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Zorluk: KolayFundamental Rights, Directive Principles, and Fundamental Duties

Which of the following statements regarding Fundamental Rights, Directive Principles, and Fundamental Duties under the Constitution of India are correct?

  1. Fundamental Rights under Part III are justiciable and legally enforceable by courts.Cevap
  2. Directive Principles of State Policy under Part IV are non-justiciable in nature.Cevap
  3. C
    Fundamental Duties under Part IV-A were included in the original text of the Constitution adopted in 1949.
  4. D
    Article 32 confers writ jurisdiction specifically upon High Courts for the protection of Fundamental Rights.

Cevap

The correct statements are that Fundamental Rights under Part III are justiciable and Directive Principles of State Policy under Part IV are non-justiciable.
The statements confirming that Fundamental Rights under Part III are justiciable and that Directive Principles of State Policy under Part IV are non-justiciable are constitutionally accurate. Article 32/226 makes Part III enforceable in courts, whereas Article 37 explicitly renders Part IV non-enforceable by courts.

Adım Adım Çözüm

1
Evaluate the enforceability of Fundamental Rights (Part III).
Fundamental Rights are justiciable, meaning individuals can move the Supreme Court or High Courts for their enforcement.
Articles 32 and 226 explicitly guarantee constitutional remedies for violations of Part III rights.
2
Evaluate the legal nature of Directive Principles of State Policy (Part IV).
Directive Principles are non-justiciable guidelines for state policy.
Article 37 explicitly declares that Part IV provisions shall not be enforceable by any court.
3
Verify the constitutional origin of Fundamental Duties (Part IV-A).
Fundamental Duties were introduced later by amendment.
Part IV-A was added by the 42nd Amendment Act in 1976, not included in the original 1949 Constitution.
4
Verify the article governing Supreme Court versus High Court writ jurisdiction.
Article 32 pertains to the Supreme Court, while Article 226 pertains to High Courts.
Article 32 is itself a Fundamental Right to approach the Supreme Court, whereas Article 226 provides writ powers to High Courts.

Anahtar Kavram

Basic nature, enforceability, and constitutional placement of Fundamental Rights, DPSPs, and Fundamental Duties.
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