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Question

Q. Which of the following statements is/are correct about the Directive Principles of State Policy (DPSPs)?

Select the correct answer using the code given below.


A
1 and 2 only
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B
2 and 3 only
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C
1 and 3 only
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D
None of the above
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Solution

The correct option is D None of the above

Explanation:

Statement 1 is incorrect: The Constitution does not contain any such classification, it is based on their nature and content.

Statement 2 is incorrect: They are non-justiciable in nature but the judiciary from time to time cites them while deciding the Constitutional Validity of a law.

Statement 3: Incorrect. In the Minerva Mills Case, the court held that the 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.


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