Civil Services Prep

Prelims 2017 · Polity and Constitution · Question 92

Consider the following statements: With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon 1. legislative function. 2. executive function. Which of the above statements is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Neither 1 nor 2

1. Legislative function — Incorrect. DPSPs are positive constitutional directives/goals for the State, not enforceable restraints. A limitation upon legislative function means a legal restriction on law-making power; DPSPs do not operate that way.

2. Executive function — Incorrect. Similarly, DPSPs guide governance but are not justiciable limitations on executive power. They are principles to be followed, not enforceable constitutional restraints.

Why (d): The phrase "constitute limitations upon" is crucial. DPSPs are guiding obligations/objectives, not legal limitations on either legislature or executive. Hence neither 1 nor 2 is correct.

Note: My earlier answer treated "guidance" as "limitation," which was the error.

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