Framers of our Constitution made the Directive Principles non-justici...
- Though the Directive Principles are non-justiciable, the Constitution (Article 37) makes it clear that these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.
- The framers of the Constitution made the Directive Principles non-justiciable and legally non-enforceable because:
- The country did not possess sufficient financial resources to implement them. To implement all the directive principles the newly formed independent state would require an enormous amount of financial resources and this would be a challenge to the country. Keeping in this regard they were made non-justiciable. Hence, statement 1 is correct.
- The presence of vast diversity and backwardness in the country would stand in the way of their implementation. The directive principles are so diverse in character and constitutional makers felt that making them justiciable may create obstacles for the newly independent country as some of the directive principles like the Uniform Civil Code were opposed by some communities. They wanted to give the state sufficient time and a place of choosing to India's future leaders implement them. Hence, statement 2 is correct.
- Fundamental rights already have been made justiciable and making Directive principles justiciable will be meaningless. Hence statement 3 is not correct as making Directive Principles justiciable will not be meaningless and in fact making them justiciable can create a socially just and egalitarian society. They were not made justiciable for the above two reasons.
- The Constitution makers, therefore, taking a pragmatic view, refrained from giving teeth to these principles. They believed more in an awakened public opinion rather than in court procedures as the ultimate sanction for the fulfilment of these principles.
Framers of our Constitution made the Directive Principles non-justici...
The correct answer is option 'B' - 1 and 2 only.
The framers of the Indian Constitution made the Directive Principles of State Policy (DPSP) non-justiciable for several reasons:
1. Inadequate financial resources: The government at the time of framing the Constitution did not have sufficient financial resources to implement all the Directive Principles. The framers understood that enforcing these principles through the courts would require significant financial allocation, which would be a challenge for a newly independent and economically struggling country.
2. Diversity and backwardness: India is a diverse country with vast regional and socio-economic disparities. The framers recognized that the implementation of the Directive Principles would be hindered by these diversities and backwardness. What may work in one region may not be suitable for another. Therefore, making the Directive Principles justiciable would have been impractical and could have led to inconsistent judgments.
3. Fundamental rights already justiciable: The framers of the Constitution had already made the Fundamental Rights justiciable. The Fundamental Rights provide for individual liberties and freedoms and are enforceable by the judiciary. Making the Directive Principles justiciable would have been redundant as the courts would have been burdened with enforcing both the Fundamental Rights and the Directive Principles.
The Directive Principles of State Policy are a set of guidelines or principles that the government should strive to achieve. They lay down the ideals to be pursued by the State in governance and social welfare. These principles include provisions related to social justice, equality, education, health, and the welfare of various sections of society.
While non-justiciable, the Directive Principles are still of great importance as they serve as a moral and political compass for the government. The government is expected to take them into consideration while formulating policies and legislation. The Directive Principles act as a guiding force for the government to work towards the welfare and development of the people.
In conclusion, the framers of the Indian Constitution made the Directive Principles non-justiciable due to inadequate financial resources, the diversity and backwardness of the country, and the fact that the Fundamental Rights were already justiciable. This decision was made to ensure practicality, flexibility, and a balance between rights and responsibilities in the governance of the country.
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