Which one of the following statements with regard to the Directive Pri

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

They are not enforceable in a court of law.

They can override all the fundamental rights.

They can be related to social and economic justice.

They can be related to giving free legal aid.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CAPF – 2021

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The correct answer is B) They can override all the fundamental rights.

This statement is incorrect. Directive Principles of State Policy (DPSPs) are non-justiciable and cannot ordinarily override Fundamental Rights, which are justiciable. The relationship between Fundamental Rights and DPSPs has been a subject of judicial interpretation. While Parliament has the power to amend Fundamental Rights to implement DPSPs (as provided under Article 31C, though subject to judicial review regarding the ‘basic structure’), the DPSPs cannot automatically override all Fundamental Rights. The Supreme Court has often emphasized the harmony and balance between the two parts as essential for the constitutional scheme.

Statement A is correct as DPSPs are explicitly stated in Article 37 as not enforceable by any court. Statement C is correct; DPSPs aim to achieve social and economic justice, forming the basis of India’s welfare state objectives. Statement D is correct; Article 39A, a DPSP, directs the state to provide free legal aid to ensure justice is not denied due to economic or other disabilities.

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