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Zorluk: OrtaFundamental Rights, Directive Principles, and Fundamental Duties

Which of the following statements regarding the constitutional scope of Directive Principles of State Policy and Fundamental Duties are correct?

  1. Laws enacted to implement the Directive Principles specified in Article 39(b) and Article 39(c) are protected from being declared void on the ground of violating Articles 14 and 19.Cevap
  2. B
    Fundamental Duties under Part IV-A were included in the original Constitution of India of 1950 based on the recommendations of the Drafting Committee.
  3. Certain directive principles to the State exist outside Part IV of the Constitution, such as the provision regarding instruction in the mother tongue at the primary stage of education.Cevap
  4. D
    Directives specified in Part IV of the Constitution are directly enforceable by citizens through writs issued by the Supreme Court under Article 32.

Cevap

The correct statements are that laws implementing Article 39(b) and 39(c) are immune to challenges under Articles 14 and 19 via Article 31C, and that directive principles exist outside Part IV, such as Article 350-A regarding primary education in the mother tongue.
The statement regarding Article 31C protection for Article 39(b) and 39(c) directives over Articles 14 and 19 is constitutionally accurate. Additionally, the statement noting directives outside Part IV (such as mother-tongue primary instruction under Article 350-A) is correct as the Constitution places several directives in Parts XVI and XVII.

Adım Adım Çözüm

1
Analyze the constitutional validity and immunity of Directive Principles under Article 31C.
Article 31C protects legislation giving effect to Article 39(b) and Article 39(c) from judicial invalidation under Article 14 and Article 19.
This primacy was established by the 25th Amendment Act, 1971, and upheld in judicial precedents regarding these specific provisions.
2
Examine the origin and historical timeline of Part IV-A (Fundamental Duties).
Fundamental Duties were inserted by the 42nd Amendment Act of 1976 on the Swaran Singh Committee's recommendations, not in the original 1950 text.
The original Constituent Assembly framed Part III and Part IV but did not include a separate chapter on duties.
3
Identify non-Part IV Directives within the Constitution of India.
Article 350-A (Instruction in mother tongue) in Part XVII, Article 351 (Spread of Hindi language) in Part XVII, and Article 335 (Claims of SCs/STs to services) in Part XVI serve as constitutional directives outside Part IV.
Though non-justiciable like Part IV, these provisions are located in different Parts of the Constitution.
4
Evaluate the enforceability of Part IV directives under Article 32 writ jurisdiction.
Directives in Part IV are non-justiciable under Article 37 and cannot be enforced through writs issued under Article 32.
Article 32 remedies apply strictly to Fundamental Rights in Part III, whereas Directive Principles guide governance without being directly enforceable by courts.

Anahtar Kavram

Relationship, constitutional remedies, and non-justiciability provisions of Fundamental Rights, Directive Principles, and Fundamental Duties
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Fundamental Rights, Directive Principles, and Fundamental Duties

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