1 Answers
Option 3 : Both 1 and 2
The correct answer is Both 1 and 2.
- Directive principles are in the nature of instruments of instructions to the government of the day to do something positive.
- They are not justiciable or enforceable in courts.
- On the other hand, the fundamental rights are enforceable in the courts under Articles 32 and 226 of the constitution and hence are justiciable. So, it enjoys a legal supremacy over Directive Principles. Hence, statement 1 is correct.
- 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. Hence, statement 2 is correct.
- Directive Principles of State Policy (DPSP) -
- Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP).
- DPSP are ideals that are meant to be kept in mind by the state when it formulates policies and enacts laws.
- They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
- DPSPs are ideals which are not legally enforceable by the courts for their violation.
- Fundamental Rights -
- Articles 12-35 of the Indian Constitution deal with Fundamental Rights.
- All people, irrespective of race, religion, caste, or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights.
- There are 6 Fundamental Rights of the Indian Constitution those are-
| Article | Fundamental Rights |
| Article 14-18 | Right to Equality |
| Article 19-22 | Right to Freedom |
| Article 23-24 | Right against Exploitation |
| Article 25-28 | Right to Freedom of Religion |
| Article 29-30 | Cultural and Educational Rights |
| Article 32 | Right to Constitutional Remedies |
4 views
Answered