Prelims Revision Series | Polity | Directive Principles | 34

May 31, 2023

Which of the following cases is/are related to disputes between Fundamental Rights and Directive Principles of State Policy?
1. IR Coehlo Case, 2007
2. Golaknath case, 1967
3. Minerva Mill Case, 1980
Select the correct answer using the code given below.

(A) 1 and 2 only
(B) 2 and 3 only
(C) 1 and 3 only
(D) All of the above

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Answer: (b)

Golak Nath case, 1967 – In this case, Supreme Court held that Parliament can’t take away or abridge any of the Fundamental Rights, which are ‘sacrosanct’ in nature. Hence, the court held that Fundamental Rights can’t be amended for the implementation of DPSPs.
IR Coelho case in 2007—popularly known as the Ninth Schedule case.
Minerva Mill case: A law under Article 31C would be protected only if it is made to implement directives in article 39b and 39 c and not any other DPSPs

Which of the following Directive Principles was added by the 42nd Constitution amendment?
1. To secure opportunities for the healthy development of children.
2. To promote equal justice and to provide free legal aid to the poor.
Correct Code:

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) None of the above

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Answer: (c)

To secure opportunities for healthy development of children (Article 39)
To promote equal justice and to provide free legal aid to the poor (Article 39 A)
To take steps to secure the participation of workers in the management of industries (Article 43 A)

Who among the following described Directive Principles of State Policy (DPSP) as the 'moral precepts for the authorities of the state'?

(A) L.M. Singhvi
(B) Benegal Narsing Rau
(C) Rajendra Prasad
(D) B.R. Ambedkar

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Answer: (b)

Benegal Narsing Rau (B.N Rau) observed that ” Directive Principles are in the nature of moral precepts for the state authorities and are open to facile criticism that the constitution is not the place for moral precepts.

Which of the following statement is true in context of relevance of Directive Principles of State Policy?

(A) They are intended to fill in the vaccum in Part III by providing for social and economic rights.
(B) They help courts in exercising judicial review.
(C) They enable the opposition to exercise influence and control over the operations of the government.
(D) All of above

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Answer: (d)

They have served as useful beacon-lights to the courts. They have helped the courts in exercising their power of judicial review, that is, the power to determine the constitutional validity of a law.
They are supplementary to the fundamental rights of the citizens. They are intended to fill in the vacuum in Part III by providing for social and economic rights.
They enable the opposition to exercise influence and control over the operations of the government. The Opposition can blame the ruling party on the ground that its activities are opposed to the Directives.

Which of the following directive principles is/are based on the Gandhian Principles?
1. To promote equal justice and to provide free legal aid to the poor.
2. To raise the level of nutrition and the standard of living of people and to improve public health.
3. To organize village panchayats.
Select the correct answer using the code given below.

(A) 2 only
(B) 3 only
(C) 2 and 3 only
(D) 1, 2 and 3

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Answer: (b)

Statement 1 is not correct as it is a part of the Socialist principles but not Gandhian principles.
Statement 2 is not correct as it is also a part of Socialist principles.
Statement 3 is correct as Gandhiji had always advocated the self-governance model through village Panchayats.

Which one of the following statements with regard to the Directive Principles of State Policy is not correct?

(A) They are not enforceable in a court of law.
(B) They can override all the fundamental rights.
(C) They can be related to social and economic justice.
(D) They can be related to giving free legal aid.

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Answer: (b)

As per the Indian Constitution, the Separation of Judiciary from Executive is provided under which of the following Article?

(A) Article 40
(B) Article 45
(C) Article 50
(D) Article 51

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Answer: (c)

Which of the following Articles of the Directive Principles of State Policy deals with the Uniform Civil Code for Citizens of India?

(A) Article 51
(B) Article 48A
(C) Article 44
(D) Article 41

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Answer: (c)

Consider the following statements:
1. The directives, enshrined in Part IV of the Indian Constitution, require legislation for its implementation.
2. The Judiciary cannot issue the Writ of Mandamus against the state to enforce DPSP.
Which of the statements given above is/are correct?

(A) 1 only
(B) 2 only
(C) Both 1 and 2
(D) Neither 1 nor 2

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Answer: (c)

It requires legislation for its implementation. So, Statement 1 is correct.
These Principles are Non-Justiciable in Nature and not enforceable in the courts. Thus, the Writ of Mandamus cannot be issued by Judiciary against the state for the enforcement of the DPSP.

