Consider the following statements : 1. While the Fundamental Rights constitute limitations on State action, the Directive Principles are in the nature of instruments of instruction to the government of the day to do certain things and to achieve certain g

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Q: 80 (CAPF/2013)
Consider the following statements :
1. While the Fundamental Rights constitute limitations on State action, the Directive Principles are in the nature of instruments of instruction to the government of the day to do certain things and to achieve certain goals by their actions.
2. The Directive Principles, however, require to be implemented by legislations and so long as there is no law carrying out the policy laid down in a Directive Principle, neither the State nor an individual can violate any existing law or legal rights under the colour of getting a Directive.
3. The Directive Principles are enforceable in the courts and create justiciable rights in favour of the individual.
Which of the statements given above is/are correct?

question_subject: 

Polity

question_exam: 

CAPF

stats: 

0,189,43,19,19,189,5

keywords: 

{'directive principles': [4, 0, 4, 13], 'directive principle': [1, 0, 0, 0], 'directive': [0, 0, 1, 2], 'fundamental rights': [13, 0, 7, 20], 'legislations': [0, 1, 0, 0], 'legal rights': [0, 0, 1, 0], 'justiciable rights': [0, 0, 0, 1], 'limitations': [0, 0, 0, 3], 'policy': [0, 0, 0, 1], 'state action': [0, 0, 0, 1], 'actions': [1, 0, 2, 5], 'law': [0, 0, 0, 1], 'government': [5, 0, 0, 1], 'courts': [1, 0, 0, 0]}

The correct answer is Option 3: 1 and 2 only.

Explanation:

Statement 1 is correct. Fundamental Rights in the Indian Constitution provide limitations on State action, whereas the Directive Principles of State Policy are instructions to the government to achieve certain goals through their actions.

Statement 2 is also correct. Directive Principles need to be implemented through legislations. As long as there is no law carrying out the policy laid down in a Directive Principle, neither the State nor an individual can violate any existing law or legal rights in the name of implementing a Directive Principle.

However, Statement 3 is incorrect. The Directive Principles are not enforceable in the courts and do not create justiciable rights in favor of individuals. They are more like guidelines or principles that the government should strive to implement, but they cannot be legally enforced by individuals in the courts.

Therefore, the correct answer is Option 3: 1 and 2 only.

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