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UPSC caught in ambiguity?

Free ThinkerIndia
Aug 19, 2017
This is just one of the many ambiguous questions, which appeared in CSP 2017, putting the future of many serious aspirants at stake. Go through the link below for a detailed analysis.
http://studymusicspirituality.site123.me/blog/upsc-caught-in-ambiguity
This question appeared in CSP 2017 exam, the result of which was declared, just a few days back. Let us try to examine it objectively.
With reference to the Constitution Of India, directive Principles of State Policy constitute limitations upon
legislative function
executive function
Which of the above statements is/are correct?
1 only
2 only
Both 1 & 2
Neither 1 & 2
The word “limitations” is highly ambiguous and subject to multiple interpretations, thus making possible more than one option correct.
The Fundamental Rights act as limitations on the powers and functions of the Legislature and the Executive.
(Article 13, the Constitution of India - The State shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention of this clause shall, to the extent of the contravention, be void).
(Article 12, the Constitution of India – The wide definition of “State” includes the Legislative and Executive wings of the Central and State Governments)
If the meaning of the word “limitation” is construed in the sense, as taken above, then the DPSP’s don’t put limitation on the Legislative or Executive action, for a simple reason, that the DPSP are not enforceable in the Court of Law (Article 37, the Constitution Of India), while the Fundamental Rights are enforceable in the Court Of Law (Article 32, the Constitution Of India).
However, the ultimate sanction for the Directive Principles is political. The Directive Principles act as a check on the state and theorized a yardstick in the hands of the electorate and the opposition to measure the performance of the Government. (Basu 1993, page 140-142). Thus, it is certain that the Directive Principles do put “political” limitations of the Legislative and Executive actions.
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