Examkin

Question

Difficulty: MediumFundamental Rights, Directive Principles, and Fundamental Duties

Consider the following statements regarding the constitutional relationship and legal status of Fundamental Rights, Directive Principles of State Policy (DPSP), and Fundamental Duties in India:

1. Article 31C accords legal protection to laws enacted to implement Directive Principles under Article 39(b) and Article 39(c), even if they conflict with Fundamental Rights under Articles 14 and 19.
2. Part IV-A containing the Fundamental Duties under Article 51A was originally incorporated into the Constitution by the 44th Constitutional Amendment Act, 1978.
3. While Fundamental Rights under Part III are directly justiciable in courts of law, Directive Principles under Part IV and Fundamental Duties under Part IV-A are non-justiciable by themselves.

Which of the statements given above are correct?

  1. 1 and 3 onlyAnswer
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

1 and 3 only
The option stating '1 and 3 only' is correct. Statement 1 accurately reflects the constitutional provision of Article 31C, which safeguards laws enacted to achieve the socialist objectives under Article 39(b) and 39(c) against invalidation under Articles 14 and 19. Statement 3 accurately describes enforceability differences: Part III rights are justiciable, whereas Part IV principles and Part IV-A duties are non-justiciable. Statement 2 is incorrect because Fundamental Duties were inserted by the 42nd Amendment Act, 1976, not the 44th Amendment Act, 1978.

Step-by-Step Solution

1
Analyze Statement 1 regarding Article 31C
Statement 1 is correct.
Article 31C (inserted by 25th Constitutional Amendment Act, 1971) explicitly gives primacy to Directive Principles specified in Article 39(b) and 39(c) over the Fundamental Rights guaranteed under Article 14 (Equality before Law) and Article 19 (Six Freedoms).
2
Analyze Statement 2 regarding Constitutional Amendment Act for Fundamental Duties
Statement 2 is incorrect.
Fundamental Duties (Part IV-A, Article 51A) were added by the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee. The 44th Amendment Act was enacted in 1978 to undo several changes made during the Emergency.
3
Analyze Statement 3 regarding judicial enforceability
Statement 3 is correct.
Fundamental Rights (Part III) are legally justiciable and can be directly enforced via writs under Articles 32 and 226. In contrast, Directive Principles (Part IV) and Fundamental Duties (Part IV-A) are constitutionally non-justiciable.

Key Concept

Interrelationship and Enforceability of Fundamental Rights, DPSPs, and Fundamental Duties
Estimated Time:1m 15s
Rate this question

Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

More questions from this topic