Question map
Which one of the following is a non-justiciable right ?
Explanation
In the Indian Constitution, rights are categorized into justiciable Fundamental Rights and non-justiciable Directive Principles of State Policy (DPSP) [2][3]. Fundamental Rights, such as the Right against exploitation (Articles 23-24), Right of the accused (Article 20), and Right to life and personal liberty (Article 21), are legally enforceable by courts [1][5]. Conversely, DPSPs are non-justiciable, meaning they are not legally enforceable for their violation [3]. Article 39(a) specifically directs the State to ensure that citizens have the 'right to an adequate means of livelihood'. While the judiciary has occasionally linked livelihood to Article 21 to expand its scope, as a standalone constitutional provision under Part IV, the right to an adequate livelihood remains a non-justiciable directive intended to guide state policy toward a welfare state [2][4].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 9: Directive Principles of State Policy > SANCTION BEHIND DIRECTIVE PRINCIPLES > p. 111
- [3] https://nja.gov.in/Concluded_Programmes/2016-17/P-987_PPTs/1.Human%20Rights%20and%20Constititutional%20provisions.pdf
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 9: Directive Principles of State Policy > DIRECTIVE PRINCIPLES OF STATE POLICY > p. 179
- [5] https://www.mea.gov.in/images/pdf1/part4.pdf
- [4] https://ncert.nic.in/textbook/pdf/keps202.pdf