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CLAT Exam  >  CLAT Questions  >  Directive Principles of State Policy in the I... Start Learning for Free
Directive Principles of State Policy in the Indian Constitution were taken from the Constitution of
  • a)
    Canada
  • b)
    Britain  
  • c)
    Ireland  
  • d)
    USA
Correct answer is option 'C'. Can you explain this answer?
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Directive Principles of State Policy in the Indian Constitution were t...
The makers of the Constitution of India were influenced by the Irish nationalist movement. Hence, the Directive Principles of the Indian constitution have been greatly influenced by the Directive Principles of State Policy as enshrined in the Irish Constitution.
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Directive Principles of State Policy in the Indian Constitution were t...
The correct answer is option 'C' - Ireland.

The Directive Principles of State Policy (DPSP) in the Indian Constitution were indeed taken from the Constitution of Ireland. The DPSP are a set of guidelines and principles that the state is expected to keep in mind while formulating policies and making laws. They are not enforceable in court, but they serve as a moral and political compass for the government to work towards creating an ideal society.

The DPSP in the Indian Constitution were inspired by the Irish Constitution's "Directive Principles of Social Policy." The framers of the Indian Constitution, led by Dr. B.R. Ambedkar, admired the Irish Constitution for its emphasis on social justice, economic welfare, and the idea of a welfare state. They believed that incorporating similar principles into the Indian Constitution would help in the socio-economic development of the country.

Here are some key points about the DPSP in the Indian Constitution:

1. Aim: The DPSP aim to establish social, economic, and political justice in the country. They provide guidelines for the government to work towards the welfare of the people and the overall development of society.

2. Comprehensive Principles: The DPSP cover a wide range of areas, including social justice, economic welfare, international relations, governance, and environmental protection. They address various aspects of governance and strive for inclusive growth.

3. Social Justice: The DPSP emphasize the eradication of social inequalities, protection of marginalized communities, and promotion of equal opportunities for all citizens. They advocate for the abolition of untouchability, improvement in the status of women, and protection of the rights of children.

4. Economic Welfare: The DPSP focus on ensuring a just and equitable distribution of resources. They call for the elimination of poverty, promotion of rural development, and equitable distribution of wealth and resources.

5. Gandhian Principles: The DPSP also incorporate Gandhian principles, such as the promotion of cottage industries, decentralized planning, and the protection of the environment.

6. Limitations: While the DPSP serve as a guiding framework for the government, they are not enforceable in court. However, the Supreme Court has held that they are fundamental to the interpretation of laws and can influence judicial decisions.

In conclusion, the Directive Principles of State Policy in the Indian Constitution were borrowed from the Constitution of Ireland. They provide a set of guidelines for the government to work towards social, economic, and political justice in the country. Although not legally enforceable, they serve as an important moral and political compass for the government to create an inclusive and welfare-oriented society.
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Directions: Kindly read the passage carefully and answer the questions given beside.Part IV of the Constitution contains Directive Principles of State Policy which provide guidelines for the government to govern the country. These Directives are different from the Fundamental Rights contained in Part III of the Constitution and the ordinary laws of the land in several respects. They are not enforceable in courts and do not create any justiciable rights in favor of individuals. They require implementation by legislation and do not confer or take away any legislative power from the appropriate legislature. The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles, nor can they compel the government to carry out any Directives or to make any law for that purpose. However, it is the duty of the state to implement the Directives subject to the limitations imposed by different provisions of the Constitution upon the exercise of legislative and executive power by the state The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights — one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law Courts. Later on however, the former were put under the head ‘Fundamental Rights’ as Part III which we have already discussed and the latter were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’ which are discussed in the following pages. The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are neverthless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. The Directives, however, differ from the fundamental rights contained in PartIII of the Constitution or the ordinary laws of the land in the following respects: (i) The Directives are not enforceable in the courts and do not create any justiciable rights in favour of individuals. (ii) The Directives require to be implemented by legislation and so long as there is no law carrying out the policy laid down in a Directive, neither the state nor an individual can violate any existing law. (iii) The Directives per-se do not confer upon or take away any legislative power from the appropriate legislature. (iv) The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles. (v) The courts are not competent to compel the Government to carry out any Directives or to make any law for that purpose. (vi) Though it is the duty of the state to implement the Directives, it can do so only subject to the limitations imposed by the different provisions of the Constitution upon the exercise of the legislative and executive power by the state.Q. Sahil, an Indian citizen, submitted a petition to the High Court, contesting the constitutional validity of a state law that permitted private companies to acquire agricultural land for industrial purposes without obtaining the consent of farmers. Sahils argument centered on the assertion that this law contravened the Directive Principles of State Policy found in Part IV of the Constitution. These principles mandate that the state must safeguard the interests of farmers and promote agriculture. In response, the state government argued that the law was valid because it had been enacted to attract investments and generate employment opportunities, which are also significant constitutional objectives. Which of the following options accurately characterizes the relationship between the Directive Principles of State Policy and the fundamental rights of citizens?

Read the following passage and answer the question as directed.In September 2019, the Supreme Court described {X} as a "shining example"with a Uniform Civil Code, and observed that the founders of the Constitution had "hoped and expected" a Uniform Civil Code for India but there has been no attempt at framing one.A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc. {Y} of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.{Y} is one of the directive principles. These, as defined in Article 37, are not justifiable (not enforceable by any court) but the principles laid down therein are fundamental in governance. Fundamental rights are enforceable in a court of law. While {Y} uses the words "state shall endeavour", other Articles in the Directive Principles chapter use words such as "in particular strive"; "shall in particular direct its policy"; "shall be obligation of the state", etc. Article 43 mentions "state shall endeavour by suitable legislation", while the phrase "by suitable legislation" is absent in {Y}. All this implies that the duty of the state is greater in other directive principles than in {Y}.There is no doubt that fundamental rights are more important. The Supreme Court held in Minerva Mills (1980): "Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution". Article 31C inserted by the 42ndAmendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the fundamental rights under Articles 14{1} and 19.Indian laws do follow a uniform code in most civil matters – however, they have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws. Recently, several states refused to be governed by the uniform Motor Vehicles Act, 2019.If the framers of the Constitution had intended to have a Uniform Civil Code, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List. But "personal laws" are mentioned in the Concurrent List. Last year, the Law Commission concluded that a Uniform Civil Code is neither feasible nor desirable.Q."Directive Principles of State Policy" is a borrowed feature of which countrys Constitution?

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Directive Principles of State Policy in the Indian Constitution were taken from the Constitution ofa)Canadab)Britain c)Ireland d)USACorrect answer is option 'C'. Can you explain this answer?
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