Assertion (A): Directive Principles of State Policy contained in Part...
Directive Principles of State Policy and Fundamental Rights:
Assertion (A): Directive Principles of State Policy contained in Part IV shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
Reason (R): Directive Principles of State Policy and Fundamental Rights are both complementary to each other but in case of any controversy fundamental rights will prevail.
Explanation:
Directive Principles of State Policy (DPSP):
- Directive Principles of State Policy are a set of guidelines or principles given in Part IV of the Indian Constitution (Articles 36-51).
- They provide directions to the government to establish a welfare state and promote social and economic justice.
- These principles are not legally enforceable by any court, which means that individuals cannot directly approach the courts for their enforcement.
Fundamental Rights:
- Fundamental Rights are a set of basic rights guaranteed to every citizen of India.
- They are enshrined in Part III of the Indian Constitution (Articles 12-35) and are justiciable, meaning that individuals can approach the courts for their enforcement.
- These rights include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
Complementarity and Conflict:
- Both DPSP and Fundamental Rights are important components of the Indian Constitution and aim to promote the welfare of the citizens.
- While DPSPs provide the goals and ideals that the State should strive to achieve, Fundamental Rights guarantee individual liberties and freedoms.
- In case of any conflict between the two, the courts have consistently held that Fundamental Rights will prevail over DPSPs.
- This means that if a law or action violates an individual's fundamental rights, it can be challenged in the court and struck down as unconstitutional.
Explanation of Assertion and Reason:
- Assertion (A) correctly states that DPSPs are not enforceable by any court, but they are fundamental in the governance of the country.
- Reason (R) correctly states that DPSPs and Fundamental Rights are complementary to each other, but in case of any conflict, Fundamental Rights will prevail.
- Therefore, both the Assertion and Reason are individually true.
- Furthermore, the Reason provides the correct explanation for the Assertion, as it highlights the hierarchy of rights and principles within the Indian Constitution.
Conclusion:
- The correct answer is option 'B', as both the Assertion and Reason are individually true, and the Reason is the correct explanation of the Assertion.
- DPSPs and Fundamental Rights play important roles in the governance of India, with Fundamental Rights having a higher legal enforceability.
Assertion (A): Directive Principles of State Policy contained in Part...
The phrase 'directive principles of state policy' denotes the ideals that the state should keep in mind while formulating policies and enacting laws. These are the constitutional instructions or recommendations to all the public authorities in the country in legislative, executive and administrative matters. The directive principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation.
In the Minerva Mills & Others vs. Union of India (1980), the Supreme Court held that 'the Indian constitution is founded on the bedrock of the balance between the fundamental rights and the directive principles.
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