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The philosophical part of Indian constitution (Fundamental Rights & Directive Principle of state policy) was imported from which of the following?
  • a)
    USA & Britain
  • b)
    USSR & Britain
  • c)
    Germany & USSR
  • d)
    USA & Ireland
Correct answer is option 'D'. Can you explain this answer?
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The philosophical part of Indian constitution (Fundamental Rights & D...
The philosophical part of the Indian Constitution, specifically the Fundamental Rights, is deeply rooted in the principles of equality, justice, and liberty. These rights are considered to be the basic and essential rights that every individual in India is entitled to.

The philosophy behind the Fundamental Rights can be traced back to the teachings of various philosophical and political thinkers, such as Mahatma Gandhi, Jawaharlal Nehru, B.R. Ambedkar, and many others. These thinkers advocated for the ideals of social justice, individual freedom, and the protection of human rights.

The Fundamental Rights in the Indian Constitution are enshrined in Part III, from Article 12 to Article 35. They guarantee certain basic rights to all citizens of India, irrespective of their caste, religion, gender, or any other discriminatory factor. These rights include:

1. Right to Equality: This includes the right to equality before the law, prohibition of discrimination on various grounds, and the right to equal protection of the law.

2. Right to Freedom: This includes freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement, freedom of profession, occupation, trade, or business, and the right to practice any profession or carry on any occupation, trade, or business.

3. Right against Exploitation: This includes the prohibition of trafficking in human beings, forced labor, and child labor.

4. Right to Freedom of Religion: This includes the freedom of conscience and the right to freely profess, practice, and propagate any religion.

5. Cultural and Educational Rights: This includes the right to conserve one's language, script, and culture, and the right to establish and administer educational institutions of one's choice.

6. Right to Constitutional Remedies: This includes the right to move the Supreme Court or High Courts for the enforcement of Fundamental Rights through writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

The philosophical underpinnings of these Fundamental Rights emphasize the importance of individual freedom, equal treatment, and protection from discrimination. They reflect the belief that every individual deserves certain basic rights and protections, and that the state has a duty to ensure their realization.

Overall, the inclusion of the Fundamental Rights in the Indian Constitution reflects the commitment of the framers of the constitution to create a just and egalitarian society, where the dignity and rights of every individual are upheld.
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The philosophical part of Indian constitution (Fundamental Rights & D...
The structural part of constitution is based on Government of India Act 1935, whereas philosophical part comprised of Fundamental Right and Directive Principles of state policy are derived from Constitution of USA & Ireland respectively.
Hence, the correct option is (D).
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Directions: Kindly read the passage carefully and answer the questions given beside.Part IV of the Constitution contains Directive Principles of State Policy which provide guidelines for the government to govern the country. These Directives are different from the Fundamental Rights contained in Part III of the Constitution and the ordinary laws of the land in several respects. They are not enforceable in courts and do not create any justiciable rights in favor of individuals. They require implementation by legislation and do not confer or take away any legislative power from the appropriate legislature. The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles, nor can they compel the government to carry out any Directives or to make any law for that purpose. However, it is the duty of the state to implement the Directives subject to the limitations imposed by different provisions of the Constitution upon the exercise of legislative and executive power by the state The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights — one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law Courts. Later on however, the former were put under the head ‘Fundamental Rights’ as Part III which we have already discussed and the latter were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’ which are discussed in the following pages. The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are neverthless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. The Directives, however, differ from the fundamental rights contained in PartIII of the Constitution or the ordinary laws of the land in the following respects: (i) The Directives are not enforceable in the courts and do not create any justiciable rights in favour of individuals. (ii) The Directives require to be implemented by legislation and so long as there is no law carrying out the policy laid down in a Directive, neither the state nor an individual can violate any existing law. (iii) The Directives per-se do not confer upon or take away any legislative power from the appropriate legislature. (iv) The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles. (v) The courts are not competent to compel the Government to carry out any Directives or to make any law for that purpose. (vi) Though it is the duty of the state to implement the Directives, it can do so only subject to the limitations imposed by the different provisions of the Constitution upon the exercise of the legislative and executive power by the state.Q. Sahil, an Indian citizen, submitted a petition to the High Court, contesting the constitutional validity of a state law that permitted private companies to acquire agricultural land for industrial purposes without obtaining the consent of farmers. Sahils argument centered on the assertion that this law contravened the Directive Principles of State Policy found in Part IV of the Constitution. These principles mandate that the state must safeguard the interests of farmers and promote agriculture. In response, the state government argued that the law was valid because it had been enacted to attract investments and generate employment opportunities, which are also significant constitutional objectives. Which of the following options accurately characterizes the relationship between the Directive Principles of State Policy and the fundamental rights of citizens?

