Directive Principles of State Policy: UPSC Previous Year Questions (Polity)

Explanation

Under the Indian Constitution, the Directive Principles of State Policy (DPSP), found in Part IV, outline the aims and objectives that the State should strive to achieve in order to promote social and economic justice. Among these, certain principles aim to reduce economic disparities and ensure that wealth is not concentrated in the hands of a few. Article 38:The State is directed to promote the welfare of the people by securing a social order based on justice, ensuring the distribution of wealth and resources so that there are no inequalities. Article 39 (b):The State should direct its policies towards ensuring that the ownership and control of material resources are distributed in such a way that it serves the common good. Article 39 (c):The State should ensure that the economic system does not result in the concentration of wealth and means of production in the hands of a few.

Explanation

DPSP embodies the concept of a ‘welfare state’. A welfare state refers to a concept of government in which the state plays a key role in the economic and social well-being of its citizens. Article 38 (1) states that "The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life".

Explanation

Part IV of the Constitution of India deals with the Directive Principles of State Policy (DPSP), which are outlined in Articles 36 to 51.

Statement 1 is incorrect: The DPSP are not enforceable by courts. According to Article 37, the DPSPs are not justiciable (i.e., they cannot be enforced through legal action in courts). They are not legally binding and do not carry any legal consequences if violated.

Statement 2 is correct: The provisions of the Directive Principles of State Policy are not enforceable by any court. This means that citizens cannot directly approach the courts for the enforcement of these principles, unlike Fundamental Rights (which are enforceable in court).

Statement 3 is correct: Although DPSPs are not enforceable by courts, they are intended to influence the state’s policies and lawmaking process. They act as guiding principles for the government to ensure that the laws passed are aligned with the values of social justice, equality, and welfare.

Explanation

Article 50 (Part IV, Directive Principle of State Policy) specifically addresses the separation of the judiciary from the executive. This principle is rooted in liberal-intellectual ideals, which align with the doctrine of separation of powers. The separation ensures that the legislative, executive, and judicial branches function independently, preventing the concentration of power in one branch. By doing so, it helps safeguard individual rights and freedoms, crucial for a functioning democracy.

Explanation

Statement 1 is correct: Free legal services are available to the groups of society that are listed under Section 12 of the Legal Services Authorities Act, they are:

Women and children Members of SC/ST Industrial workmen Victims of mass disaster, violence, flood, drought, earthquake industrial disaster Disabled persons Persons in custody Persons whose annual income does not exceed 1 lakh or may be prescribed by the State Government Beggars or those who have fallen victim to human trafficking.

Statement 2 is correct: Income limit for Transgender is Rs. 2,00,000.

Statement 3 is incorrect: Though there is a provision for free aid to members of SC and ST community, the Legal Services Authority does not mention Other Backward Classes (OBC) while providing free legal services.

Statement 4 is incorrect: The provision of free legal services to Senior Citizens is dependent on the rules framed by the respective state governments who can prescribe income limits. As a result, not all elderly people qualify for free legal assistance.

Explanation

The 42nd Constitutional Amendment Act of 1976, was enacted during the Emergency period under Prime Minister Indira Gandhi. It significantly altered the Constitution adding in the Preamble socialist, secular, and integrity objectives.

Option (b) is correct: The 42nd Amendment Act of 1976 added three new Directive Principles to the original list and they are:

Article 39 A: To promote equal justice and to provide free legal aid to the poor. Article 43 A: To take steps to secure the participation of workers in the management of industries. Article 48 A: To protect and improve the environment and to safeguard forests and wildlife.

Explanation

The directive principles are in the nature of instruments of instruction to the government of the day to achieve certain ends by their actions. Directive Principles of State Policy does not impose any limitations on any organ of the State but they act as moral and political obligations for the state to pursue welfare-oriented policies. It is a guideline that the government of the day can use for the welfare of the socially and economically backward classes while framing any rules. It is the fundamental rights that constitute limitations upon state action (whether legislative or executive).

Explanation

Statement 1 is correct: The Directive Principles deals with a very comprehensive economic, social and political programme for a modern democratic State. Article 38 deals with the promotion of the welfare of the people by securing and protecting a social order by ensuring social, economic and political justice and by minimising inequalities in income, status, facilities and opportunities. B.R. Ambedkar opined that the Directives have great value because they lay down that the goal of Indian polity is ‘economic democracy’ as distinguished from ‘political democracy’.

Statement 2 is correct: According to Article 37 Directive Principles are not enforceable in any court, but the principles therein laid down are nevertheless fundamental in the governance of the country.

Explanation

The Directive Principles of State Policy (DPSP) are mentioned under Articles 36 to 51 of the Indian Constitution. The DPSPs have been borrowed from the Constitution of Ireland. It constitutes a comprehensive socio economic and political programme for a modern democratic State. DPSP embodies the concept of a ‘welfare state’. Article 38 (1) states that "The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life".

Explanation

Article 51 is clear in dealing with the international peace and security and for achieving the same it directs the State to focus on:

Maintaining just and honourable relations with the nations. Foster respect for international law and treaty obligations. Encourage settlement of international disputes by arbitration.