According to Article 37 of the Indian Constitution, the provisions contained in the Directive Principles of State Policy are ________.

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  1. mandatory for citizens
  2. enforceable by any court
  3. only applicable to the union government 
  4. non-enforceable by any court 

Answer (Detailed Solution Below)

Option 4 : non-enforceable by any court 
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Detailed Solution

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The correct answer is non-enforceable by any court.

Key Points

  • Article 37 of the Indian Constitution states that the Directive Principles of State Policy (DPSP) are non-enforceable by any court.
  • It emphasizes that the principles are fundamental in the governance of the country and it is the duty of the State to apply them in making laws.
  • The DPSPs are intended to serve as guidelines for the government to establish a social and economic democracy in India.
  • While DPSPs are not justiciable, they hold moral and political significance and are considered a directive to the legislature and executive.
  • They form part of the Constitution's commitment to establishing a welfare state and promoting equitable distribution of resources.

Additional Information

  • Directive Principles of State Policy (DPSP):
    • They are enshrined in Part IV (Articles 36-51) of the Indian Constitution.
    • Inspired by the Irish Constitution, they aim to promote social justice, economic welfare, and international peace.
    • DPSPs are divided into three categories: Socialistic, Gandhian, and Liberal Intellectual principles.
    • Examples include provisions for livelihood, equitable distribution of wealth, promotion of cottage industries, and protection of the environment.
  • Enforceable vs Non-Enforceable:
    • Fundamental Rights (Part III) are enforceable and legally binding by courts.
    • DPSPs are non-enforceable but hold moral and political significance.
    • Courts cannot compel the State to implement DPSPs, but they serve as guidelines for policymaking.
  • Relation to Fundamental Rights:
    • Fundamental Rights prioritize individual freedoms, while DPSPs focus on collective welfare.
    • In case of conflicts, courts generally uphold Fundamental Rights over DPSPs.
    • However, certain amendments, like the 42nd Amendment, strengthened the role of DPSPs.
  • Significance of Article 37:
    • Although non-enforceable, Article 37 underscores the importance of DPSPs for governance.
    • It ensures the legislature and executive consider these principles while framing laws and policies.
    • DPSPs act as a blueprint for achieving a welfare state.
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