Q. Consider the following statement regarding the Directive principles of State Policy(DPSPs):
Which of the above statements is/are correct?
Q. Consider the following statement regarding the Directive principles of State Policy(DPSPs):
Which of the above statements is/are correct?
The correct option is A 1 and 2 only
Explanation:
Statement 1: Correct. These principles are not enforceable in any court. It means that the Directive Principles do not give rise to any legal rights for the violation of which an individual could seek a remedy in the court of law.
Statement 2: Correct. Article 37 provides that they are nor enforceable by any court but nevertheless they are fundamental in governance.
Statement 3: Incorrect. In the Minerva Mills Case, the court held that Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. The harmony and balance between Fundamental Rights and Directive Principles of State Policy is an essential feature of the basic structure of the Constitution.
- At present, under normal circumstances the fundamental rights enjoy supremacy over the Directive Principles. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.
DPSP under Article 39(b) and 39(c) have primacy over Fundamental Rights under Article 14 & 19.
Explanation:
Statement 1: Correct. These principles are not enforceable in any court. It means that the Directive Principles do not give rise to any legal rights for the violation of which an individual could seek a remedy in the court of law.
Statement 2: Correct. Article 37 provides that they are nor enforceable by any court but nevertheless they are fundamental in governance.
Statement 3: Incorrect. In the Minerva Mills Case, the court held that Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. The harmony and balance between Fundamental Rights and Directive Principles of State Policy is an essential feature of the basic structure of the Constitution.
- At present, under normal circumstances the fundamental rights enjoy supremacy over the Directive Principles. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.
DPSP under Article 39(b) and 39(c) have primacy over Fundamental Rights under Article 14 & 19.
