Question
Download Solution PDFWith reference to the provisions contained in Part IV of the Constitution of India, which of the following statements is/are correct?
1. They shall be enforceable by courts.
2. They shall not be enforceable by any court.
3. 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:
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is option 4.
Key PointsDirective Principles of State Policy (DPSP):
- Part IV of the Indian Constitution contains the Directive Principles of State Policy, which serve as guidelines for the State in formulating and implementing policies and laws aimed at promoting social and economic welfare.
- These principles reflect the ideals of justice, liberty, equality, and fraternity, which are essential for achieving a just society.
- Enforceability:
- The provisions contained in this part cannot be enforced by any court.
- Hence, Statement 1 is incorrect
- This means that individuals cannot approach the courts to seek enforcement of these principles.
- The Supreme Court of India, in various judgments, has upheld that the DPSPs are not justiciable, meaning they do not carry legal obligations that can be enforced through judicial mechanisms.
- Hence, Statement 2 is correct.
- Influence on Lawmaking:
- The principles laid down in the DPSPs are intended to influence the making of laws by the State.
- This indicates that while these principles are not enforceable in a court of law, they play a critical role in shaping legislation and policies.
- It is the responsibility of the State to take these principles into account while drafting laws to ensure that they align with the broader goals of social justice and welfare. Therefore, Statement 3 is correct.
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