Fundamental rights and DPSP as cherished in the Constitution of India together comprises the human rights of an individual. Fundamental rights are also known as inherent rights because they are inherent to every person by birth. These are the rights which provide an individual with some basic rights for the purpose of survival.No discrimination is made on the basis of religion, caste, race etc. and if any person feels so that his fundamental rights are being infringed then he can surely approach to court for the violation of his rights. The concept of DPSP emerged from Article 45 of the Irish Constitution. DPSP imposes a duty upon the state not only to protect and acknowledge the Fundamental right of the individual but also to achieve Social-economic goals. DPSPs are contained in Part IV of the Indian Constitution of India.Certain guidelines are present for the state authority to work upon them for the protection of society. It mostly focuses on welfare and improvement of society altogether. As fundamental rights are enforceable in a court of law, DPSP cannot be enforced for making any rules, policy or guidelines. Though the judiciary continued to hold that the Directives were subordinate to the Fundamental Rights, an attempt was made to achieve the ideals mentioned Directive Principles. The Supreme Court's view regarding the interplay of Directive principles and Fundamental Rights underwent a change. The courts came to realize that there should not be any conflicts between two sets of provisions of the Constitution which have a common origin and a common objective as would nullify either of them. The way out was found to lie in the doctrine of harmonious construction, arising out of the cannon of interpretation that parts of the same instrument must be read together in order to reconcile them with one another. Applying this doctrine, the Supreme Court came to adopt the view that in determining the ambit the ambit of Fundamental Rights themselves, the court might look at relevant Directive Principles.It can be concluded by saying that the basic feature of the constitution is to maintain harmony between fundamental rights and DPSP. They are complementary and supplementary to each other. The theme of fundamental rights must be made in light to DPSP.Q. In case of irreconcilable conflict between Directiv e Principles of State Policy and Fundamental Rights, the latter shall prevail. Promotion of public health is a Directive Principle of State Policy. Hema is a rural women recently married. There is no LPG in their village and she cooks food on 'chullas' (brick-wood oven) which is the only way to cook food in her village.According to a study by World Health Organization, prolonged exposure to the smoke from chullas leads to lung cancer. The government of India banned all chullas. Hema seeks your advice.

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble.The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy."Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Q. Directive Principles of State Policy is non-justiciable and shall not be enforceable by any court of law.Shreeyam works as a peon in a government department of state and is paid a salary which is less than another peon employed in a different department of the same state though both have similar duties to discharge and both possess similar qualifications. Shreeyam has filed a writ petition claiming the same salary as the other peon under the principle of equal pay for equal work (which is a Directive Principle of State Policy) and his Fundamental Right to equality and equality of opportunity in matters relating to employment.

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble. The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy.""Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Directive Principles of State Policy is non-justiciable and shall not be enforceable by any court of law. Shreeyam works as a peon in a government department of state and is paid a salary which is less than another peon employed in a different department of the same state though both have similar duties to discharge and both possess similar qualifications. Shreeyam has filed a writ petition claiming the same salary as the other peon under the principle of equal pay for equal work (which is a Directive Principle of State Policy) and his Fundamental Right to equality and equality of opportunity in matters relating to employment.

Read the following passage and answer the question as directed.In September 2019, the Supreme Court described {X} as a "shining example"with a Uniform Civil Code, and observed that the founders of the Constitution had "hoped and expected" a Uniform Civil Code for India but there has been no attempt at framing one.A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc. {Y} of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.{Y} is one of the directive principles. These, as defined in Article 37, are not justifiable (not enforceable by any court) but the principles laid down therein are fundamental in governance. Fundamental rights are enforceable in a court of law. While {Y} uses the words "state shall endeavour", other Articles in the Directive Principles chapter use words such as "in particular strive"; "shall in particular direct its policy"; "shall be obligation of the state", etc. Article 43 mentions "state shall endeavour by suitable legislation", while the phrase "by suitable legislation" is absent in {Y}. All this implies that the duty of the state is greater in other directive principles than in {Y}.There is no doubt that fundamental rights are more important. The Supreme Court held in Minerva Mills (1980): "Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles). To give absolute primacy to one over the other is to disturb the harmony of the Constitution". Article 31C inserted by the 42ndAmendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the fundamental rights under Articles 14{1} and 19.Indian laws do follow a uniform code in most civil matters – however, they have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws. Recently, several states refused to be governed by the uniform Motor Vehicles Act, 2019.If the framers of the Constitution had intended to have a Uniform Civil Code, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List. But "personal laws" are mentioned in the Concurrent List. Last year, the Law Commission concluded that a Uniform Civil Code is neither feasible nor desirable.Q.Which of the following is not a correct match in respect to parts of the Constitution?

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The philosophical part of Indian constitution (Fundamental Rights & Directive Principle of state policy) was imported from which of the following?a)USA & Britainb)USSR & Britainc)Germany & USSRd)USA & IrelandCorrect answer is option 'D'. Can you explain this answer?
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