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Q72 (CAPF/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Directive Principles framework Answer Verified

Which one of the following statements with regard to the Directive Principles of State Policy is not correct?

Result
Your answer: —  Â·  Correct: B
Explanation

The Directive Principles of State Policy (DPSP) are non-justiciable, meaning they are not legally enforceable in a court of law [2]. Article 37 explicitly states that while they are fundamental to the governance of the country, they cannot be enforced by any court [2]. Regarding their relationship with Fundamental Rights (FR), the Supreme Court has established a 'harmonious construction' doctrine, viewing them as complementary rather than one overriding the other. While certain amendments (like Article 31C) gave precedence to specific DPSPs over Articles 14 and 19, they do not override all fundamental rights. DPSPs are fundamentally related to achieving social and economic justice. Furthermore, Article 39A specifically directs the State to provide free legal aid to ensure justice is not denied due to economic disabilities [2]. Therefore, statement 2 is incorrect as DPSPs do not possess blanket supremacy over all fundamental rights.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > SANCTION BEHIND DIRECTIVE PRINCIPLES > p. 111
  2. [2] https://www.mea.gov.in/images/pdf1/part4.pdf
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SIMILAR QUESTIONS

CAPF · 2019 · Q48 Relevance score: 7.69

Which one of the following statements regarding the Directive Principles of State Policy is NOT correct?

CDS-I · 2017 · Q118 Relevance score: 7.65

Which one of the following statements relating to the Directive Principles of State Policy is not correct?

IAS · 2015 · Q7 Relevance score: 7.33

Consider the following statements regarding the Directive Principles of State Policy : 1. The Principles spell out the socio-economic democracy in the country. 2. The provisions contained in these Principles are not enforceable by any court. Which of the statements given above is/are correct?

CDS-II · 2009 · Q55 Relevance score: 6.08

Which one of the following is not a correct description of the Directive Principles of State Policy?

CAPF · 2013 · Q80 Relevance score: 5.69

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?