Directive Principles of State Policy

21. According to the Constitution of India, which of the following are fun

According to the Constitution of India, which of the following are fundamental for the governance of the country?

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Fundamental Rights
Fundamental Duties
Directive Principles of State Policy
Fundamental Rights and Fundamental Duties
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According to the Constitution of India, the Directive Principles of State Policy are fundamental for the governance of the country.
Article 37 of the Constitution of India states: “The provisions contained in this Part [Part IV – Directive Principles of State Policy] shall not be enforceable by any court, but the principles therein laid down are nevertheless *fundamental in the governance of the country* and it shall be the duty of the State to apply these principles in making laws.” This article explicitly declares the DPSP as fundamental for governance. While Fundamental Rights are fundamental for individuals against the state, and fundamental duties are duties of citizens, the DPSP are the constitutional directives guiding the state’s policies and laws, making them fundamental for governance.
The Directive Principles aim at establishing a welfare state and social and economic democracy. They serve as a moral and political guide for the government in framing laws and policies. Although not legally enforceable, courts often consider DPSP when interpreting laws and determining the constitutionality of actions.

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22. ‘Economic Justice’ as one of the objectives of the Indian Constitution

‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in

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the Preamble and the Fundamental Rights
the Preamble and the Directive Principles of State Policy
the Fundamental Rights and the Directive Principles of State Policy
None of the above
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The correct answer is B) the Preamble and the Directive Principles of State Policy.
The Preamble of the Indian Constitution explicitly lists “Justice, social, economic and political” as one of the core objectives to be secured for all citizens. The Directive Principles of State Policy (Part IV of the Constitution) contain detailed provisions that guide the state in making laws and policies aimed at achieving these objectives, particularly social and economic justice. Articles like 38, 39, 41, 42, 43, and 47 embody the state’s commitment to ensuring economic justice through policies related to distribution of wealth, adequate means of livelihood, equal pay for equal work, right to work, education, public assistance, living wage, etc. While Fundamental Rights protect individuals and have indirect economic implications (e.g., right against exploitation), the positive concept of ‘Economic Justice’ as a directive principle for state policy is primarily enshrined in the Preamble and elaborated in the DPSPs.
Fundamental Rights are justiciable and primarily negative injunctions against the state, ensuring basic civil and political liberties. Directive Principles, on the other hand, are non-justiciable guidelines for the state to achieve socio-economic ideals, including economic justice. The Preamble serves as an introduction and lays down the fundamental values and philosophy of the Constitution, including the commitment to economic justice.

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23. Which one of the following statements with regard to the Directive Pri

Which one of the following statements with regard to the Directive Principles of State Policy is not correct?

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They are not enforceable in a court of law.
They can override all the fundamental rights.
They can be related to social and economic justice.
They can be related to giving free legal aid.
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The correct answer is B) They can override all the fundamental rights.
This statement is incorrect. Directive Principles of State Policy (DPSPs) are non-justiciable and cannot ordinarily override Fundamental Rights, which are justiciable. The relationship between Fundamental Rights and DPSPs has been a subject of judicial interpretation. While Parliament has the power to amend Fundamental Rights to implement DPSPs (as provided under Article 31C, though subject to judicial review regarding the ‘basic structure’), the DPSPs cannot automatically override all Fundamental Rights. The Supreme Court has often emphasized the harmony and balance between the two parts as essential for the constitutional scheme.
Statement A is correct as DPSPs are explicitly stated in Article 37 as not enforceable by any court. Statement C is correct; DPSPs aim to achieve social and economic justice, forming the basis of India’s welfare state objectives. Statement D is correct; Article 39A, a DPSP, directs the state to provide free legal aid to ensure justice is not denied due to economic or other disabilities.

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24. Which one of the following statements regarding the Directive Principl

Which one of the following statements regarding the Directive Principles of State Policy is NOT correct ?

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State shall follow the Directive Principles of State Policy both in the matter of administration as in the making of laws
The Directive Principles of State Policy embody the object of the State under the republican Constitution
The Directive Principles of State Policy have precedence over the Fundamental Rights in case of conflict between the two
The Directive Principles of State Policy are not enforceable in the Courts
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The statement that the Directive Principles of State Policy have precedence over the Fundamental Rights in case of conflict between the two is NOT correct.
Fundamental Rights (Part III) are justiciable and enforceable by courts, while Directive Principles of State Policy (Part IV) are non-justiciable and not enforceable by courts.
A) Article 37 states that DPSPs 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 implies they guide both administration and legislation.
B) DPSPs aim to realize the goals of a welfare state and socio-economic justice, reflecting the objectives of the Constitution.
C) In case of a conflict between Fundamental Rights and Directive Principles, Fundamental Rights generally hold primacy, as they are legally enforceable. While attempts were made through constitutional amendments (like Article 31C and the 42nd Amendment) to give precedence to some or all DPSPs over certain Fundamental Rights, the Supreme Court’s interpretations (e.g., in the Minerva Mills case) have upheld the supremacy of Fundamental Rights while advocating for a harmonious construction between the two parts of the Constitution. A blanket precedence of DPSPs over Fundamental Rights is not correct.
D) Article 37 explicitly states that the provisions contained in Part IV shall not be enforceable by any court.

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25. Which of the following is NOT provided for under the Directive Princip

Which of the following is NOT provided for under the Directive Principles of State Policy ?

