NDA (II) 2021 GAT Q58: Which one of the following is a non-justiciable

Q: What is the answer to NDA (II) 2021 GAT Q58?

A. Correct — A, Right to adequate livelihood. The right to an adequate means of livelihood is a Directive Principle of State Policy under Article 39(a). Directive Principles are, by Article 37, not enforceable by any court — they are non-justiciable goals for the State. The other three options are Fundamental Rights (Part III), which the courts can enforce, so they are justiciable. Hence the non-justiciable right here is the right to adequate livelihood.

NDA (II) 2021 General Ability Test · Question 58 of 149

Question text verified against the official NDA question paper.

Which one of the following is a non-justiciable right?

(a)Right to adequate livelihood
(b)Right against exploitation
(c)Right of accused
(d)Right to life and personal liberty

Answer

Why

Correct — A, Right to adequate livelihood. The right to an adequate means of livelihood is a Directive Principle of State Policy under Article 39(a). Directive Principles are, by Article 37, not enforceable by any court — they are non-justiciable goals for the State. The other three options are Fundamental Rights (Part III), which the courts can enforce, so they are justiciable. Hence the non-justiciable right here is the right to adequate livelihood.

Why the others are wrong

(b)Right against exploitation — The right against exploitation (Articles 23-24) is a Fundamental Right in Part III, so it is enforceable in court — it is justiciable.
(c)Right of accused — The protections of an accused person (Articles 20-22, such as protection against self-incrimination and double jeopardy) are Fundamental Rights and are enforceable by the courts.
(d)Right to life and personal liberty — The right to life and personal liberty (Article 21) is a core Fundamental Right, fully justiciable and enforceable under Article 32.

Concept

The Constitution separates Fundamental Rights (Part III) from Directive Principles of State Policy (Part IV). Fundamental Rights are justiciable — a person can go to court to enforce them. Directive Principles, though fundamental to governance, are non-justiciable under Article 37, meaning courts cannot compel the State to implement them.

All four options sound like rights, which is the trap. The sorting test is enforceability: three are Part III Fundamental Rights (justiciable), while the right to adequate livelihood is a Part IV directive (non-justiciable).

Key facts

The right to an adequate means of livelihood is a Directive Principle under Article 39(a).
Article 37 declares Directive Principles non-justiciable — not enforceable by any court.
Fundamental Rights in Part III are enforceable, with Article 32 as the right to constitutional remedies.
Right against exploitation (Articles 23-24), rights of the accused (Articles 20-22) and right to life (Article 21) are all Fundamental Rights.

Justiciable Fundamental Rights versus non-justiciable Directive Principles

Right to adequate livelihood (Article 39(a))→Directive Principle — non-justiciable (Article 37)

Right against exploitation (Articles 23-24)→Fundamental Right — justiciable

Rights of the accused (Articles 20-22)→Fundamental Right — justiciable

Right to life and personal liberty (Article 21)→Fundamental Right — justiciable

Only the right to adequate livelihood is a Directive Principle, hence non-justiciable — the answer is (a).

Study next

Fundamental Rights (Part III) versus Directive Principles (Part IV)Article 37 and the non-justiciability of Directive PrinciplesArticle 32 — the right to constitutional remediesDirective Principles under Article 39Justiciable versus non-justiciable provisions of the Constitution

Common traps

Assuming every 'right' in the options is a Fundamental Right — the livelihood right is a Directive Principle.
Forgetting that Directive Principles, though fundamental to governance, cannot be enforced in court.

Asked as 'which is non-justiciable' — test each option for whether a court can enforce it; only the Directive Principle fails that test.

Related PYQs

UPSC_2010_GS1_Q32010Open & attempt →

With reference to the Constitution of India, consider the following: 1. Fundamental Rights 2. Fundamental Duties 3. Directive Principles of State Policy. Which of the above provisions of the Constitution of India is/are fulfilled by the National Social Assistance Programme launched by the Government of India?

(a) 1 only
(b) 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer(b) 3 only

Same idea — Directive Principles as non-enforceable goals the State pursues through policy. That UPSC item ties a welfare scheme to the Directive Principles; this NDA item tests that a livelihood directive is non-justiciable.

NDA_GAT_2020_I_II_Q572020Open & attempt →

Which one of the following Directive Principles was inserted by the Constitution (42nd Amendment) Act, 1976?

(a) The State shall minimise inequalities in income
(b) Equal justice and free legal aid
(c) Promotion of co-operative societies
(d) Provision for early childhood care

Answer(b) Equal justice and free legal aid

Same area — Directive Principles of State Policy. That NDA item asks which directive was added by the 42nd Amendment; this one tests that Directive Principles like the livelihood right are non-justiciable.

Practice

practice — not a real PYQ
Directive Principles of State Policy are made non-justiciable by which one of the following Articles?
- (a)Article 32
- (b)Article 37
- (c)Article 44
- (d)Article 51
Answer(b) Article 37 — it states that Directive Principles are not enforceable by any court.
practice — not a real PYQ
The right to an adequate means of livelihood is provided under which one of the following?
- (a)Article 19
- (b)Article 21
- (c)Article 39(a)
- (d)Article 23
Answer(c) Article 39(a) — a Directive Principle of State Policy.