Question

The "Instrument of Instructions" contained in the Government of India Act 1935 have been incorporated in the Constitution of India in the year 1950 as
1. Fundamental Rights
2. Directive Principles of State Policy
3. Extent of executive power of State 
4. Conduct of business of the Government of India

Answer 1

Correct Answer - Option 2 : Directive Principles of State Policy

The correct answer is Directive Principle of State Policy.

• Instruments of instructions were issued by the British Government under the Government of India Act, 1935 
• It was added as the DPSP under the Draft Constitution.
• The main reason behind this policy is to create a welfare State.

• India borrowed the DPSP from the Irish Constitution of 1937 which itself had borrowed it from the Spanish Constitution.
• Further, the Government of India Act, 1935 had some “Instruments of Instructions” which became the immediate source of DPSP.
• DPSPs are not enforceable in a court of law.
• DPSP calls upon the state to provide a welfare government that can bring live ideals of the constitution.
• Part IV articles 36 to 51 of the Indian constitution deal with the Directive Principles of State Policy.
• It is fundamental in the governance of the country, based on socio-economic principles, and aims to make India a welfare state.
• The Directive Principles are non-justiciable in nature, for example, employment - welfare but not compulsory as we need economy and resources that depend on time and gradual development. 
• Landmark cases related to DPSP:-
  • The state of Madras v. Champakam Dorairajan (1951) -The Supreme Court held that Article 37 expressly says that the directive principles are not enforceable by the court.
  • Golak Nath vs. The State of Punjab (1967) - The Supreme Court held that Fundamental Rights cannot be abridged/ diluted to implement the directive principles.
  • Keshavananda Bharati vs the State of Kerala(1973) - Constitutional amendments do not abridge the basic structure of the constitution.
  • Minerva Mills v/s Union of India (1980)  -  The Supreme Court held that the Constitution exists on the balance of part III and Part IV.

• The basic objective of fundamental rights is to protect an individual from the encroachment of his basic rights.
• The basic objective of the directive principles is to create a “welfare” state.
• The fundamental rights limit the state action towards an individual while the directive principles are positive instruction to the state to establish a just socio-economic and political order.
• The Fundamental Rights are justifiable i.e. a person can approach the court on their infringement, the directive principles are non-justifiable and one cannot approach the court if they are not enforced by the state.