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Zorluk: ZorFundamental Rights, Directive Principles, and Fundamental Duties

With reference to the Constitutional provisions and judicial interpretations governing Part III (Fundamental Rights), Part IV (Directive Principles of State Policy), and Part IVA (Fundamental Duties) of the Constitution of India, consider the following statements:

1. Laws enacted to implement the Directive Principles specified in Article 39(b) and Article 39(c) are protected under Article 31C from being declared void on grounds of violating Article 14 and Article 19.
2. Fundamental Duties enumerated under Article 51A were incorporated in the original Constitution of 1949 and can be directly enforced by citizens through writs issued under Article 32.
3. The Supreme Court ruled in the Minerva Mills case (1980) that the Constitution is founded on the bedrock of balance and harmony between Part III and Part IV.

Which of the statements given above are correct?

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

Cevap

Statements 1 and 3 are correct.
The correct response identifies statements 1 and 3 as true while ruling out statement 2. Article 31C grants constitutional immunity to laws fulfilling Article 39(b) and 39(c) against challenges under Articles 14 and 19. In Minerva Mills (1980), the Supreme Court firmly established that harmony between Fundamental Rights and DPSPs is part of the basic structure. Statement 2 is false because Part IVA was introduced by the 42nd Amendment Act in 1976 and is non-justiciable.

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1
Evaluate Statement 1 regarding Article 31C and Article 39(b) & (c).
Statement 1 is correct.
The 25th Constitutional Amendment Act, 1971 inserted Article 31C, which explicitly provides that no law giving effect to the Directive Principles contained in Article 39(b) and Article 39(c) shall be deemed void on the ground that it is inconsistent with or takes away rights conferred by Article 14 or Article 19. The Supreme Court upheld this protection in the Kesavananda Bharati case (1973).
2
Evaluate Statement 2 regarding the origin and enforceability of Fundamental Duties.
Statement 2 is incorrect.
Fundamental Duties were not part of the original Constitution of India adopted in 1949. They were added to Part IVA (Article 51A) upon recommendations of the Swaran Singh Committee via the 42nd Constitutional Amendment Act, 1976. Furthermore, like Directive Principles, Fundamental Duties are non-justiciable and cannot be enforced directly through writ petitions under Article 32.
3
Evaluate Statement 3 regarding the Minerva Mills judgment of 1980.
Statement 3 is correct.
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down provisions of the 42nd Amendment that gave absolute primacy to all Directive Principles over Fundamental Rights, holding that the Constitution is founded on the bedrock of balance and harmony between Part III and Part IV.

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Constitutional relationship, legal primacy, and enforceability differences among Fundamental Rights, Directive Principles, and Fundamental Duties.
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Fundamental Rights, Directive Principles, and Fundamental Duties

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