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UPSC Exam  >  UPSC Questions  >   Which of the following two Directive Princip... Start Learning for Free
Which of the following two Directive Principles of State Policy (DPSPs) have been
given precedence over Fundamental Rights under Article 14 and Article 19?
  • a)
    Article 38 and Article 40
  • b)
    Article 50 and Article 51
  • c)
    Article 44 and Article 48
  • d)
    Article 39 (b) and Article 39 (c)
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Which of the following two Directive Principles of State Policy (DPSP...
  • Article 39 (b) provides for the equitable distribution of material resources of the community for the common good and Article 39 (c) provides for the prevention of concentration of wealth and means of production.
  • Article 39 (b) says that the State shall, in particular, direct its policy towards securing: that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
  • Article 39 (c) says that the State shall, in particular, direct its policy towards securing: that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
  • In the Golaknath Case (1967), the Supreme court had pronounced that the parliament cannot amend the Fundamental Rights to give effect to the Directive Principles of State Policy. The parliament responded again by bringing the 25th Amendment Act of the constitution which inserted Article 31C in Part III.
  • Article 31 C contained two provisions:
    • If a law is made to give effect to DPSPs in Article 39(b) and Article 39(c) and in the process, the law violates Article 14, Article 19, or Article 31, then the law should not be declared unconstitutional and void merely on this ground.
    • Any such law which contains the declaration that it is to give effect to DPSPs in Article 39(b) & Article(c) shall not be questioned in a court of law.
  • Later parliament brought the 42nd Amendment Act in 1976, which extended the scope of the above first provision of Article 31C by including within its purview any law to implement any of the DPSPs specified in Part IV of the constitutional and not merely Article 39(b) or (c). However, this extension was declared unconstitutional and void by the SC in the Minerva Mills Case(1980).
  • These two Directive Principles (under Article 39 (b) and Article 39 (c)) thus have been given precedence over Fundamental Right 14 (Right to Equality) and Fundamental Right 19 (Freedom of Speech and Expression). Hence option (d) is the correct answer.
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Which of the following two Directive Principles of State Policy (DPSP...

Explanation:

Directive Principles of State Policy (DPSPs):
- DPSPs are guidelines or principles given to the State to be kept in mind while framing laws and policies.
- They are not enforceable by any court, but the government is expected to implement them.

Article 39 (b) and Article 39 (c):
- Article 39 (b) directs the State to ensure that the ownership and control of material resources are distributed to serve the common good.
- Article 39 (c) directs the State to ensure that the operation of the economic system does not result in the concentration of wealth and means of production to the detriment of the common good.

Precedence over Fundamental Rights:
- In the case of conflicts between DPSPs and Fundamental Rights, the Supreme Court has held that DPSPs under Article 39 (b) and Article 39 (c) can take precedence over Fundamental Rights under Article 14 (Right to Equality) and Article 19 (Right to Freedom).
- This means that if a law or policy is made to implement Article 39 (b) and Article 39 (c) and it infringes upon the Right to Equality or Right to Freedom, the law or policy may still be considered valid.

Therefore, Article 39 (b) and Article 39 (c) of the Directive Principles of State Policy have been given precedence over Fundamental Rights under Article 14 and Article 19 in certain situations.
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Which of the following two Directive Principles of State Policy (DPSPs) have beengiven precedence over Fundamental Rights under Article 14 and Article 19?a)Article 38 and Article 40b)Article 50 and Article 51c)Article 44 and Article 48d)Article 39 (b) and Article 39 (c)Correct answer is option 'D'. Can you explain this answer?
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Which of the following two Directive Principles of State Policy (DPSPs) have beengiven precedence over Fundamental Rights under Article 14 and Article 19?a)Article 38 and Article 40b)Article 50 and Article 51c)Article 44 and Article 48d)Article 39 (b) and Article 39 (c)Correct answer is option 'D'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Which of the following two Directive Principles of State Policy (DPSPs) have beengiven precedence over Fundamental Rights under Article 14 and Article 19?a)Article 38 and Article 40b)Article 50 and Article 51c)Article 44 and Article 48d)Article 39 (b) and Article 39 (c)Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Which of the following two Directive Principles of State Policy (DPSPs) have beengiven precedence over Fundamental Rights under Article 14 and Article 19?a)Article 38 and Article 40b)Article 50 and Article 51c)Article 44 and Article 48d)Article 39 (b) and Article 39 (c)Correct answer is option 'D'. Can you explain this answer?.
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