SSC · Railway
The provision that the Directive Principles of State Policy shall not be enforceable by any court, but are nevertheless fundamental in the governance of the country, is made in:
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Answer: Option C — Article 37
Detailed Solution
Article 37 provides that the provisions contained in Part IV (the Directive Principles of State Policy) shall not be enforceable by any court, but the principles laid down therein 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.
Meaning of "non-justiciable":
- A citizen cannot go to court to demand that the government implement a Directive Principle.
- The courts cannot declare a law invalid on the ground that it violates a Directive Principle.
Why they were made non-justiciable:
- When the Constitution was made, India did not have enough financial resources to implement all of them at once.
- The country was vast and diverse, and the government needed flexibility in deciding priorities.
- The makers of the Constitution wanted to set goals for the future, without burdening the courts.
Dr. B. R. Ambedkar's view:
- He said that the Directive Principles are like the "Instruments of Instructions" issued to the Governor-General and Governors under the Government of India Act, 1935.
- He said that although they are not enforceable, any government that ignores them will have to answer to the voters at election time.
Criticism:
- T. Shah described them as "a cheque on a bank, payable at the convenience of the bank".
- T. Krishnamachari called them "a veritable dustbin of sentiments".
Importance despite being non-justiciable:
- They guide the legislature and the executive in making laws and policies.
- The courts use them to interpret laws and the Fundamental Rights.
- Many laws and schemes have been based on them, such as land reforms, the abolition of zamindari, minimum wages, free legal aid, and the Panchayati Raj.
Why not the other options?
- ✗Article 36 defines "the State" for Part IV; Article 13 makes laws inconsistent with the Fundamental Rights void; Article 32 gives the right to constitutional remedies.
Quick tip
Remember: Article 37 = Directive Principles are not enforceable by courts but are fundamental in governance; K. T. Shah: "a cheque payable at the convenience of the bank".
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DPSP & Fundamental Duties — Preparation
This question tests your understanding of DPSP & Fundamental Duties, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Directive Principles of State Policy in Part IV (Articles 36-51), borrowed from the Irish Constitution, and the Fundamental Duties in Part IV-A (Article 51A), added on the recommendation of the Swaran Singh Committee by the 42nd Amendment in 1976. Questions often ask which article contains a directive (Article 44 on a uniform civil code, Article 40 on village panchayats, Article 45 on early childhood care), how DPSP differ from Fundamental Rights (they cannot be enforced in court), and how many Fundamental Duties there are now (eleven, after the 86th Amendment added the eleventh in 2002). Practise the DPSP and Fundamental Duties questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.