AdminModel Answers to PYQs (2019-2024)
1] How far do you agree that the Directive Principles of State Policy are more fundamental than the Fundamental Rights in meeting socio-economic justice as mentioned in the Preamble of the Constitution? [2024/20m/250w/6a]
There is an interesting relationship between fundamental rights and directive principles in the Constitution, provisions that have been written down next to one another. The fundamental rights are justiciable and enforceable by the courts. In contrast, DPSPs are non-justiciable, meaning they are not enforceable by any court.
There is also an ideological difference between these provisions. While the fundamental rights belong to the school of liberalism, the directive principles, belong to the school of socialism. Thus, DPSPs directly address issues such as promoting welfare (Art 38), equitable distribution of resources (Art 39), and right to work and education (Art 41). While Part III seeks to protect individual freedoms, part IV focuses on collective socio-economic welfare.
Consequently, when it comes to socio-economic justice, directive principles assume an important position. Without socio-economic justice, rights will remain ineffective for marginalized sections. The right to freedom of speech is meaningless for individuals struggling with poverty or illiteracy.
However, there is also a question of state capacity. Directive principles were not given immediate effect, not because they were not important but because the country lacked resources. If given the status of enforceable rights and govt. unable to enforce it, it would create a constitutional crisis. Thus, while DPSPs may be more important from a socio-economic perspective, they cannot be enforced on the state.
In this regard, KC Markandan suggests that this conflict between fundamental rights and DPSPs is artificial. He argues that the constituent assembly expected that when the state chose to implement DPSPs, the judiciary would allow the government to discharge its constitutional function, instead of asserting its own right to enforce fundamental rights.
Markandan further suggests that in fact Part III and IV originally belonged to the same list and based on whether these could be assured to the citizens (hence enforceable) OR were difficult to ensure (hence impractical to be legally enforced), they were classified as fundamental rights and directive principles respectively. [320 words]
2] Comment on the relevance of the Directive Principles of State Policy in an era of liberalization and globalization. [2019/15m/200w/8c]
Directive Principles of State Policy (DPSPs) are based on socialist principles and their relevance is questioned in an increasingly capitalist world shaped by globalization.
However, DPSPs cannot be considered irrelevant in the present era. Directive Principles represent the aspirations of constitution-makers (and people in general) which can not be completely realized at present due to a lack of resources or social capital. According to the constitution, these principles are ‘FUNDAMENTAL in the governance of the country and it shall be DUTY of the State to apply these principles in making laws’.
We often discuss the relevance of Marxism in making capitalism humane. Similarly, DPSPs can be considered as the goals which we must not forget while aspiring for economic development. In a Globalized and liberalized world, the role of the State is reducing. There is intense economic competition all across the globe and no concern for the poor. It creates opportunities for the exploitation of the vulnerable and mother nature.
Thus, it is all the more duty of the state to ensure social equality, gender equality, justice to the poor, protection of environment, public health etc. Therefore, instead of becoming irrelevant, Directive Principles are more relevant now than ever before. [200 words]
The post contains answers to the last 6-year papers i.e. (2024-2019). Answers to the previous year questions from 2013-2024 are a part of our book PSIR Optional Model Answers to PYQs (2013-2024). Click here to know more.
