Laxmikant MCQs: Directive Principles of State Policy | Indian Polity for UPSC CSE PDF Download

Ans: (b)
Sol: Directive Principles of State Policy in the Indian Constitution serve as guiding principles for the government while formulating laws. These principles are not legally enforceable by the courts but are fundamental in the governance of the country, outlining the ideals that the state should strive to achieve. They cover a wide range of aspects including economic, social, and political dimensions, aiming at establishing a just and equitable society in line with the Constitution's Preamble. While courts cannot compel the implementation of these principles, they do play a significant role in shaping and evaluating laws based on these principles, ensuring that they align with the broader goals of justice, liberty, equality, and fraternity outlined in the Constitution.

Ans: (d)
Sol: 1. Statement 1: The Directive Principles of State Policy are not legally enforceable by courts. Article 37 of the Indian Constitution states that while the principles are fundamental in the governance of the country, they are not enforceable by any court. Therefore, this statement is incorrect.
2. Statement 2: Article 39 of the Indian Constitution indeed focuses on securing adequate means of livelihood for all citizens, preventing the concentration of wealth, and ensuring that the ownership and control of resources are distributed to best serve the common good. This statement is correct.
3. Statement 3: The Directive Principles aim to establish a 'welfare state' rather than a 'police state.' This aligns with the objectives of justice, liberty, equality, and fraternity outlined in the Constitution's Preamble, and emphasizes social and economic welfare. This statement is correct.
Thus, only statements 2 and 3 are correct, making Option D: 2 and 3 Only the right answer.

Ans: (b)
Sol: 1. Article 42: This article is incorrectly matched. Article 42 actually provides for just and humane conditions of work and maternity relief, not equal justice and free legal aid. Article 39A deals with equal justice and free legal aid.
2. Article 43: This article is correctly matched. Article 43 aims to secure a living wage, decent standard of life, and cultural opportunities for workers.
3. Article 46: This article is incorrectly matched. Article 46 promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections, and protects them from social injustice and exploitation. Article 48 deals with the prohibition of the slaughter of cows, calves, and other milch and draught cattle.
4. Article 47: This article is correctly matched. Article 47 aims to improve public health, raise the level of nutrition, and enhance the standard of living of people.
Thus, only the pairs associated with Articles 43 and 47 are correctly matched.

Ans: (c)
Sol: Directive Principles of State Policy, as per the Indian Constitution, are not legally enforceable by courts (Statement-I is correct). These principles focus on creating a 'welfare state' rather than a 'police state,' emphasizing social, economic, and political justice, liberty, equality, and fraternity (Statement-II is incorrect). Therefore, the correct answer is that Statement-I is correct, but Statement-II is incorrect.

Ans: (a)
Sol: Constitutional Advisor B.N. Rau recommended dividing individual rights into two categories: justiciable and non-justiciable. This division led to Fundamental Rights (justiciable) being placed in Part III and Directive Principles (non-justiciable) in Part IV of the Indian Constitution. Justiciable rights are legally enforceable by courts, while non-justiciable rights like Directive Principles are meant to guide the state in governance without being subject to judicial enforcement.

Ans: (c)
Sol: - Statement 1 is correct. The 42nd Amendment Act of 1976 indeed added Article 39A to the Constitution, which aims to promote equal justice and provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
- Statement 2 is incorrect. The 86th Amendment Act of 2002 altered Article 45 to focus on early childhood care and education for children below the age of six. It was Article 21A that was inserted to make education a fundamental right for children aged six to fourteen years, mandating free and compulsory education.
- Statement 3 is correct. The 44th Amendment Act of 1978 did revise Article 38 to direct the State to strive to minimize inequalities in income and eliminate inequalities in status, facilities, and opportunities among individuals and groups.
Therefore, the correct answer is Option C: 1 and 3 Only.

Ans: (c)
Sol: 1. Article 44 is correctly matched. It pertains to ensuring a uniform civil code for all citizens across the country.
2. Article 48A is correctly matched. It is related to the protection and improvement of the environment and safeguarding forests and wildlife.
3. Article 39A is incorrectly matched. Article 39A actually deals with promoting equal justice and providing free legal aid to the poor, not international peace and relations.
4. Article 43B is correctly matched. It was added by the 97th Amendment Act and requires the state to promote the voluntary formation, autonomous functioning, democratic control, and professional management of cooperative societies.

Ans: (b)
Sol: The Directive Principles of State Policy in India are regarded as non-justiciable and legally non-enforceable primarily due to practical considerations such as insufficient financial resources. This limitation stems from the belief that these principles should guide state policy and action but cannot be legally enforced through the judicial system. The Constitution makers intended for these principles to provide a moral and ethical compass for governance rather than being subject to strict legal enforcement, considering the diverse and developing nature of the country during its nascent years of independence.

