Which of the following statements is not correct with respect to the Directive Principle of State Policy?

Question

Which of the following statements is not correct with respect to the Directive Principle of State Policy?

Fundamental Rights under Article 14 and Article 19 are subordinate to the Directive Principle of State Policy.
The 97th Constitutional Amendment Act added the Directive Principle relating to the cooperative society.
Prohibition of traffic in human beings and forced labourers are included in the Directive Principle of State Policy.
The provision regarding the Uniform Civil Code is added in Part IV.

LohaHridoy

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2025-01-04 04:42

1 Answers

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AhmedNazir · Accepted Answer · 2022-09-04T04:29:57+06:00

Option 3 : Prohibition of traffic in human beings and forced labourers are included in the Directive Principle of State Policy.

The correct answer is option 3, i.e. Prohibition of traffic in human beings and forced labourers is included in the Directive Principle of State Policy.

Part IV of the constitution consisted of the Directive Principle of State Policy.

It is given from Article 36 to 51.
The Directive Principle of State Policy has been borrowed from the Irish Constitution of 1937.
The Directive Principle and Fundamental Rights contain the philosophy of the Constitution and are the soul of the constitution.
Directive Principle of State Policy constitutes a comprehensive economic, social and judicial programme for a modern democratic state.
They are non-justiciable in nature means not legally enforceable by the courts for their violation and the government cannot be compelled to implement them.
It helps the court in examining and determining the constitutional validity of a law
If a law seeks to give effect to Directive Principle cannot be said as unconstitutional in relation to Article 14 and 19.
- In the Minerva Mill case, the Supreme Court made the Directive Principle again subordinate to Fundamental Rights but Fundamental Rights by Article 14 and Article 19 were said to be subordinated to Directive Policy. Hence statement 1 is correct.
The চth Constitutional Amendment Act of 2011 added the provision of cooperative society in the Directive principle of State Policy. Added the words "or co-operative societies" after the word "or unions" in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies. Hence statement 2 is correct.
- The state shall promote the formation of autonomous functioning, democratic control and management of cooperative society.
Article 23 of Part III provides prohibition of traffic in human beings and forced labour under the Fundamental Rights of the Constitution. Hence statement 3 is not correct.
Article 44 provides the provision of the Uniform Civil Code.
- It directed the state to secure a Uniform Civil Code throughout the country. Hence statement 4 is correct.