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The justiciability of Fundamental Rights and the moral obligation of the State to implement Directive Principles have led to a conflict between the two since the commencement of the Constitution. In this context, consider the following statements:
1. The Parliament can amend the Fundamental Rights for implementing any of the Directive Principles.
2. Articles 39 (b) and 39 (c) have been given priority over all the Fundamental Rights.
Which of the above statements is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
The justiciability of Fundamental Rights and the moral obligation of t...
Statement 2 is incorrect: Only Article 39 (b) and Article 39 (c) can be given precedence over Articles 14 and 19. Supplementary notes: Position of FR over DPSPs  The justiciability of Fundamental Rights and non-justiciability of Directive Principles on the one hand and the moral obligation of State to implement Directive Principles (Article 37) on the other hand have led to a conflict between the two since the commencement of the Constitution.  In the Champakam Dorairajan case (1951), the Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. It declared that the Directive Principles have to conform to and run as subsidiary to the Fundamental Rights. But, it also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.  But in the Golaknath case (1967), the Supreme Court ruled that the Parliament cannot take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. In other words, the Court held that the Fundamental Rights cannot be amended for the implementation of the Directive Principles.  The Parliament then enacted the 24th Amendment Act (1971), 25th Amendment Act (1971) and 42nd amendment Act (1976) which conferred supremacy of DPSPs over FRs.  After the Minerva Mills case (1980), Fundamental Rights enjoyed supremacy over the Directive Principles. Only Article 39 (b) and Article 39 (c) can be given precedence over Articles 14, 19.  In the Minerva Mills case, the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. They together constitute the core of commitment to social revolution.  But, the Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.
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The justiciability of Fundamental Rights and the moral obligation of the State to implement Directive Principles have led to a conflict between the two since the commencement of the Constitution. In this context, consider the following statements:1. The Parliament can amend the Fundamental Rights for implementing any of the Directive Principles.2. Articles 39 (b) and 39 (c) have been given priority over all the Fundamental Rights.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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The justiciability of Fundamental Rights and the moral obligation of the State to implement Directive Principles have led to a conflict between the two since the commencement of the Constitution. In this context, consider the following statements:1. The Parliament can amend the Fundamental Rights for implementing any of the Directive Principles.2. Articles 39 (b) and 39 (c) have been given priority over all the Fundamental Rights.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about The justiciability of Fundamental Rights and the moral obligation of the State to implement Directive Principles have led to a conflict between the two since the commencement of the Constitution. In this context, consider the following statements:1. The Parliament can amend the Fundamental Rights for implementing any of the Directive Principles.2. Articles 39 (b) and 39 (c) have been given priority over all the Fundamental Rights.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The justiciability of Fundamental Rights and the moral obligation of the State to implement Directive Principles have led to a conflict between the two since the commencement of the Constitution. In this context, consider the following statements:1. The Parliament can amend the Fundamental Rights for implementing any of the Directive Principles.2. Articles 39 (b) and 39 (c) have been given priority over all the Fundamental Rights.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?.
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