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CLAT Exam  >  CLAT Questions  >   The Constitution of India borrowed the conce... Start Learning for Free
The Constitution of India borrowed the concept of Directive Principles of State Policy from the Constitution of
  • a)
    Ireland
  • b)
    USA
  • c)
    Netherlands
  • d)
    Canada
Correct answer is option 'A'. Can you explain this answer?
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The Constitution of India borrowed the concept of Directive Principle...
Option (1) is correct
The Constitution of India borrowed the concept of the Directive Principles of State Policy from the Constitution of Ireland.
The concept of fundamental rights has been borrowed from the Constitution of the USA.
The concept of bicameral parliament has been borrowed from the Constitution of the UK.
The concept of distribution of powers between the Centre and the States and placing residuary powers with the Centre was borrowed from the Constitution of Canada.
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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."Directive Principles of State Policy" is a borrowed feature of which countrys Constitution?

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.

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The Constitution of India borrowed the concept of Directive Principles of State Policy from the Constitution ofa)Irelandb)USAc)Netherlandsd)CanadaCorrect answer is option 'A'. Can you explain this answer?
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