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Zorluk: OrtaFundamental Rights, Directive Principles, and Fundamental Duties

Consider the following statements regarding the nature and enforceability of Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) under the Constitution of India:

1. Fundamental Rights primarily operate as negative obligations restricting State action, whereas Directive Principles serve as positive obligations directing State action toward welfare goals.
2. Any law enacted by Parliament to implement any Directive Principle automatically overrides all Fundamental Rights contained in Part III.
3. A law cannot be declared unconstitutional by courts solely on the ground that it violates or fails to implement a Directive Principle of State Policy.

Which of the statements given above is/are correct?

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

Cevap

Statements 1 and 3 are correct, while Statement 2 is incorrect.
Statement 1 accurately reflects the functional distinction: Fundamental Rights limit State authority to protect individual freedoms (negative obligations), whereas Directive Principles instruct the State to act positively toward socio-economic welfare. Statement 3 correctly identifies that because Directive Principles are non-justiciable (Article 37), courts cannot invalidate legislation solely for contravening Part IV provisions.

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1
Evaluate Statement 1 on the constitutional nature of Part III and Part IV provisions.
Statement 1 is correct.
Fundamental Rights mostly act as negative injunctions against arbitrary State actions (e.g., Article 14, 15, 21), whereas Directive Principles (Part IV) lay down affirmative, positive guidelines for creating a social and economic democracy.
2
Evaluate Statement 2 regarding the hierarchy and overriding capacity of DPSPs over Part III rights.
Statement 2 is incorrect.
Laws implementing DPSPs do not enjoy blanket immunity or automatic precedence over all Fundamental Rights. Under Article 31C, only laws giving effect to Article 39(b) and 39(c) are protected against Articles 14 and 19, provided they do not destroy the basic structure of the Constitution.
3
Evaluate Statement 3 regarding judicial review and enforceability of non-justiciable principles.
Statement 3 is correct.
According to Article 37, Directive Principles are non-justiciable and non-enforceable by any court. Thus, courts cannot invalidate an Act of Parliament purely because it fails to fulfill a DPSP.

Anahtar Kavram

Harmony and Balance between Fundamental Rights and Directive Principles of State Policy
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Konular

Fundamental Rights, Directive Principles, and Fundamental Duties

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