Which of the following Articles of the Indian Constitution declares that Directive Principles are NOT enforceable by any court?

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  1. Article 35
  2. Article 37
  3. Article 45
  4. Article 51

Answer (Detailed Solution Below)

Option 2 : Article 37
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The Correct answer is Article 37.

Key Points

  • Article 37 of the Indian Constitution explicitly states that the Directive Principles of State Policy (DPSPs) are not enforceable by any court of law.
  • While the Directive Principles are not legally enforceable, they are fundamental in the governance of the country and act as guidelines for the creation of policies and laws by the state.
  • The Directive Principles are enshrined in Part IV of the Indian Constitution and aim to establish a just society by balancing individual rights and the collective good.
  • The non-enforceability of the Directive Principles is primarily because they are intended to be ideals or goals that the state should strive to achieve over time, rather than immediate legal obligations.
  • Examples of DPSPs include provisions for securing a living wage, equal pay for equal work, promotion of education, and protection of the environment.
  • However, despite their non-enforceability, Article 37 emphasizes that these principles are "fundamental in the governance of the country" and it shall be the duty of the State to apply these principles in making laws.

 Additional Information

  • Article 35
    • Article 35 of the Indian Constitution deals with the power of Parliament to make laws for giving effect to certain fundamental rights.
    • This article ensures that only the Parliament, and not state legislatures, can make laws on certain matters related to fundamental rights.
    • Examples include laws related to restricting or abrogating fundamental rights like the right to property.
  • Article 45
    • Article 45 is a Directive Principle under which the State is directed to provide early childhood care and education for all children until they complete the age of six years.
    • This principle was added to promote the welfare of children as part of the state's responsibility.
  • Article 51
    • Article 51 of the Indian Constitution falls under the Directive Principles and promotes international peace and security.
    • It directs the state to foster respect for international law and treaty obligations and to encourage the settlement of international disputes by arbitration.
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