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Difficulty: HardFundamental Rights, Directive Principles, and Fundamental Duties

Which of the following statements regarding the constitutional framework, enforceability, and amendments concerning Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties under the Constitution of India are correct?

  1. Directive Principles of State Policy contained in Part IV are non-justiciable in a court of law, yet Article 37 explicitly declares them fundamental in the governance of the country and places a duty on the State to apply these principles in making laws.Answer
  2. B
    The writ jurisdiction of the Supreme Court under Article 32 is wider than that of the High Courts under Article 226, as the Supreme Court can issue writs for both Fundamental Rights and ordinary legal rights.
  3. The 86th Constitutional Amendment Act of 2002 concurrently modified a Directive Principle under Article 45, inserted a new Fundamental Right under Article 21A, and added an additional Fundamental Duty under Article 51A.Answer
  4. D
    The Fundamental Duties incorporated into Part IVA by the 42nd Constitutional Amendment Act are self-executory and directly enforceable by constitutional writ proceedings in the High Courts and Supreme Court.

Answer

The correct statements are that Directive Principles under Part IV are non-justiciable yet fundamental in governance under Article 37, and that the 86th Constitutional Amendment Act of 2002 simultaneously updated Article 45 (DPSP), enacted Article 21A (Fundamental Right), and added clause (k) to Article 51A (Fundamental Duty).
The statement regarding Directive Principles accurately reflects Article 37, which establishes that while Part IV is non-justiciable, it remains fundamental to governance. Furthermore, the statement regarding the 86th Constitutional Amendment Act correctly identifies that it instituted linked provisions in Part III (Article 21A), Part IV (Article 45), and Part IVA (Article 51A, clause k).

Step-by-Step Solution

1
Analyze the enforceability and status of Directive Principles of State Policy under Article 37.
Article 37 explicitly specifies that Part IV provisions are not enforceable by any court, but emphasizes that they are fundamental in the governance of the country.
This establishes the distinction between justiciable Fundamental Rights and non-justiciable Directive Principles.
2
Compare the writ jurisdiction of the Supreme Court under Article 32 with High Courts under Article 226.
Article 32 is restricted to the enforcement of Fundamental Rights, whereas Article 226 permits High Courts to issue remedies for Fundamental Rights and any other legal rights.
High Court writ jurisdiction under Article 226 is broader in scope than the Supreme Court's under Article 32.
3
Examine the statutory and constitutional impacts of the 86th Constitutional Amendment Act, 2002.
The 86th Amendment added Article 21A (Fundamental Right), altered the subject matter of Article 45 (DPSP), and added duty (k) to Article 51A (Fundamental Duty).
It connected all three constitutional pillars around the single theme of education for children.
4
Evaluate the direct enforceability of Fundamental Duties under Part IVA.
Fundamental Duties are not automatically enforceable by writs; judicial enforcement depends on specific parliamentary enactments.
The Constitution does not provide direct legal sanctions for the violation of Fundamental Duties.

Key Concept

Interrelationship, Enforceability, and Constitutional Amendments across Fundamental Rights, Directive Principles, and Fundamental Duties
Estimated Time:2m 0s
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Topics

Fundamental Rights, Directive Principles, and Fundamental Duties

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