Which of the following statements is/are correct regarding the Directive Principles of the State Policy? A. In case of a conflict between the Directive Principles and Fundamental Rights, the Directive Principles shall prevail in the court. B. Fundamental rights are not unlimited and citizens are subject to reasonable restrictions. The Directive Principles are subject to any constitutional limitations.
Which of the following statements is/are correct regarding the Directive Principles of the State Policy? A. In case of a conflict between the Directive Principles and Fundamental Rights, the Directive Principles shall prevail in the court. B. Fundamental rights are not unlimited and citizens are subject to reasonable restrictions. The Directive Principles are subject to any constitutional limitations. Correct Answer Only B
The correct answer is Only B.
- Fundamental rights are not unlimited and citizens are subject to reasonable restrictions. The Directive Principles are subject to any constitutional limitations is correct regarding the Directive Principles of the State Policy.
Key Points
- Directive Principles of State Policy:
- The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51.
- They embody the concept of a welfare state.
- These are fundamental in the governance of the country.
- They are non-justifiable.
- They apply to both Union and State Governments and all other authorities coming under the definition of ‘State’.
- They are taken from Ireland.
- Fundamental Rights:
- The Fundamental Rights have been described in Articles 12-35, Part III of the Indian Constitution.
- The Right to Property (Article 31) was deleted from the list of Fundamental Act, 1978.
- By the 44th Amendment Act, 1978, it is made a normal constitutional right under Act 300A in Part XII of the Constitution.
- They were borrowed from the Constitution of the USA.
- They are not absolute but qualified.
- The state can impose reasonable restrictions on them.
- Difference Between Fundamental Rights and Directive Principles:
- The Directives are not enforceable in the courts and do not create any Justifiable rights in favour of the individuals, while the Fundamental Rights are enforceable by the courts .
- In case of any conflict between fundamental rights and directive principles, the former should prevail in the courts.
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Feb 20, 2025