Q. With reference to the Directive Principles of State Policy (DPSP), consider the following statements:
1.Article 50 directs the State Government to separate the judiciary from the executive in the public services of the State.
2.They aim to establish a ‘police state’.
3.The Supreme Court cannot consider DPSPs while determining the constitutionality of a law.
Which of the statements given above is/are correct?
Answer: A
Notes:
Explanation:
- Article 50 of the Indian Constitution states: “The State shall take steps to separate the judiciary from the executive in the public services of the State.”
- This is a Directive Principle of State Policy (DPSP) that aims to ensure judicial independence and prevent executive interference in judicial functions.
- The Directive Principles of State Policy (DPSPs) are aimed at establishing a welfare state, not a police state.
- Though DPSPs are non-justiciable (i.e., they cannot be enforced in a court of law), the Supreme Court considers them while interpreting and determining the constitutionality of laws.
- In the Minerva Mills case (1980), the Supreme Court ruled that there should be a balance between Fundamental Rights and DPSPs, and they should be harmoniously interpreted.
- Thus, DPSPs play a significant role in judicial review and constitutional interpretation.
Source: Laxmikant
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