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HCS (Haryana)Prelims2023General Studies
Question
Given below are two statements: Statement I : The Fundamental Rights are non-justiciable in the courts. Statement II : The Directive Principles of State Policy (DPSP) are made justiciable in the courts. In the light of the above statements, choose the correct answer from the options given below:
Options
- A Both Statements I and II are true.
- B Both Statements I and II are false.
- C Statement I is correct and Statement II is false.
- D Statement I is incorrect and Statement II is true.
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Correct Answer
B Both Statements I and II are false.
Model Answer
Fundamental Rights
- The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35).
- Part III of the Constitution is described as the Magna Carta of India.
- ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
- The Fundamental Rights are justiciable because when violated the aggrieved individual can move the courts for their enforcement. Hence, statement I is incorrect.
- The Supreme Court or High Courts have the power to issue directions or orders or writs for the enforcement of any of the Fundamental Right.
Directive Principles of State policy
- Articles 36 to 51 in Part IV of the Indian Constitution contain detailed provisions regarding the Directive Principles of State Policy (DPSPs).
- Unlike the Fundamental Rights, which are legally enforceable, the DPSPs are non-justiciable. Thus, they are not legally enforceable by the courts for their violation and the governments cannot be compelled to implement them. Hence, statement II is incorrect.
- They denote the constitutional instructions to the State in dealing with legislative, executive, and administrative matters. Thus, they serve as ideals to be kept in mind by the state while formulating policies and enacting laws.