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CAPF AC 2021 Q72: Indian Polity – Directive Principles Of State Policy

CAPF AC 2021, Paper I (General Ability and Intelligence) · Indian Polity

Which one of the following statements with regard to the Directive Principles of State Policy is not correct?
  1. (a) They are not enforceable in a court of law.
  2. (b) They can override all the fundamental rights.
  3. (c) They can be related to social and economic justice.
  4. (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.

StatementVerdictBasis
Not enforceable in a courtTrueArticle 37
Can override all the fundamental rightsFalseMinerva Mills (1980): harmony between Parts III and IV is part of the basic structure
Related to social and economic justiceTrueArticle 38
Related to free legal aidTrueArticle 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

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

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

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