Question

Which among the following is NOT a feature of Directive Principles of State Policy (DPSP)?
1. It is the duty of the State to apply these principles in making laws
2. They help the courts in examining and determining the constitutional validity of a law.
3. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.
4. All of the above options

Answer 1

Correct Answer - Option 3 : They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

The correct answer is Option 3.

• The Fundamental Rights are meant for promoting the idea of political democracy. 
• They prevent the establishment of an authoritarian and despotic rule in the country and protect the liberties and freedoms of the people against the invasion by the State. 
• They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

• Hence option 3 is not a feature of Directive Principles of State Policy (DPSP)

 

• The Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
• The Directive Principles, though non-justiciable in nature, help the courts in examining and determining the constitutional validity of a law. 
• Hence options 1 and 2 are features of Directive Principles of State Policy (DPSP).

• The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.
  • Therefore, the government (Central, state, and local) cannot be compelled to implement them.
• The Supreme Court has ruled many times that in determining the constitutionality of any law if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (equality before law) or Article 19 (six freedoms) and thus save such law from unconstitutionality.