Question

UPSC Prelims 2017 Question:

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?

  1. 1. 1 only
  2. 2. 2 only
  3. 3. Both 1 and 2
  4. 4. Neither 1 nor 2

Answer (Detailed Solution Below)

Option 4: Neither 1 nor 2

Detailed Solution

Explanation: 

  • Directive Principles of State Policy (DPSP) mentioned in the Constitution of India are not justiciable and non-enforceable by any court. Hence, they do not constitute limitations either upon the executive or the legislative functioning. So, points 1 and 2 are not correct.

  • According to Article 37 of the Indian Constitution, the provisions contained in this Part 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.

  • Therefore, the limitations are not legal as such but nevertheless they have persuasive value along with the limitations of Constitutional Morality on the actions and acts of the State. Thus, the State while fulfilling its legislative as well as executive function has to keep in mind the principles laid down in Part IV of the Indian Constitution.

Therefore, option (4) is the correct answer.

Subject: Polity | Directive Principles of State Policy

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