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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2017, Q43

Contents12
UPSC Prelims GS2017Indian Polity
  1. A1 only
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2
Show answer

Answer: (D) Neither 1 nor 2

Neither statement is correct.

The Directive Principles of State Policy (Part IV, Articles 36-51) are described in Article 37 as 'fundamental in the governance of the country' and it is 'the duty of the State to apply these principles in making laws'.

However, they are expressly made NON-JUSTICIABLE — meaning they cannot be enforced by any court.

This means DPSPs do NOT constitute 'limitations' on either the legislative or executive function in the legal sense.

Limitations on government power come from Fundamental Rights (Part III), which ARE justiciable and enforceable.

  • If Parliament passes a law that violates Fundamental Rights, courts can strike it down.
  • But if Parliament fails to implement a Directive Principle, no court can compel it to do so.

DPSPs serve as guidelines and aspirational goals for the State, not as legal constraints.

They tell the government what it SHOULD do, but they do not legally PREVENT it from doing (or not doing) anything.

The question's framing — 'constitute limitations upon' — implies legal restrictions, which DPSPs are not.

Some students confuse DPSPs with Fundamental Rights because both are in Part III and IV of the Constitution.

The key distinction:

  • Fundamental Rights = justiciable = limitations on State power.
  • Directive Principles = non-justiciable = guidelines for State action, NOT limitations.

(Source: Laxmikant, Chapter on Directive Principles of State Policy)

Why this was asked

DPSPs are non-justiciable guidelines that tell the government what it should do, but cannot legally prevent or compel any government action unlike Fundamental Rights.

Students often confuse DPSPs with Fundamental Rights because both are constitutional provisions, but only Fundamental Rights create enforceable limitations on legislative and executive power.

The question tests whether students understand that 'limitations' in constitutional law means legally enforceable restrictions, not mere moral or aspirational guidance.

Directive Principles of State Policy

Indian Polity Directive Principles of State Policy legislative function executive function

Directive Principles of State Policy: Nature & Constitutional Position

Must know

DPSPs are found in Part IV, Articles 36-51 of the Constitution

They are non-justiciable — courts cannot enforce them

Article 37 calls them 'fundamental in governance' but not legally binding

DPSPs are guidelines for State action, NOT legal limitations on government power

Constitutional Framework

Directive Principles of State Policy are constitutional guidelines that tell the government what it should do to build a welfare state. They are placed in Part IV (Articles 36-51) and serve as the philosophical foundation for governance in India.

Key Features of DPSPs

Aspect

Details

Constitutional Provision

Nature

Non-justiciable — cannot be enforced by courts

Article 37

Purpose

Guidelines for State policy formulation

Article 37

Scope

Cover social, economic & political justice

Articles 38-51

Enforceability

Moral obligation only, not legal compulsion

Article 37

Relationship with FR

Complementary to Fundamental Rights

Article 37

Why DPSPs Are NOT Limitations

Article 37 explicitly states that DPSPs are 'fundamental in the governance of the country' and it is 'the duty of the State to apply these principles in making laws.' However, it also declares them non-justiciable — meaning no court can enforce them.

• If Parliament fails to implement a DPSP → No legal consequence
• If Parliament passes a law ignoring DPSPs → Courts cannot intervene
• DPSPs create moral pressure, not legal constraints

UPSC Traps

Trap: Confusing DPSPs with Fundamental Rights — only FRs are justiciable and create legal limitations

Trap: Thinking 'fundamental in governance' means legally binding — Article 37 clarifies they are non-justiciable

Trap: Assuming DPSPs limit government power — they actually guide government action without constraining it legally

Language Trap: 'Constitute limitations upon' implies legal restrictions — DPSPs are aspirational guidelines, not legal barriers

Fundamental Rights vs Directive Principles

Indian Polity

Fundamental Rights vs Directive Principles: Key Distinctions for UPSC

Must know

Fundamental Rights (Part III) are justiciable — courts can enforce them

DPSPs (Part IV) are non-justiciable — courts cannot enforce them

Only justiciable rights create legal limitations on government power

Constitutional Comparison

Feature

Fundamental Rights (Part III)

Directive Principles (Part IV)

Justiciability

Justiciable — enforceable in courts

Non-justiciable — not enforceable

Nature of Obligation

Negative — State must NOT violate

Positive — State should implement

Legal Effect

Create legal limitations on State power

Provide moral guidelines for policy

Court's Role

Can strike down violative laws

Cannot compel implementation

Remedy Available

Constitutional remedies under Article 32

No legal remedy available

Constitutional Status

Immediately enforceable

Directory in nature

The Limitation Principle

Legal limitations on government arise only from enforceable constitutional provisions. Since Fundamental Rights are justiciable, they genuinely restrict what the legislature and executive can do — violate them, and courts will intervene. DPSPs, being non-justiciable, cannot legally constrain government action or inaction.

Constitutional Relationship

# Constitutional Governance
## Fundamental Rights
- Justiciable
- Negative Rights
- Immediate Effect
- Court Protection
- Legal Limitations
## Directive Principles
- Non-justiciable
- Positive Duties
- Gradual Implementation
- Political Will
- Moral Guidelines
Common Confusions

Major Trap: Both are in the Constitution, so both must limit government — wrong, only justiciable provisions create legal limits

Word Trap: 'Duty of the State' in Article 37 sounds like legal obligation — it's actually a constitutional aspiration

Conceptual Trap: Thinking guidelines = limitations — guidelines suggest action, limitations prevent action

Justiciable vs Non-Justiciable Rights

Indian Polity

Justiciable vs Non-Justiciable Rights: Legal Enforceability in Constitution

Must know

Justiciable = enforceable in courts with legal remedies available

Non-justiciable = not enforceable in courts, no legal remedies

Article 32 provides constitutional remedies for Fundamental Rights

Article 37 explicitly makes DPSPs non-justiciable

Meaning of Justiciability

Justiciability means a constitutional provision can be enforced through courts. If the government violates a justiciable right, citizens can approach courts for relief. Non-justiciable provisions exist in the Constitution but cannot be legally enforced — they serve as policy guidelines.

Examples in Indian Constitution

Category

Examples

Enforceability

Remedy

Justiciable Rights

Right to Equality (Art 14-18)

Courts can enforce

Writs under Article 32

Right to Freedom (Art 19-22)

Courts can enforce

Constitutional remedies

Right against Exploitation (Art 23-24)

Courts can enforce

Direct court intervention

Non-Justiciable Principles

Right to Work (Art 41)

Courts cannot enforce

No legal remedy

Uniform Civil Code (Art 44)

Courts cannot enforce

Depends on political will

Free & Compulsory Education (Art 45)

Courts cannot enforce

Policy implementation only

How Justiciability Works

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Government Action**
Legislature/Executive takes action affecting citizens`"]
  s2["`**Constitutional Test**
Does the action violate any constitutional provision?`"]
  s3["`**Justiciability Check**
Is the violated provision **justiciable** or **non-justiciable**?`"]
  s4["`**Court Intervention**
If justiciable → Courts can intervene. If non-justiciable → No legal remedy`"]
  s5["`**Final Outcome**
Justiciable violations can be **struck down**. Non-justiciable violations remain **unchallenged**`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
  s4 --> s5
UPSC Testing Pattern

Trap: Assuming all constitutional provisions are equally enforceable — only justiciable ones create legal obligations

Trap: Confusing constitutional importance with legal enforceability — DPSPs are important but not enforceable

Language Trap: Words like 'duty', 'shall', 'fundamental' in DPSPs don't make them legally binding due to Article 37