Ans: (d)
Sol: Statement 1: This is correct. The Directive Principles of State Policy in India are indeed non-justiciable and legally non-enforceable. This status was given due to several practical considerations, including insufficient financial resources and the necessity for flexibility in a diverse and newly independent nation. This allows the government to decide the timing and manner of implementation based on available resources and priorities.
Statement 2: This is also correct. Critics have pointed out that the Directive Principles lack a consistent philosophy and are illogically arranged. They argue that the principles are not properly classified and mix important and less significant issues, leading to difficulties in implementation and interpretation.
Statement 3: This statement is correct as well. The Directive Principles have been described by L.M. Singhvi as the "life-giving provisions" of the Constitution, emphasizing their fundamental role in achieving social justice and economic democracy alongside political democracy. They are seen as crucial to fostering a social revolution and creating the conditions necessary for such transformation.
All three statements accurately reflect the discussion and criticism surrounding the Directive Principles of State Policy, making Option D the correct answer.

Ans: (c)
Sol: 1. Non-Enforceability Reasons - Correctly matched. The Directive Principles are indeed made non-justiciable and legally non-enforceable due to practical considerations like insufficient financial resources and the diversity and backwardness in the country. This was intended to allow flexibility for the newly independent India in deciding how and when to implement these principles.
2. Pragmatic Approach - Correctly matched. The Constitution makers did emphasize the role of an awakened public opinion rather than relying solely on court procedures. This reflects a pragmatic approach to implementing the Directive Principles through democratic processes and societal change.
3. Criticism: No Legal Force - Correctly matched. Critics have indeed described the Directive Principles as 'pious superfluities,' similar to New Year's resolutions, because they lack legal enforceability. This analogy highlights the perception of these principles as moral obligations rather than legally binding mandates.
4. Utility: Positive Opinions - Incorrectly matched. Dr. B.R. Ambedkar did not dismiss the Directive Principles; rather, he valued them for emphasizing "economic democracy" alongside political democracy. Ambedkar saw them as critical for fostering social justice and economic equality, which aligns with a positive view of their utility.
Thus, three pairs are correctly matched.

Ans: (a)
Sol: Statement-I correctly highlights that Directive Principles of State Policy lack legal enforceability and are often criticized for being like 'pious superfluities' that can only be implemented when resources permit.
Statement-II accurately reflects the criticisms directed towards Directive Principles, emphasizing their illogical arrangement, improper classification, and the absence of a consistent philosophy as noted by Sir Ivor Jennings.
Therefore, both statements are correct, and Statement-II indeed provides an explanation for Statement-I, as it elaborates on the criticisms and shortcomings associated with Directive Principles of State Policy.

Ans: (a)
Sol: The Champakam Dorairajan Case in 1951 ruled that in situations of conflict between Fundamental Rights and Directive Principles, Fundamental Rights take precedence. This case set a significant precedent by establishing the supremacy of Fundamental Rights over Directive Principles in the Indian legal framework. It emphasized the critical importance of upholding and protecting the fundamental liberties guaranteed to individuals, even in the face of conflicting social and economic directives.

Ans: (b)
Sol: The Directive Principles of State Policy in the Indian Constitution are designed to guide the government in establishing a just society. They are non-justiciable, meaning they are not legally enforceable by the courts, which differentiates them from Fundamental Rights. Let's analyze each statement:
1. Statement 1 is correct. The Directive Principles do serve as a common political manifesto. They outline the ideals that the state should strive towards, providing a framework for governance that transcends political ideologies. This role is crucial in maintaining stability and continuity in policies across different ruling parties.
2. Statement 2 is correct. The Directive Principles enable the opposition to critique the government by highlighting areas where the state has failed to comply with these guidelines. This serves as a form of political accountability, encouraging the government to stay aligned with the desired social and economic objectives.
3. Statement 3 is incorrect. The Directive Principles do not create a legally enforceable obligation. They are intended to be guidelines for the state to follow, but they cannot be enforced in a court of law. Their implementation relies on the political will of the government in power.
Thus, only statements 1 and 2 are correct, making Option B the right answer.

Ans: (b)
Sol: 1. Champakam Dorairajan Case (1951) - Correctly matched. This case established that in case of conflict, Fundamental Rights prevail over Directive Principles.
2. Golaknath Case (1967) - Incorrectly matched. In this case, the Supreme Court ruled that Fundamental Rights are "sacrosanct" and cannot be amended to give effect to Directive Principles. It was not until later amendments (24th and 25th) that Parliament asserted its power to amend Fundamental Rights.
3. Kesavananda Bharati Case (1973) - Incorrectly matched. This case established the basic structure doctrine, which limited Parliament's power to amend the Constitution, ensuring that Fundamental Rights cannot be completely overridden by Directive Principles.
4. Minerva Mills Case (1980) - Correctly matched. This case reaffirmed the importance of maintaining a balance between Fundamental Rights and Directive Principles, emphasizing that the goals of Directive Principles should be achieved without compromising the means provided by Fundamental Rights.
Thus, two pairs are correctly matched: 1 and 4.

Ans: (c)
Sol: Statement-I correctly highlights the historical conflict between Fundamental Rights and Directive Principles in India's constitutional framework. However, Statement-II oversimplifies the complex nature of this conflict. While it is true that the judiciary has affirmed the supremacy of Fundamental Rights over Directive Principles in certain cases, this relationship is nuanced and subject to interpretation depending on the context and specific legal issues at hand. The judiciary's stance on this matter is not as straightforward as presented in Statement-II, hence making it incorrect.