Question map
Which one of the following statements regarding the Directive Principles of State Policy is NOT correct?
Explanation
The Directive Principles of State Policy (DPSP) are non-justiciable, meaning they are not enforceable by any court [2]. Article 37 explicitly states that while these principles are fundamental in the governance of the country, they cannot be legally enforced for their violation [3]. Regarding the hierarchy between Fundamental Rights (FR) and DPSP, the Supreme Court has established that FRs generally enjoy supremacy over DPSPs [3]. In the Minerva Mills case, the Court emphasized that the Constitution is founded on the bedrock of the balance between Part III and Part IV, and giving absolute primacy to one over the other would disturb the constitutional harmony [3]. While the 42nd Amendment attempted to give precedence to all DPSPs over FRs, this was later curtailed to maintain the basic structure. Therefore, the statement that DPSPs have precedence over FRs in case of conflict is incorrect [3].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > CONFLICT BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES > p. 115
- [3] https://www.mea.gov.in/images/pdf1/part4.pdf