSPs as 'limitations', they are incorrect.

Key Info: ## Directive Principles of State Policy (DPSP)
- Contained in Part IV (Articles 36 to 51) of the Constitution of India. The concept was borrowed from the Irish Constitution of 1937.
- DPSPs are fundamental guidelines or instructions for the State (Central, state, and local governments) to follow while framing laws and policies. They aim to establish a 'welfare state' by promoting social and economic justice.
- **Nature**: They are positive obligations on the state to work towards certain goals (e.g., securing a living wage, providing free legal aid). They are not negative injunctions that prohibit the state from doing something.
- **Article 37**: This article is crucial as it explicitly states that the provisions contained in Part IV "shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws."
- Thus, DPSPs are non-justiciable and serve as moral and political directives, not legal limitations on legislative or executive functions.

## Fundamental Rights (FRs)
- Contained in Part III (Articles 12 to 35) of the Constitution. They are largely inspired by the Bill of Rights of the US Constitution.
- **Nature**: Fundamental Rights are primarily negative obligations on the State, acting as prohibitions against certain actions. For example, Article 15 prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth.
- **Function as Limitations**: Because they are justiciable (enforceable by courts under Articles 32 and 226), they act as direct **limitations** on the powers of the legislature and the executive. Any law or executive action that infringes upon a Fundamental Right can be declared unconstitutional and void by the judiciary.
- This makes FRs the primary source of limitations upon governmental functions, unlike DPSPs, which are aspirational goals.

## Relationship and Distinction between DPSP and Fundamental Rights
- **Conflict**: FRs are legally enforceable rights of individuals, while DPSPs are non-enforceable duties of the State. This has led to judicial conflict, particularly when a law made to implement a DPSP infringes upon an FR.
- **Judicial Interpretation**: In the *State of Madras vs. Champakam Dorairajan case (1951)*, the Supreme Court ruled that in case of any conflict, Fundamental Rights would prevail over DPSPs.
- **Harmonious Construction**: In the landmark *Minerva Mills case (1980)*, the Supreme Court established the doctrine of 'harmonious construction'. It held that the Indian Constitution is founded on the bedrock of the balance between FRs and DPSPs. They are complementary and supplementary to each other, and one cannot be read to exclude the other. Together, they constitute the conscience of the Constitution.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2