Question

Which of the following is true about Fundamental Rights and DPSPs?

• A. Both are justiciable and enforceable by courts
• B. DPSPs override Fundamental Rights when in conflict
• C. Fundamental Rights are justiciable, but DPSPs are not
• D. DPSPs are guaranteed by the Constitution; Fundamental Rights are optional

Answer 1

Answer:

C. Fundamental Rights are justiciable, but DPSPs are not

Justiciability of Fundamental Rights and Directive Principles of State Policy (DPSPs)

• Fundamental Rights (FRs) are enshrined in Part III of the Indian Constitution (Articles 12-35). They are considered justiciable, meaning individuals can approach courts (High Courts under Article 226 and the Supreme Court under Article 32) for their enforcement if they are violated.
• The Supreme Court has held that the basic structure of the Constitution cannot be amended, and Fundamental Rights form part of this basic structure.
• Directive Principles of State Policy (DPSPs) are laid down in Part IV of the Indian Constitution (Articles 36-51). These are non-justiciable, meaning they cannot be enforced by any court.
• However, DPSPs are considered fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws.
• Article 37 explicitly states that DPSPs are not enforceable by any court, but the principles laid down therein are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
• The distinction between FRs and DPSPs has been a subject of judicial interpretation, notably in cases like Minerva Mills Ltd. v. Union of India (1980), where the Supreme Court emphasized the harmony and balance between the two.
• While FRs provide the political and civil liberties to citizens, DPSPs aim to establish a welfare state by directing the State to work towards social and economic justice.
• In case of a conflict between FRs and DPSPs, Fundamental Rights generally prevail due to their justiciable nature. However, Parliament can amend Fundamental Rights to give effect to certain DPSPs, provided the amendment does not damage the basic structure of the Constitution.