Consider the following statements:
1. While the Fundamental Rights constitute limitations on State action, the Directive Principles are in the nature of instruments of instruction to the government of the day to do certain things and to achieve certain goals by their actions.
2. The Directive Principles, however, require to be implemented by legislations and so long as there is no law carrying out the policy laid down in a Directive Principle, neither the State nor an individual can violate any existing law or legal rights under the colour of getting a Directive.
3. The Directive Principles are enforceable in the courts and create justiciable rights in favour of the individual.
Which of the statements given above is/are correct?
1, 2 and 3
1 and 3 only
1 and 2 only
2 only
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CAPF – 2013
– Statement 2: Article 37 states that the Directive Principles are not enforceable by any court. They are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws. This means they require legislative action for implementation. Until a law is passed to implement a DPSP, the DPSP itself does not create enforceable rights or override existing laws. This statement is correct.
– Statement 3: Article 37 explicitly states that the Directive Principles shall not be enforceable by any court. They are non-justiciable. Fundamental Rights, on the other hand, are justiciable and enforceable in courts (Articles 32 and 226). This statement is incorrect.