Topic: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Comparison of the Indian constitutional scheme with that of other countries.
4. Part IV of the Indian Constitution has great value as it provides for social and economic democracy. In light of the above statement, discuss the importance and limitations of this part of the constitution.(250 words)
Reference: Indian Polity by Lakshmikant
Why this question:
The question is based on the basics of the Indian constitution, specifically Part IV; DPSPs.
Key demand of the question:
Explain the importance of DPSP enshrined in the Indian constitution. Also highlight the limitations associated with them.
Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.
Structure of the answer:
Briefly describe DPSPs enshrined in the constitution.
The question is from the static portions and there isn’t much to deliberate. Write the importance of DPSP in India – Fundamental rights provide for political rights. DPSP supplement them by providing for social and economic rights. · DPSP constitute comprehensive socio-economic programme for a modern democratic state · Aim at realizing high ideals of justice, liberty, equality and fraternity · Embody the concept of welfare state, and not that of the police state · It helps courts in examining and determining constitutional validity of law in the light of socioeconomic propriety etc. Highlight its limitations – No Legal Force: The DPSP are non-justiciable in nature i.e. they are not legally enforceable by the courts for their violation · Constitutional Conflict: DPSP lead to constitutional conflict (a) between Centre and states, (b) Centre and President, (c) Chief minister and governor · Conflict with Fundamental rights: They can be amended to implement the fundamental rights. · A law cannot be struck down by courts for violating DPSP.
Conclude that despite above limitations, DPSP are fundamental to the governance of the country.