Previous Year Question
Consider the following statements regarding the Directive Principles of State Policy:
The Principles spell out the socio-economic democracy in the country.
The provisions contained in these Principles are not enforceable by any court.
Which of the statements given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: C
Detailed Solution
Both statements are correct. The Directive Principles of State Policy are contained in Articles 36 to 51 of Part IV. Their purpose is to establish social and economic democracy and create a Welfare State.
Statement 1 is correct. Fundamental Rights primarily secure political democracy, whereas the Directive Principles prescribe the direction for social and economic democracy.
Socio-economic democracy requires not merely political equality but also meaningful opportunities relating to livelihood, education, health, justice and social security.
Important Directive Principles serving this purpose include:
Article 38: A social order based on justice and reduction of inequalities.
Article 39: Livelihood, equitable distribution of resources, prevention of concentration of wealth, equal pay and protection of workers and children.
Article 39A: Equal justice and free legal aid.
Article 41: Work, education and public assistance.
Article 42: Just and humane conditions of work and maternity relief.
Article 43: Living wage and a decent standard of life.
Article 46: Promotion of the educational and economic interests of weaker sections.
Article 47: Improvement of nutrition, standard of living and public health.
Statement 2 is correct. Article 37 expressly provides that the provisions contained in Part IV shall not be enforceable by any court. The Directive Principles are therefore non-justiciable.
Article 37 nevertheless also declares that:
These Principles are fundamental in the governance of the country.
It is the duty of the State to apply them while making laws.
Their implementation is thus not merely a matter of moral preference; they are constitutional directions to the legislature and executive. Although courts cannot directly compel their enforcement, elected governments remain politically accountable to the people for their implementation.
Directive Principles have inspired several institutional and legislative arrangements relating to free legal aid, Panchayati Raj, labour welfare, education, public health, environmental protection and social security.
Courts also employ the Directive Principles while interpreting Fundamental Rights. Constitutional interpretation seeks to maintain harmony between Parts III and IV.