Q17 · UPSC Prelims 2017 · Set A · Polity and Governance

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Consider the following statements:With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon1.legislative function.2.executive function.Which of the above statements is/are correct?

A 1 only
B 2 only
C Both 1 and 2
D Neither 1 nor 2

Correct answer: (d) Neither 1 nor 2

Explanation

  1. A

    1 only

    (a) 1 only. DPSPs are not justiciable limits on the legislature in the way Fundamental Rights are under Article 13. Statement 1 is false.

  2. B

    2 only

    (b) 2 only. They likewise do not operate as judicially enforceable fetters on the executive. Statement 2 is false.

  3. C

    Both 1 and 2

    (c) Both 1 and 2. Both ‘limitation’ claims fail. Not the key.

  4. D

    Neither 1 nor 2

    (d) Neither 1 nor 2. Directive Principles guide the State but are non-justiciable (Article 37). They do not constitute constitutional limitations upon legislative or executive function in the Fundamental-Rights sense. This is the official key.

Summary. Official key is (d) neither 1 nor 2. Article 37 says DPSPs are not enforceable by any court, though they are fundamental in governance. Fundamental Rights, not DPSPs, void inconsistent law. Legislatures and executives are politically and morally directed by Part IV, not legally disabled by it as a limitation clause. Minerva Mills later balanced Parts III and IV, but that still does not turn DPSPs into justiciable limits of the kind the statements claim.

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2019 · Q52 · General Studies · 2 marks

    With reference to the Constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

    View answer →

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