Previous Year Question
With reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct?
They shall be enforceable by courts.
They shall not be enforceable by any court.
The principles laid down in this Part are to influence the making of laws by the State.
Select the correct answer using the code given below.
Only 1
Only 2
1 and 3
2 and 3
Correct Answer: D
Detailed Solution
Part IV of the Constitution, comprising Articles 36 to 51, contains the Directive Principles of State Policy. Article 37 determines their constitutional status.
Statement 1 is incorrect. The Directive Principles are not enforceable through courts. An individual cannot directly approach a court to compel the State to implement a particular Directive Principle.
Statement 2 is correct. Article 37 expressly provides that the provisions contained in Part IV shall not be enforceable by any court. They are, therefore, described as non-justiciable principles.
Statement 3 is correct. Article 37 also declares that these principles are fundamental in the governance of the country and that it is the duty of the State to apply them while making laws. They consequently guide legislative and executive policy.
Their constitutional position can be understood as follows:
They do not confer directly enforceable rights upon individuals.
They seek to establish social and economic democracy and a welfare state.
They provide constitutional guidance for public policies, welfare programmes, budgets and socio-economic legislation.
Fundamental Rights and Directive Principles are complementary components of the Constitution’s programme of social transformation.
Important examples include Article 38 on a welfare-oriented social order, Article 39 on adequate livelihood and equitable distribution of resources, Article 39A on equal justice and free legal aid, Article 42 on humane working conditions and maternity relief, and Article 47 on nutrition and public health.