With reference to the implementation of Directive Principles of State Policy (DPSPs) in India, consider the following statements:
1. The 25th Constitutional Amendment Act made all the DPSPs non-justiciable.
2. There is no moral obligation on the government to implement the DPSPs.
3. The 73rd Constitutional Amendment Act of 1992 has given effect to one of the Directive Principles.
Which of the statements given above is/are correct?

(A) 1 and 3 only
(B) 3 only
(C) 2 and 3 only
(D) 1 and 2 only

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Answer: (b)

Statement 1 is incorrect. All the DPSP since the adoption and enforcement of the constitution have been non-justiciable. The 25th amendment act provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.
Statement 2 is incorrect. Though the Directive Principles are non-justiciable, the Constitution (Article 37) makes it clear that ‘these principles are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws’. Thus, they impose a moral obligation on the state authorities for their application.
Statement 3 is correct. The 73rd Constitutional Amendment Act, 1992, implemented the constitutional obligation stated in Article 40 (Organisation of village panchayats).

Which of the following statements is correct with reference to the Directive Principles of State Policy?

(A) They promote political and economic democracy in the country.
(B) They have been borrowed from the Russian Constitution.
(C) These have been described as ‘novel features’ of the Indian Constitution
(D) These are directives only to the executive organ and not to the legislative organ.

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Answer: (c)

Option a is incorrect: The Directive Principles aim at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution. They seek to establish economic and social democracy in the country. Fundamental Rights aim at promoting political democracy in the country.
Option b is incorrect: The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. The framers of the Constitution borrowed this idea from the Irish Constitution of 1937, which had copied it from the Spanish Constitution
Option c is correct: Dr. B.R. Ambedkar described these principles as ‘novel features’ of the Indian Constitution. The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution. Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution.

Which of the following statement is correct with reference to ‘State of Madras v. Champakam Dorairajan’ case?

(A) The Directive Principles of State Policy have a position of legal primacy and supremacy over the Fundamental Rights.
(B) Indian Constitution is founded on the bedrock of balance between the Fundamental Rights and the Directive Principles.
(C) The Fundamental Rights can never be amended by the Parliament, even by enacting Constitutional amendment acts.
(D) The Fundamental Rights would prevail over the Directive Principles of State Policy, in case of any conflict between the two.

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ANSWER: D

Option d is correct and Option c is incorrect. The State of Madras v. Champakam Dorairajan is a landmark decision of the Supreme Court of India. This judgement led to the first amendment of the Constitution of India. The Supreme court held that Directive Principles of State Policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. The Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. But, it also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.

Which of the following are considered as Liberal-Principles of Directive Principles of State Policy (DPSP)?
1. To encourage settlement of international disputes by arbitration.
2. To secure for all citizens a uniform civil code throughout the country.
3. To separate the judiciary from the executive in the public services of the State.
Select the correct answer using the code given below:

(A) 1 only
(B) 1 and 2 only
(C) 2 and 3 only
(D) 1, 2 and 3

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Answer: (d)

Option d is correct and Option c is incorrect. The State of Madras v. Champakam Dorairajan is a landmark decision of the Supreme Court of India. This judgement led to the first amendment of the Constitution of India. The Supreme court held that Directive Principles of State Policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. The Supreme Court ruled that in case of any conflict between the Fundamental Rights and the Directive Principles, the former would prevail. But, it also held that the Fundamental Rights could be amended by the Parliament by enacting constitutional amendment acts.
Option a is incorrect. The 42nd Amendment Act accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31. However, this extension was declared as unconstitutional and invalid by the Supreme Court in the Minerva Mills case (1980). It meant that the Directive Principles were once again made subordinate to the Fundamental Rights.
Option b is incorrect. In the Minerva Mills case (1980), the Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles. They together constitute the core of commitment to social revolution. They are like two wheels of a chariot, one no less than the other. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between the two is an essential feature of the basic structure of the Constitution.

Consider the following statements:
1. Fundamental Rights are positive in nature while DPSPs are negative in nature.
2. Fundamental Rights are automatically enforced while DPSPs require legislation for their implementation.
3. Fundamental Rights promote welfare of the individual while DPSPs promote the welfare of community.
Select the correct answer using the code given below:

(A) 1 only
(B) 1 and 2 only
(C) 2 and 3 only
(D) 1, 2 and 3

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Answer: (c)

Fundamental Rights: These are negative as they prohibit the State from doing certain things.
DPSPs: These are positive as they require the State to do certain things. These are justiciable, that is, they are legally enforceable by the courts in case of their violation.

Which of the following is also called an “Instrument of Instruction”?

(A) Preamble
(B) Fundamental rights
(C) Directive Principles of state policy
(D) Fundamental rights and Directive Principles of state policy

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Answer: (c)