Consider the following statements: With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon
1. Legislative function.
2. Executive function.
Which of the above statements is/are correct?
Correct Answer :
Neither 1 nor 2
Solution :
The correct option is Neither 1 nor 2.
Understanding the Directive Principles of State Policy (DPSP):
The Directive Principles of State Policy are enumerated in Part IV (Articles 36 to 51) of the Constitution of India. They serve as fundamental guidelines and ideals for the State to keep in mind while framing laws and policies. Their primary aim is to establish a social and economic democracy and to secure a welfare state.
Are DPSPs Limitations on State Functions?
Unlike Fundamental Rights (Part III), which act as negative obligations or limitations upon the power of the Executive and the Legislature to prevent arbitrary state action, the Directive Principles of State Policy are positive instructions/directives. They are fundamental in the governance of the country and mandate the State to apply these principles in making laws, rather than restricting or limiting legislative or executive functions.
Furthermore, Article 37 explicitly states that the provisions contained in Part IV are non-justiciable, meaning they are not enforceable by any court. Consequently, they do not impose legal limitations upon either:
1. Legislative function: DPSPs do not invalidate laws enacted by Parliament or State Legislatures if they conflict with these principles, nor do they limit legislative competence.
2. Executive function: DPSPs do not restrict the administrative or executive actions of the government.
Since the Directive Principles of State Policy act as affirmative guidelines rather than limitations on either function, both statements 1 and 2 are incorrect.
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