Directive Principles of State Policy: Identifying the Incorrect Statement
This solution analyzes the given statements regarding the Directive Principles of State Policy (DPSPs) under the Indian Constitution to identify the incorrect one.
Analysis of Statements on DPSPs
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Statement 1: They are not enforceable in a court of law.
This statement is correct. Article 37 of the Constitution explicitly states that the DPSPs are fundamental in the governance of the country and that the State shall apply these principles in making laws. However, these principles are not directly enforceable by any court, meaning they are non-justiciable.
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Statement 2: They can override all the fundamental rights.
This statement is incorrect. While the Constitution aims for harmony between Fundamental Rights (Part III) and DPSPs (Part IV), DPSPs cannot override *all* Fundamental Rights. Fundamental Rights are generally considered superior and justiciable, whereas DPSPs are non-justiciable guidelines. Judicial pronouncements, like the basic structure doctrine, have reinforced that DPSPs cannot violate the core aspects of Fundamental Rights. Although certain amendments grant precedence to specific DPSPs (like those related to socio-economic justice under Article 39(b) & (c)) over some Fundamental Rights, a universal override is not established.
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Statement 3: They can be related to social and economic justice.
This statement is correct. The primary objective of DPSPs is to establish India as a welfare state by securing social and economic justice for its citizens.
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Statement 4: They can be related to giving free legal aid.
This statement is correct. Article 39A of the Constitution, which falls under the Directive Principles, directs the State to ensure that the legal system promotes justice and provides free legal aid, particularly to those who cannot access it due to economic or other disabilities.
Conclusion
Based on the analysis, the statement that is not correct with regard to the Directive Principles of State Policy is that they can override all the fundamental rights.
Important Questions from Directive Principles of State Policy
In which Amendment of the Constitution, the Government of India made a pioneering attempt to provide for 'workers' participation in management in industry', by suitable legislation in the Directive Principles of State Policy?
Which of the following is NOT included in the category of Directive Principles of State Policy of the Indian Constitution?
Which of the following statements are correct about Directive Principles of State Policy of the Indian Constitution?
A) They are negative in nature.
B) They have moral and political sanctions.
C) They promote the welfare of the rich.
D) They are positive in nature.
With reference to Directive Principles of State Policy consider the following statements :
1. The Directive Principles of State Policy of Indian Constitution have been clearly divided into three parts i.e. Socialist, Gandhian and Liberal.
2. Directive principles of State Policy related to co-operative society (under Article 43) of Indian Constitution is taken from Nehru's objective resolution of 1946.
Which of the statements given above is/are incorrect?Consider the following pairs:
1. Equal Justice and Free Legal Aid : Article 36 of Constitution
2. Promotion of Cooperative Societies : Article 43B of Constitution
3. Participation of Workers in Management of Industries : Article 43A of Constitution
How many of the above pairs are correctly matched?
