Examkin

Soru

Zorluk: Çok zorFundamental Rights, Directive Principles, and Fundamental Duties

In the context of the Indian Constitutional framework governing Fundamental Rights (Part III), Directive Principles of State Policy (Part IV), and Fundamental Duties (Part IV-A), which of the following assertions accurately describes their legal enforceability, operational scope, and judicial applicability?

  1. Directive Principles are non-justiciable per se, but Parliament can make specific directives statutorily enforceable through enabling legislation, whereas Fundamental Duties apply exclusively to citizens of India.Cevap
  2. B
    Courts can issue a writ of mandamus to compel Parliament to enact legislation fulfilling Directive Principles, and Fundamental Duties apply equally to citizens and foreign nationals.
  3. C
    Directive Principles automatically override all Fundamental Rights during a National Emergency, and Fundamental Duties are directly enforceable by High Courts under Article 226 without any enabling legislation.
  4. D
    Both Directive Principles and Fundamental Duties are directly justiciable in the Supreme Court under Article 32 without requiring any statutory enactments by Parliament.

Cevap

Directive Principles are non-justiciable per se, but Parliament can make specific directives statutorily enforceable through enabling legislation, whereas Fundamental Duties apply exclusively to citizens of India.
The assertion stating that Directive Principles are non-justiciable per se but can be made statutorily enforceable by parliamentary legislation, while Fundamental Duties apply strictly to citizens of India, is completely accurate. Article 37 prohibits direct court enforcement of Part IV, but legislature-driven statutes translate these duties into actionable legal rights. Concurrently, Article 51A applies exclusively to citizens.

Adım Adım Çözüm

1
Analyze the justiciability and statutory enforceability of Directive Principles of State Policy (DPSP under Part IV).
Article 37 explicitly states that Part IV provisions are not enforceable by any court. However, Parliament and State Legislatures possess full constitutional authority to pass statutory laws implementing specific DPSPs (e.g., National Food Security Act under Art 47, Equal Remuneration Act under Art 39(d)), making them legally enforceable via statutory rights.
Understanding the distinction between constitutional non-justiciability (Art 37) and statutory enforceability is essential.
2
Examine the applicability and enforcement scope of Fundamental Duties (Part IV-A, Article 51A).
Article 51A begins explicitly with: 'It shall be the duty of every citizen of India...'. Unlike certain Fundamental Rights (such as Articles 14, 20, and 21) which extend to 'any person' (citizens and non-citizens alike), Fundamental Duties bind citizens exclusively.
Distinguish between constitutional provisions applicable to all persons versus those restricted strictly to Indian citizens.
3
Evaluate judicial writ jurisdiction regarding Part IV directives and Part IV-A duties.
Superior courts (Supreme Court under Article 32 and High Courts under Article 226) cannot issue a writ of mandamus to compel Parliament or State Assemblies to pass specific legislation giving effect to non-justiciable DPSPs or non-statutory Fundamental Duties.
Respect the separation of powers and judicial limits regarding non-justiciable constitutional parts.

Anahtar Kavram

Interrelationship, justiciability, statutory implementation, and personal scope of Fundamental Rights, DPSPs, and Fundamental Duties.
Bu soruyu puanla

Konular

Fundamental Rights, Directive Principles, and Fundamental Duties

Bu konudan daha fazla soru