Which constitutional amendment has made Directive principles of state policy more important than fundamental rights? A. 42nd B. 44rd C. 52th D. 56th

42nd
44rd
52th
56th

The correct answer is: None of the above.

The Directive Principles of State Policy are not more important than Fundamental Rights. They are both important in their own way. The Directive Principles of State Policy are a set of principles that the government should follow in order to create a just and equitable society. The Fundamental Rights are a set of rights that are guaranteed to all citizens of India.

The 42nd Amendment, which was passed in 1976, did make some changes to the relationship between the Directive Principles of State Policy and the Fundamental Rights. However, it did not make the Directive Principles of State Policy more important than the Fundamental Rights.

The 42nd Amendment inserted a new clause (4) into Article 31A, which stated that the Directive Principles of State Policy would have primacy over the Fundamental Rights in the event of a conflict between the two. However, this clause was later struck down by the Supreme Court in the case of Minerva Mills v. Union of India (1980).

The Supreme Court held that the Directive Principles of State Policy are not enforceable in a court of law. This means that the government is not bound to follow the Directive Principles of State Policy, and citizens cannot sue the government for not following them.

However, the Directive Principles of State Policy are still important. They are a guide for the government in making laws and policies. The government is expected to take the Directive Principles of State Policy into account when making decisions.

The Fundamental Rights, on the other hand, are enforceable in a court of law. This means that the government is bound to respect the Fundamental Rights, and citizens can sue the government for violating them.

The Fundamental Rights are a set of rights that are guaranteed to all citizens of India. These rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.

The Fundamental Rights are important because they protect the basic rights of citizens. They ensure that the government does not violate the rights of citizens.

In conclusion, the Directive Principles of State Policy and the Fundamental Rights are both important in their own way. The Directive Principles of State Policy are a guide for the government in making laws and policies, while the Fundamental Rights are a set of rights that are guaranteed to all citizens of India.

Exit mobile version