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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. Can a court challenge the government of a state's law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?
  • a)
    Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.
  • b)
    No, the Directive Principles of State Policy cannot be legally enforced in a court of law.
  • c)
    The court can require the government to implement the Directive Principles of State Policy and revoke the law.
  • d)
    The court can only invalidate the law if it breaches the Fundamental Rights of citizens.
Correct answer is option 'B'. Can you explain this answer?
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Directions: Kindly read the passage carefully and answer the questions...
Challenging a law in court on the basis of it conflicting with the Directive Principles of State Policy is not a viable option because these principles are not subject to enforcement through legal proceedings. Option A is inaccurate because courts lack the authority to declare a law void solely for contravening the Directive Principles. Option C is also incorrect as courts cannot mandate the government to implement the Directive Principles or repeal laws based on them. Option D is misleading because the violation of Fundamental Rights and Directive Principles are distinct aspects in the Constitution and do not inherently overlap.
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Directions: Kindly read the passage carefully and answer the questions...
Understanding Directive Principles of State Policy
The Directive Principles of State Policy, as outlined in Part IV of the Constitution, serve as guidelines for the government to govern the country effectively. However, they possess distinct characteristics that differentiate them from Fundamental Rights.
Non-Enforceability in Courts
- The key aspect of Directive Principles is that they are not enforceable by any court. This means individuals cannot claim rights or challenge laws based solely on these principles.
- Courts cannot declare any law void on the grounds of contravention of the Directive Principles.
Implementation through Legislation
- Directive Principles require implementation through legislative action. Until a law is created to enforce a particular directive, neither the state nor individuals can violate existing laws.
- This further emphasizes the non-justiciable nature of the principles.
Judicial Limitations
- Courts lack the authority to compel the government to act in accordance with the Directive Principles. Thus, they cannot enforce compliance or revoke laws based on these directives.
- Legal challenges based on Directive Principles are not valid since they do not confer justiciable rights.
Conclusion
Given these characteristics, the correct answer to whether a court can challenge a state's law allowing industries in ecologically sensitive areas based on the Directive Principles is:
- Option B: No, the Directive Principles of State Policy cannot be legally enforced in a court of law.
This reflects the fundamental nature of these principles as guiding frameworks rather than enforceable rights, ensuring that the government has the discretion to implement them as it sees fit within constitutional limits.
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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?

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. What is the duty of the state regarding the implementation of Directive Principles?

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. According to Article 37 of the Constitution, what is the nature of the Directive Principles?

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. How do Directive Principles of State Policy differ from Fundamental Rights?

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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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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer?
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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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer?.
Solutions for 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice 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. Can a court challenge the government of a states law allowing industries in ecologically sensitive areas on the basis of it going against the Directive Principles of State Policy?a)Yes, the court has the authority to invalidate the law because it contradicts the Directive Principles of State Policy.b)No, the Directive Principles of State Policy cannot be legally enforced in a court of law.c)The court can require the government to implement the Directive Principles of State Policy and revoke the law.d)The court can only invalidate the law if it breaches the Fundamental Rights of citizens.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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