Topic: DPSP
2. Critically examine whether the non-enforceability of DPSPs make them passive to Fundamental Rights? (250 words)
Reference: Indian polity by Lakshmikant
Why the question:
The question is part of static syllabus of GS paper II part Indian polity – under the heading “DPSP lays the foundation of welfare polity”.
Key Demand of the question:
The question compares FR and DPSP and comments that since DPSPs are non-enforceable in a court of law, it makes them inferior to FRs. We need to highlight the importance of DPSP, examine whether they lag behind FRs and provide a fair and balanced conclusion.
Directive:
Critically examine – When asked to ‘Examine’, we have to look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.
Structure of the answer:
Introduction:
Discuss the reason why this debate arises.
Body:
The answer body must have the following aspects covered:
- Bring out points which highlight that FRS are superior to DPSP due to their sacrosanct nature and article 32.
- Examine why the above statement is like comparing apples and oranges as FRs strive to provide civil and community rights whereas DPSPs deal with socio economic right which seeks to create a welfare state.
- Examine the view of constitutional experts like br Ambedkar to bolster your arguments etc.
Conclusion:
Highlight that even Supreme Court gave the doctrine of harmonious construction to maintain a balance between part III and IV.
