Test: Directive Principles of State Policy and Fundamental Rights - CLAT PG MCQ

Article 39A of the Indian Constitution ensures equal justice and free legal aid for all citizens, particularly for those who may not afford legal representation. This principle is crucial for maintaining the rule of law and ensuring that justice is accessible to everyone, irrespective of their economic status.

The Keshavananda Bharati vs. State of Kerala case (1973) established the Basic Structure Doctrine, asserting that while Parliament has the authority to amend the Constitution, it cannot alter its fundamental framework. This ruling is pivotal in maintaining the supremacy of the Constitution and protecting the rights of citizens.

The Directive Principles of State Policy guide the government in formulating laws and policies aimed at achieving social and economic justice, while Fundamental Rights protect individual freedoms and limit government power. This complementary relationship ensures that the government pursues its objectives without infringing on citizens' rights.

Land ownership is not included in the Concurrent List, as it typically falls under the State List, which gives states exclusive legislative powers over matters related to land and agriculture. This allows states to tailor laws according to local needs.

Article 48 encourages the organization of agriculture and animal husbandry on modern and scientific lines. This provision aims to enhance agricultural productivity and sustainability, reflecting the importance of agriculture in India's economy and the need for scientific methods to improve rural livelihoods.

The Zilla Parishad functions as the top tier of the Panchayati Raj system, overseeing development and coordinating activities among multiple Panchayat Samitis. It ensures that governance at the district level aligns with the needs of the villages.

Article 48A mandates the protection and improvement of the environment, forests, and wildlife. This provision reflects India's commitment to ecological conservation and sustainable development, recognizing the importance of a healthy environment for the well-being of its citizens.

Article 370 grants Jammu and Kashmir special status within India, meaning that not all provisions of the Indian Constitution apply to this state. This provision was a result of the unique circumstances surrounding its accession to India.

Article 46 promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of society. This provision aims to uplift marginalized communities and ensure their integration into the socio-economic fabric of the nation.

English is permitted to be used for official purposes for a period of 15 years from the commencement of the Constitution. This transition period was designed to allow time for Hindi to be progressively adopted as the official language.

Article 40 encourages the organization of village panchayats, promoting self-governance and grassroots democracy. This provision aims to empower local communities and enhance democratic participation at the village level, thereby fostering a sense of responsibility among citizens.

In the case of Champakam Dorairajan vs. State of Madras (1951), the Supreme Court ruled that Fundamental Rights hold precedence over Directive Principles. This landmark decision highlighted the importance of protecting individual rights against state actions that might infringe upon them, establishing a legal hierarchy between the two.

The Commission's primary role is to recommend to the President on the progressive use of Hindi for official purposes and to address restrictions on English usage. This ensures that language policies evolve in line with India’s linguistic landscape.

The High Court of Jammu & Kashmir cannot declare laws unconstitutional, which distinguishes it from other High Courts in India. Its powers are limited, emphasizing the unique legal framework established for the state under Article 370.

The primary official language of the Union of India, as stipulated in the Constitution, is Hindi, which is written in the Devanagari script. This designation reflects India's commitment to promoting Hindi while also recognizing the country's linguistic diversity.

Article 39 outlines specific policy principles that the state should follow, including the assurance of adequate means of livelihood, equal pay for equal work, and protection of children against exploitation. These provisions reflect the aim of promoting social welfare and protecting vulnerable groups within society.

The maintenance of public roads is an obligatory function of Panchayats, meaning they are legally required to make provisions for it. Discretionary functions are those that Panchayats can choose to undertake based on available resources.

The Preamble of the Constitution outlines the core objectives and intentions behind the Constitution, serving as a guiding principle for understanding the DPSPs. It reflects the ideals of justice, liberty, equality, and fraternity, which the DPSPs aim to achieve in governance.

Article 51A of the Indian Constitution lists the Fundamental Duties of citizens, which includes the responsibility of parents or guardians to provide education to their children between the ages of six and fourteen years. This duty underscores the importance of education in fostering a knowledgeable and responsible citizenry.

The 73rd and 74th Amendments were significant as they established a uniform three-tier system of Panchayati Raj and urban local bodies across India, thereby strengthening the framework for local self-governance and enhancing democratic participation at the grassroots level.

The primary purpose of the special provisions under Articles 371A to 371J is to grant autonomy and special status to certain states, acknowledging their unique cultural, historical, and geographical contexts. This helps in preserving local customs and governance structures.

The Gram Sabha is a legal assembly that includes all adult residents of a village or a cluster of villages. It plays a crucial role in local governance, reviewing budgets, and approving development schemes, thus fostering community participation.

The Directive Principles of State Policy are considered moral obligations of the state, rather than legal rights enforceable in court. While they guide the government in law-making and policy implementation, individuals cannot sue the government for non-compliance with these principles, reinforcing their non-justiciable nature.

The Village Panchayat is the lowest tier in the Panchayati Raj system and is directly responsible for local governance in each village. Members are elected by the village residents, ensuring local representation and accountability.

The Panchayat Samiti is responsible for overseeing development activities across multiple villages within a block. It coordinates the efforts of the Village Panchayats and addresses issues that exceed their individual capacities.

The 42nd Amendment, enacted in 1976, introduced a chapter on Fundamental Duties in the Indian Constitution. These duties serve as a reminder to citizens of their responsibilities towards the nation, emphasizing that rights and duties are interrelated in a democratic society.

The Commission for the Official Language is constituted by the President every ten years. This regular review helps ensure that language policies remain relevant to the evolving linguistic landscape of India.

Providing sanitation facilities is a mandatory provision for Panchayats. They are required to make reasonable provisions for various village needs, including sanitation, thereby ensuring public health and hygiene in rural areas.

The Directive Principles of State Policy (DPSPs) serve as guidelines for the state to ensure social and economic justice. While they are fundamental in governance, they are non-justiciable, meaning individuals cannot enforce them through the courts. This distinction emphasizes that while the state has a moral obligation to implement these principles, they do not have the same legal standing as Fundamental Rights, which are enforceable.

Article 45 of the Indian Constitution specifically calls for the state to provide early childhood care and education for children under the age of six. This provision recognizes the importance of early education in a child's development and aims to improve the educational standards in the country.