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Right to work, to education and to public assistance in certain cases
Uniform Civil Code for the citizens
Separation of Judiciary from executive
Participation of workers in the management of local-self government
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Participation of workers in the management of local-self government is NOT specifically provided for under the Directive Principles of State Policy.
The Directive Principles of State Policy (DPSPs) are contained in Part IV of the Indian Constitution (Articles 36-51) and serve as guidelines for the state.
A) Right to work, to education and to public assistance in certain cases is covered under Article 41.
B) Uniform Civil Code for the citizens is covered under Article 44.
C) Separation of Judiciary from executive is covered under Article 50.
D) Article 43A (added by the 42nd Amendment) provides for the participation of workers in the management of *industries*. While Article 40 mandates the organisation of village panchayats (a form of local self-government), and Part IX and IXA deal extensively with Panchayats and Municipalities, there is no specific DPSP mandating the participation of workers in the management of local-self government bodies themselves.

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26. Which one of the following is not a part of the Directive Principles o

Which one of the following is not a part of the Directive Principles of State Policy?

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Uniform Civil Code for all citizens
Separation of Judiciary from Executive
Duty of the State to raise the level of nutrition and standard of living
Promotion of scientific temper, humanity and the spirit of inquiry and reform
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Promotion of scientific temper, humanity and the spirit of inquiry and reform is listed as a Fundamental Duty under Article 51A(h) of the Constitution. It is not a Directive Principle of State Policy.
Fundamental Duties (Part IVA) are distinct from Directive Principles of State Policy (Part IV). DPSPs are guidelines for the State, while Fundamental Duties are responsibilities of citizens.
Uniform Civil Code for all citizens is a DPSP (Article 44). Separation of Judiciary from Executive is a DPSP (Article 50). The duty of the State to raise the level of nutrition and standard of living is a DPSP (Article 47).

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27. Which one of the following concerns has found a place in both Fundamen

Which one of the following concerns has found a place in both Fundamental Duties and Directive Principles of State Policy?

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Safeguard of public property
Protection and improvement of environment, forests and wildlife
Respect for the rich composite culture
Promotion of cooperative societies
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Article 48A of the Directive Principles of State Policy (DPSPs) states that “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.” Article 51A(g) of the Fundamental Duties states that “it shall be the duty of every citizen of India… to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” Thus, the concern for the protection and improvement of the environment, forests, and wildlife is present in both DPSPs and Fundamental Duties.
Both the State (via DPSPs) and the citizens (via Fundamental Duties) have a responsibility towards protecting and improving the environment.
Safeguarding public property is a Fundamental Duty (Article 51A(i)) but not explicitly a DPSP. Respect for the rich composite culture is a Fundamental Duty (Article 51A(f)) but not a DPSP. Promotion of cooperative societies is a DPSP (Article 43B) but not a Fundamental Duty.

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28. Consider the following statements: 1. While the Fundamental Rights co

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?

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1, 2 and 3
1 and 3 only
1 and 2 only
2 only
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The correct answer is (C) 1 and 2 only.
– Statement 1: Fundamental Rights (Part III) are largely negative injunctions on the State, prohibiting it from doing certain things. Directive Principles of State Policy (Part IV) are positive obligations or guidelines to the State to promote social and economic welfare. This statement accurately describes the nature of FRs and DPSPs.
– 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.
– The relationship between Fundamental Rights and Directive Principles has evolved through judicial interpretation, sometimes leading to conflicts (e.g., Golaknath case vs. Kesavananda Bharati case). Currently, the position is that FRs are supreme, but DPSPs can be implemented by legislation provided they do not violate the basic structure of the Constitution.

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29. Who among the following described the Directive Principles of State Po

Who among the following described the Directive Principles of State Policy as the novel feature of the Constitution of India ?

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Jawaharlal Nehru
Rajendra Prasad
S.N. Mukherjee
B.R. Ambedkar
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Dr. B.R. Ambedkar, the Chairman of the Drafting Committee of the Indian Constitution, described the Directive Principles of State Policy (DPSP) as a ‘novel feature’ of the Indian Constitution in the Constituent Assembly.
– Directive Principles of State Policy (Part IV of the Constitution) are guidelines for the state to be kept in mind while framing laws and policies.
– They are non-justiciable, meaning they cannot be enforced by courts.
– Ambedkar saw them as a unique and significant aspect of the Indian Constitution, aiming at the establishment of a welfare state.
The DPSPs were inspired by the Constitution of Ireland. While non-justiciable, they are considered fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws (Article 37).

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30. Which one of the following is a non-justiciable right?

Which one of the following is a non-justiciable right?

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Right to adequate livelihood
Right against exploitation
Right of accused
Right to life and personal liberty
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The correct option is A, Right to adequate livelihood.
Rights in the Indian Constitution can be broadly classified into justiciable and non-justiciable rights. Justiciable rights, such as Fundamental Rights (Part III), are enforceable by the courts. Non-justiciable rights, such as the Directive Principles of State Policy (DPSPs, Part IV), are guidelines for the state and are not directly enforceable by courts. The Right to adequate livelihood is mentioned in Article 39(a) as a principle of policy to be followed by the State, falling under the Directive Principles of State Policy, which are non-justiciable.
Options B, C, and D are all Fundamental Rights guaranteed under Part III of the Constitution and are therefore justiciable. The Right against exploitation includes prohibition of forced labour and child labour (Articles 23-24). Rights of the accused are covered under various articles like Article 20 (protection in respect of conviction for offences), Article 21 (protection of life and personal liberty), and Article 22 (protection against arrest and detention). The Right to life and personal liberty is guaranteed under Article 21.

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