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Article 37 declares that Directive Principles are not enforceable by courts, but they are fundamental in governance and it is the duty of the State to apply them in making laws, giving them moral and political force despite non-justiciability.
- True
- False
Answer: True
DPSP non-justiciability and moral force: (a) Article 37 text: DPSP not enforceable by any court, but principles are fundamental in governance; State duty to apply them in making laws, (b) Non-justiciability rationale: (i) Resource constraints: DPSP often require financial resources, administrative capacity; courts cannot mandate budgetary allocations, (ii) Policy domain: DPSP involve complex policy choices better left to elected representatives, not judicial fiat, (iii) Flexibility: Non-enforceability enables gradual, context-sensitive implementation across diverse States, (c) Moral/political force: (i) Legislative guidance: DPSP guide Parliament, State Legislatures in law-making, policy design, (ii) Executive accountability: Governments evaluated on DPSP implementation through elections, public discourse, (iii) Judicial interpretation: Courts use DPSP to interpret Fundamental Rights, fill legislative gaps (e.g., right to education, health), (d) Applications: (i) Right to education: Unnikrishnan (1993) used DPSP (Article 45) to recognize education as Fundamental Right; led to 86th Amendment (Article 21A), (ii) Environmental protection: Courts used Article 48A (environment) to expand Article 21 (right to healthy environment), (e) Illustrates calibrated constitutionalism: DPSP non-justiciability balances judicial restraint with transformative vision; moral force enables gradual realization of constitutional goals through democratic process.