Which among the following cannot be challenged in a court?a)Fundamenta...
Both the fundamental rights and directive principles of state policies have a common origin but, DPSP is not enforceable and questionable in court of law because they are the moral responsibilities of the state which a state has to follow for benefits of its citizens.
It includes policies of opening hospitals, etc. The state can or cannot fulfill this, but in our country, government is democratically elected so they are naturally answerable to voters so, state generally fulfills it but, there is no provision by which a state can be dragged to court of law for not fulfilling the DPSP.
But, it is not so in case of fundamental rights where a state is answerable to the court in a case when Citizens are denied their fundamental rights.
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Which among the following cannot be challenged in a court?a)Fundamenta...
Explanation:
The correct answer is option 'B' - Directive principles of state policy.
Explanation:
Directive principles of state policy are the guidelines given to the state to establish a just society. These principles are not justiciable, which means they cannot be enforced by a court of law. They are non-justiciable in nature.
What are Directive Principles of State Policy?
Directive principles of state policy are a set of guidelines or principles given in Part IV of the Indian Constitution. They provide guidance to the government on how to govern the country and work towards establishing a welfare state. These principles aim to promote economic and social democracy.
Why are Directive Principles non-justiciable?
The framers of the Indian Constitution considered the social and economic conditions prevailing in the country at the time of its formation. They understood that it would not be practical to make all the Directive Principles legally enforceable. Many of these principles require substantial resources and time to implement.
Role of Directive Principles:
Although Directive Principles are non-justiciable, they play an important role in guiding the government's policy-making process. They act as a moral and political force, compelling the government to take necessary actions towards the welfare of the people and the development of the country.
Importance of Fundamental Rights:
Fundamental Rights, on the other hand, are justiciable and can be enforced by a court of law. These rights are guaranteed to every citizen and protect their individual liberties and freedoms. They are considered as the cornerstone of a democratic society and provide protection against any violation by the state or any other individual.
Conclusion:
While Fundamental Rights, freedom to choose any profession or business, and right to move freely to any part of the country are all justiciable and can be enforced in a court of law, Directive Principles of State Policy are non-justiciable and cannot be challenged in a court. They serve as a guiding light for the government in formulating policies and laws but cannot be enforced through legal means.