Test: Directive Principles of State Policy - 1 - UPSC MCQ

All three statements provided are correct:

1. Statement 1: The Directive Principles are indeed not legally enforceable. Critics often describe them as 'pious superfluities,' suggesting they are like resolutions that are easily broken or ignored, much like New Year's resolutions.

2. Statement 2: Sir Ivor Jennings criticized the Directive Principles for being based on 19th-century England's political philosophy. He argued that they reflect Fabian Socialism without actual socialism, making them potentially outdated for the 21st century.

3. Statement 3: K. Santhanam highlighted the potential for conflicts between different levels of government due to the Directive Principles. He pointed out that the Centre could direct states on these principles, leading to possible dismissal of state governments or conflicts between the President and the Prime Minister, as well as between governors and chief ministers at the state level.

Therefore, all three statements are accurate reflections of the criticisms and potential issues related to the Directive Principles of State Policy.

Let's evaluate the statements regarding the Directive Principles of State Policy (DPSP) in the Indian Constitution:

Statement-I: "Directive Principles of State Policy (DPSP) in the Indian Constitution are legally enforceable by courts."

• This statement is incorrect. DPSPs are not legally enforceable by courts. They are guidelines for the state to follow in order to establish a just society but are not enforceable by law.

Statement-II: "The Directive Principles of State Policy encompass economic, social, and political aspects, aiming for justice, liberty, equality, and fraternity, aligning with the Constitution's Preamble."

• This statement is correct. DPSPs cover a broad range of goals and principles that aim to create social and economic conditions under which citizens can lead a good life, and they align with the ideals stated in the Preamble of the Constitution.

Therefore, the correct option is:

   2. Statement-I is incorrect, but Statement-II is correct.

Critics have argued that the Directive Principles of State Policy lack enforceability, being labeled as 'pious superfluities' and 'New Year's resolutions' that are only implementable when resources allow. This criticism stems from the perception that these principles, although significant guidelines, are not legally binding like fundamental rights but rather aspirational in nature, dependent on the practicality of their implementation.

• Statement 1: Both Legal rights and Fundamental Rights are protected by the Constitution is incorrect because only Fundamental Rights are explicitly protected by the Constitution. Legal rights, on the other hand, are protected by statutes and laws passed by the legislature, but they are not part of the Constitution.

• Statement 2: Fundamental Rights cannot be amended whereas legal rights can be amended is also incorrect. Fundamental Rights can be amended, but only by a constitutional amendment, as seen in the case of the 24th Amendment which allowed Parliament to amend Fundamental Rights. Legal rights, being statutory, can also be amended by ordinary legislation.

Thus, neither statement is correct. Hence, the correct answer is (d) Neither 1 nor 2.

Article 37 of the Indian Constitution states that the provisions of Part IV shall not be enforceable by any court. However, these principles are fundamental in the governance of the country, and it is the duty of the State to apply these principles in making laws.

• Statement 1: Both civil and criminal laws cannot be applied retrospectively is incorrect. Article 20(1) of the Indian Constitution provides protection against the retrospective application of criminal laws (ex post facto laws). However, civil laws can be applied retrospectively, and this provision does not apply to them.
• Statement 2: The protection against self-incrimination extends to both criminal and civil proceedings is also incorrect. Article 20(3) provides protection only in criminal cases, where a person cannot be compelled to be a witness against themselves. This protection does not extend to civil proceedings.

Thus, neither statement is correct. Hence, the correct answer is (d) Neither 1 nor 2.

Article 36 defines the term 'state' as in Part III of the Indian Constitution. It is important to understand the meaning of the term 'state' to comprehend the scope and applicability of the Directive Principles of State Policy.

• Statement 1: The concept of ‘equality before law’ is British in origin while the concept of ‘equal protection of laws’ is taken from the American Constitution is correct. The principle of "equality before law" comes from British common law, emphasizing that everyone is subject to the law, while "equal protection of laws" is derived from the U.S. Constitution, focusing on equal treatment under similar circumstances.
• Statement 2: Article 15(1) provides that: State shall not discriminate on following grounds: Religion, race, caste, sex or place of birth is correct. Article 15(1) of the Indian Constitution explicitly prohibits discrimination by the State on the grounds of religion, race, caste, sex, or place of birth.

Thus, both statements are correct. Hence, the correct answer is (c) Both 1 and 2.

The Directive Principles of State Policy are contained in Part IV of the Indian Constitution. These principles reflect a mix of humanitarian socialist precepts, Gandhian ideals, and democratic socialism.

The correct answer is:

3. Statement-I is correct, but Statement-II is incorrect

Here's why:

• Statement-I is correct because the Directive Principles of State Policy (DPSP) in India are not legally enforceable by courts. They are guidelines for the government to follow while making laws and policies.

• Statement-II is incorrect because DPSPs are not justiciable, meaning they cannot be enforced through legal mechanisms or courts. They are intended to guide the state in policy-making and governance but do not have the same legal force as Fundamental Rights.