Test: Directive Principles of State Policy - 2 - UPSC MCQ

The Directive Principles are not so enforceable by the courts nor can the courts declare as void any law which is otherwise valid on the ground that contravenes any of the Directives.

In this case, the Supreme Court declared that no law could be declared void on the ground of contravening the directive principles.

The 25th Amendment Act (1971) introduced Article 31C, which sought to protect a law seeking to implement a directive under 39 (b)-(c) from being declared ultra vires on the ground of contravening.

The Kesavanand Bharati case (1973) upheld the validity of the 25th Amendment Act, which introduced Article 31C to protect a law seeking to implement a directive under 39 (b)-(c) from being declared ultra vires on the ground of contravening.

The Minerva Mills case (1980) struck down the expansion of Article 31C to include any or all of the Directives in Part IV, on the ground that such total exclusion of judicial review would offend the 'basic structure' of the Constitution.

When a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31, the courts generally adopt the principle of "reasonable restriction". This principle allows the government to impose limitations on certain rights but ensures that these restrictions are not arbitrary and are proportionate to the objective sought to be achieved.

Articles 335, 350A, and 351 are not included in Part IV of the Constitution but are still given attention by courts on the application of the principle that all parts of the Constitution should be read together.

Article 38 aims to promote the welfare of people by ensuring a social order through social, economic, and political justice.

The concept of Directive Principles was borrowed from the Irish Constitution, which served as an inspiration for part of the Indian Constitution.

Important Articles related to DPSP:

• Article 38 - Promotion of welfare of the people.
• Article 40 - Organisation of Village Panchayats.
• Article 41 - Right to work, education, and to public assistance in certain cases.
• Article 44 - Uniform Civil Code (UCC) for the citizens.
• Article 42 - Provision of Maternity Relief is given under.

Article 51 outlines that the State shall strive to promote international peace and security and maintain just and honorable relations between nations.

Article 40 directs the State to organize village panchayats and enable them to function as units of self-government.

The 42nd Amendment (1976) (section 4) further expanded the scope of the directive principles under Art. 31C. It sought to protect any law implementing any of the directive principles from judicial review on the ground of violating Arts. 14 and 19.

Article 45 originally directed the State to provide free and compulsory education for children between the age of 6 and  14 years, though this has been amended under Article 21A to make it a Fundamental Right.

Article 39A mandates that the State should promote justice on the basis of equal opportunity and provide free legal aid to ensure that justice is not denied to any citizen due to economic or other disabilities.