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Fundamental Nature of the 'Fundamental Rights'

In case of a ...

Question

In case of a conflict between the Directive Principles and the Fundamental Rights, which one shall prevail?

A

Directive Principles

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B

Fundamental Rights

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C

Both of them

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D

None of them

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Solution

The correct option is B
Fundamental Rights

Fundamental Rights

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Q. Assertion :Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Reason: Directive Principles of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.

Q. Assertion :All minorities, whether based on religion or language, shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. Reason: Directive principles of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.

Q. Explore the relationship between Fundamental Rights and Directive Principles.

Q. Both the Fundamental Rights and the Directive Principles of State Policy are non-enforceable by law.

Q. Which of the following statements is/are not indicative of the difference between Fundamental Rights and Directive Principles?
I. Directive Principles are aimed at promoting social welfare, while Fundamental Rights are for protecting individuals from State encroachment.
II. Fundamental Rights are limitations on State action, while Directive Principles are positive instructions for the Government to work towards a just socio-economic order.
III. Fundamental Rights were included in the original Constitution, but Directive Principles were added by the First Amendment.
IV. Fundamental Rights are amendable, but Directive Principles cannot be amended.

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