CAPF AC 2021 Q72: Indian Polity – Directive Principles Of State Policy
- (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.
Answer: (b) They can override all the fundamental rights.
Explanation
Directive Principles and Fundamental Rights
How to think: Directive Principles are in Part IV.
Article 37 says they are not enforceable by any court, but are fundamental in governance.
They cannot wipe out the Fundamental Rights; the two must be balanced.
| Statement | Verdict | Basis |
|---|---|---|
| Not enforceable in a court | True | Article 37 |
| Can override all the fundamental rights | False | Minerva Mills (1980): harmony between Parts III and IV is part of the basic structure |
| Related to social and economic justice | True | Article 38 |
| Related to free legal aid | True | Article 39A |
The limited exception: under Article 31C, a law to give effect to Article 39(b) and (c) cannot be challenged for violating Article 14 or 19.
That is only two rights, not all of them.
Answer: (b).
Why each option is right or wrong
- (a) Incorrect. This is true: Article 37 makes them non-justiciable.
- (b) CORRECT. This is wrong: Directive Principles cannot override all the fundamental rights.
- (c) Incorrect. This is true: Article 38 speaks of social, economic and political justice.
- (d) Incorrect. This is true: Article 39A provides for free legal aid.
Key point
DPSP: Part IV, Articles 36 to 51, non-justiciable (Article 37). Minerva Mills (1980): balance between Parts III and IV is basic structure. Article 31C protects only laws under Article 39(b) and (c) against Articles 14 and 19.
Remember
DPSP guide the State; they do not override all rights.
Common mistakes
- Reading the 42nd Amendment attempt (struck down in Minerva Mills) as the present law.
- Thinking free legal aid is only a fundamental right and not a directive principle.
- Missing the word all, which makes statement (b) far too wide.
Exam tip
Educated guess: the word all in (b) is extreme. Extreme words such as all, never and only are the usual sign of the wrong statement.
Sources
- Constitution of India — Articles 31C, 37, 38 and 39A; Minerva Mills v. Union of India (1980)
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 2: Rights in the Indian Constitution (Directive Principles)