Question map
Which one of the following statements with regard to the Directive Principles of State Policy is not correct?
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] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > SANCTION BEHIND DIRECTIVE PRINCIPLES > p. 111
- [2] https://www.mea.gov.in/images/pdf1/part4.pdf