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What was the main objection against the Directive Principles of State Policy in the Constituent Assembly?
The state was responsible for these policies
They were an instrument of instructions
They were considered as novel features
They were non justiciable in character
They were non justiciable in character
The main objection in the Constituent Assembly against the Directive Principles of State Policy (DPSP) was their non-justiciable nature, meaning they are not legally enforceable by the courts for their violation. Critics argued that these principles, lacking legal backing, were merely 'pious declarations' or 'manifesto of a political party' rather than substantive constitutional provisions.
The main objection in the Constituent Assembly against the Directive Principles of State Policy (DPSP) was their non-justiciable nature, meaning they are not legally enforceable by the courts for their violation. Critics argued that these principles, lacking legal backing, were merely 'pious declarations' or 'manifesto of a political party' rather than substantive constitutional provisions.
Part IV of the Indian Constitution, covering Articles 36 to 51, outlines the Directive Principles of State Policy, which were borrowed from the Irish Constitution.
Article 37 of the Constitution explicitly states that the provisions contained in Part IV shall not be enforceable by any court.
B.N. Rau, the Constitutional Advisor, suggested that the rights should be divided into justiciable and non-justiciable categories.
The primary objective of DPSP is to establish a welfare state rather than a police state.
K.T. Shah famously referred to the DPSPs as 'a cheque on a bank, payable only when the resources of the bank permit'.
Option B refers to the 'Instrument of Instructions' which was an enumeration of instructions issued to the Governor-General and Governors under the Government of India Act 1935, a term Dr. Ambedkar used to describe DPSPs.
Option C refers to Dr. B.R. Ambedkar's description of the DPSPs as a 'novel feature' because they were unique guidelines for governance in a democratic framework.
D is correct тАФ The non-justiciable character of DPSPs was the primary point of contention, as critics felt it rendered the principles legally toothless.
While DPSPs are non-justiciable, they are fundamental in the governance of the country; compare this with Fundamental Rights (Part III), which are justiciable and serve as a negative obligation on the state.
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