Question

The Directive Principles of State Policy (DPSP), unlike Fundamental Rights

• A. Are legally enforceable by courts.
• B. Are non-justiciable but are fundamental in the governance of the country.
• C. Supersede Fundamental Rights in matters of media regulation.
• D. Only apply to the legislative branch of the government.

Answer 1

Answer:

B. Are non-justiciable but are fundamental in the governance of the country.

• Directive Principles of State Policy (DPSP): Enshrined in Part IV (Articles 36 to 51) of the Constitution of India, DPSPs act as guidelines and principles for the state to establish a welfare state and secure socio-economic justice.

• Key Difference from Fundamental Rights:

  • Fundamental Rights (Part III) are justiciable, meaning citizens can directly approach the High Courts (Article 226) or the Supreme Court (Article 32) if their rights are violated.

  • DPSPs are non-justiciable, meaning no court can force the government to implement them if it lacks the resources or political will.

• Fundamental in Governance: Article 37 explicitly lays down that while the provisions contained in Part IV are not enforceable by any court, they are nevertheless "fundamental in the governance of the country," and it is the duty of the State to apply these principles in making laws.