Question 40 from UPSC CSE 2020 - POLITY & GOVERNANC E

Question

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:

IASCODEX · Accepted Answer

Correct Option: D. 2 and 3 only

Strategy: Identify the core nature of Part IV, which houses the Directive Principles of State Policy (DPSPs). Recognize that these are non-justiciable, meaning courts cannot enforce them. Understand that DPSPs guide lawmaking rather than being directly enforced. The combination of their non-enforceability and guiding purpose helps determine the correct option.

Key Info: Part IV of the Indian Constitution comprises Articles 36 to 51, which embody the Directive Principles of State Policy (DPSPs). These principles are instructions to the State to frame policies and enact laws for establishing a just social order.

## Key Features of DPSPs
-   **Non-justiciable**: Article 37 explicitly states that no DPSP is enforceable in a court of law. This means individuals cannot approach courts for their direct enforcement.
-   **Guiding principles**: Article 37 also mandates that these principles, though unenforceable, 'are nevertheless fundamental in the governance of the country' and it is 'the duty of the State to apply these principles in making laws.'

Examples of DPSPs include provisions related to equal pay for equal work, promotion of educational and economic interests of Scheduled Castes and Tribes, promotion of cottage industries, protection of environment (Article 48A), and promotion of international peace.

**Context**: DPSPs are inspired chiefly by the Irish Constitution. Their non-justiciable nature distinguishes them from Fundamental Rights (Part III), which are enforceable by courts. The Supreme Court has cited DPSPs as being vital for achieving the goals of justice, liberty, and equality, and as an interpretative aid while adjudicating on the constitutionality of laws.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: 1 and 3 only