Consider the following statements about Directive Principles of State Policy:

1. They are fundamental in the governance of the country.

2. The 24th Constitutional Amendment Act has made them non-enforceable by any court.

3. They explicitly direct for separation of Judiciary from the executives.

Which of the above statement(s) is/are correct?

Solution

● Statement 1 is correct and Statement 2 is incorrect: Article 37 provides that “The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down 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.” Thus, Article 37 (included originally into the Constitution) makes it clear that DPSPs are non-enforceable by any court. ● Statement 3 is correct: Article 50 provides that “The State shall take steps to separate the judiciary from the executive in the public services of the State.”