Which of the following is true about Fundamental Rights and DPSPs?
- (a)Both are justiciable and enforceable by courts
- (b)DPSPs override Fundamental Rights when in conflict
- (c)Fundamental Rights are justiciable, but DPSPs are not
- (d)DPSPs are guaranteed by the Constitution; Fundamental Rights are optional
Answer
Why
Correct — C. Fundamental Rights in Part III are justiciable: Article 32 lets a person move the Supreme Court to enforce them, and High Courts can enforce them under Article 226.
Directive Principles in Part IV are non-justiciable. Article 37 says they "shall not be enforceable by any court", though they are "fundamental in the governance of the country".
Why the others are wrong
- (a)Both are justiciable and enforceable by courts — Half wrong. Fundamental Rights are enforceable, but Article 37 expressly says no court can enforce the Directive Principles.
- (b)DPSPs override Fundamental Rights when in conflict — No blanket override. In State of Madras v. Champakam Dorairajan (1951) the Fundamental Rights prevailed, and Article 31C today shields only laws giving effect to Article 39(b) and (c), and only against Articles 14 and 19.
- (d)DPSPs are guaranteed by the Constitution; Fundamental Rights are optional — Reversed. The Fundamental Rights are the guaranteed, enforceable rights, and the Directive Principles are the ones courts cannot enforce.
Concept
Part III (Articles 12–35) holds the Fundamental Rights. Part IV (Articles 36–51) holds the Directive Principles of State Policy, borrowed from the Irish Constitution.
The difference is enforcement. A person can go to court when a Fundamental Right is violated. For the Directive Principles, Article 37 instead makes it the duty of the State to apply them in making laws.
Since Minerva Mills (1980), the Supreme Court has read the two Parts as a balance rather than a hierarchy.
Key facts
- Article 37: the Directive Principles "shall not be enforceable by any court" but are "fundamental in the governance of the country".
- Article 32, itself a Fundamental Right, guarantees the right to move the Supreme Court to enforce Part III.
- Part IV (Articles 36–51) contains the Directive Principles, drawn from the Irish Constitution.
- Article 31C protects laws giving effect to Article 39(b) and (c) from challenge under Articles 14 and 19.
Study next
Common traps
- Reading "fundamental in the governance of the country" as "enforceable" — the same sentence of Article 37 says they are not.
- Treating Article 31C as a general rule that Directive Principles beat Fundamental Rights, when it covers only Article 39(b) and (c) against Articles 14 and 19.
The same non-justiciability point is keyed at 9 Sep 2024, 12:30, GA Q.25, where "They are justiciable in nature" is the incorrect statement about DPSPs. Part IV's article range is asked at 26 Sep 2024, 09:00, GA Q.10.
Related PYQs
No directly related past PYQ was found.