Previous Year Question
Consider the following statements:
With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon:
Legislative function
Executive function
Which of the above statements is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
The Directive Principles do not impose judicially enforceable limitations upon legislative or executive powers. They provide positive constitutional directions and policy guidance for establishing social and economic democracy. Therefore, both statements are incorrect.
The Directive Principles are contained in Articles 36 to 51 of Part IV. Article 37 determines their constitutional status:
They are not enforceable by any court.
They are fundamental in the governance of the country.
It is the duty of the State to apply them while making laws.
Statement 1 is incorrect. The Directive Principles do not constitute direct, negative and justiciable restrictions upon the law-making power of the legislature. A law does not automatically become invalid merely because it is inconsistent with a Directive Principle. Instead, they guide the legislature in making welfare-oriented laws.
Statement 2 is incorrect. They do not impose direct justiciable limitations upon executive action either. They prescribe policy objectives for the Government, but an individual ordinarily cannot demand their enforcement merely by alleging the violation of a Directive Principle.
Actual constitutional limitations upon legislative and executive powers primarily arise from:
Compliance with Fundamental Rights.
Constitutional distribution of legislative powers between the Union and the States.
The obligation to act under the Constitution and valid law.
Judicial review.
Constitutional principles such as separation of powers and the Rule of Law.
This does not make the Directive Principles unimportant. Courts use them while interpreting Fundamental Rights and attempt to maintain harmony between Parts III and IV. Numerous laws concerning education, legal aid, panchayats, labour welfare, public health and environmental protection have been inspired by these principles.
Under Article 31C, laws implementing Articles 39(b) and 39(c) may receive limited protection against challenges based on Articles 14 and 19. Such protection, however, does not place them completely beyond judicial review.
Thus, the Directive Principles are positive constitutional directions to the State, not direct justiciable limitations upon legislative or executive functions. Both statements are incorrect.