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Though non-justiciable, DPSP play crucial role in judicial review: courts examine whether laws, policies comply with constitutional values, including DPSP-guided interpretation of Fundamental Rights, and evaluate government performance on DPSP implementation through public interest litigation, continuing mandamus.
- True
- False
Answer: True
DPSP role in judicial review and policy evaluation: (a) Judicial review role: (i) Interpretive aid: Courts use DPSP to interpret Fundamental Rights expansively (e.g., right to health, education, environment as part of Article 21), (ii) Gap-filling: When legislative action delayed, courts use DPSP to protect rights, direct interim measures (e.g., Vishaka guidelines on sexual harassment), (iii) Constitutional compliance: Courts examine whether laws, policies align with DPSP values (welfare, equality, sustainability), even if DPSP not directly enforceable, (b) Policy evaluation mechanisms: (i) Public interest litigation: Citizens, NGOs file PILs to enforce DPSP-related rights (environment, health, education), (ii) Continuing mandamus: Courts keep cases pending to monitor implementation of directives (e.g., PUCL case on right to food, Prakash Singh case on police reforms), (iii) Institutional monitoring: NHRC, NCSC, NCST, Finance Commission monitor DPSP-related outcomes, recommend improvements, (c) Applications: (i) Environmental cases: MC Mehta PILs led to industrial regulations, river cleaning efforts based on Article 48A, (ii) Right to food: PUCL case directed implementation of PDS, mid-day meals based on Article 47, (iii) Police reforms: Prakash Singh case directed measures for police independence, accountability based on rule of law values, (d) Limits: (i) Not policy-making: Courts do not substitute legislative, executive policy judgment; encourage democratic process, (ii) Resource constraints: Courts cannot mandate budgetary allocations; DPSP implementation depends on fiscal capacity, political will, (iii) Federal balance: Courts respect State autonomy in DPSP subjects; coordination, not coercion, essential for federal implementation, (e) Illustrates calibrated judicial role: DPSP enable courts to advance transformative goals while respecting separation of powers; balance between judicial innovation, democratic process essential for realizing constitutional vision through rule of law.